HomeMy WebLinkAbout102-Blidg Code Ex. A - Ordinance.pdf 1
Ordinance No. __________
An Ordinance Adopting the 2010 California Building Standards Building, Residential
Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes
with Modifications for Local Conditions.
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
A. The State of California has adopted the 2010 California Building Code (California
Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building
Standards Commission, based upon the 2009 International Building Code as
published by the International Code Council); the 2010 California Residential
Building Code (California Code of Regulations, Title 24, Part 2.5, California
Building Standards Commission as published by the International Code Council);
the 2010 California Electrical Code (California Code of Regulations, Title 24, Part
3, based on the 2008 National Electrical Code as published by the International
Code Council); the 2010 California Mechanical Code (California Code of
Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical Code as
published by the International Code Council); the 2010 California Plumbing Code
(California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform
Plumbing Code as published by the International Code Council); the 2010
California Fire Code (California Code of Regulations, Title 24, Part 9, based on
the 2009 International Fire Code as published by the International Code Council);
and the 2010 California Green Building Standards Code (California Code of
Regulations, Title 24, Part 11, California Building Standards Commission as
published by the International Code Council). These Codes shall hereinafter be
referred to collectively as the “Building Codes.”
B. On December 1, 2010, pursuant to California Government Code Section 50022.3,
the City Council of Saratoga conducted a first reading of the title of the ordinance
adopting the Building Codes, and of the ordinance to be adopted thereby, and
scheduled a public hearing on the adoption of the Building Codes to be held
December 15, 2010.
C. On November 30, 2010, pursuant to California Government Code Section
50022.6, at least one copy of the primary codes certified as true copies by the
legislative clerk were filed with the legislative clerk for public inspection.
2
D. On November 30, 2010, pursuant to California Government Code Sections
50022.3 and 6066, a notice was published in a newspaper of general circulation
stating the time and place of the December 15, 2010 public hearing and including
a description the legislative body deemed sufficient to give notice of the purpose
and subject matter of said ordinance. The notice informed the public that copies
of the primary codes considered for adoption were on file with the clerk of the
legislative body and open for public inspection.
E. On December 10, 2010, pursuant to California Government Code Sections
50022.3 and 6066, a second notice identical to the first was filed in a newspaper of
general circulation.
F. On December 15, 2010, pursuant to California Government Code Section 50022.4,
a public hearing was held. Following public testimony and consideration, the City
Council of Saratoga found adoption of the Building Codes was in the public
interest. Except as to the additions, deletions and amendments hereinafter noted,
the Building Codes are hereby adopted and made a part hereof, the same as if fully
set forth in this Article, and shall be the Building Regulations of the City.
G. Additions, deletions, and amendments identical to those adopted in the City of
Saratoga’s 2007 Building Regulations were and are deemed reasonably necessary
because of local climatic, geological, or topographical conditions pursuant to
Government Code Section 17958.5. Express findings that these modifications to
the Building Code were reasonably necessary were filed upon the adoption of the
City of Saratoga’s 2007 Building Regulations with the California Building
Standards Commission in accordance with California Health and Safety Code
Section 17958.7 and are available as a public record.
H. The new additions, deletions, and amendments hereinafter noted are deemed
reasonably necessary because of local climatic, geological, or topographical
conditions pursuant to Government Code Section 17958.5. Express findings that
these modifications to the Building Code are reasonably necessary will be filed
with the California Building Standards Commission in accordance with California
Health and Safety Code Section 17958.7 before this ordinance takes effect.
I. While the ordinance codified in this Article is in force, a true copy of the Building
Codes shall be kept for public inspection in the office of the Building Official and
a reasonable supply of the Building Code shall be available for public purchase in
the office of the City Clerk in accordance with Government Code Section 50022.6.
J. Unlike the 2007 version of the California Building Standards Code (California
Code of Regulations, Title 24), the 2010 California Building Standards Code
provides for damaged structures to be repaired or reconstructed to a structurally
3
safe level, accounting for upgrades in wind and seismic standards. Therefore the
City Council of Saratoga does not deem it necessary to retain the provisions of
Article 16-16 of the Saratoga City Code (“Repair and Reconstruction Code”)
adopted in the City of Saratoga’s 2007 Building Regulations.
K. The City of Saratoga’s dense population is located in an area of high seismic
activity and steep slopes susceptible to erosion. Areas of critically expansive soil
and other unstable soil conditions create a need for soil retention and the diversion
or increased flow of surface waters, particularly on steep slopes. The provisions
of the Building Codes pertaining to excavation and grading, including the
provisions in Appendix J of the 2010 California Building Code, provide only
general direction and are insufficient to ensure public safety given these unique
climatic, geological and topographical features. Therefore the City Council of
Saratoga deems it reasonably necessary to retain the provisions of appendix
Chapter 33 only of the 2001 California Building Code (1997 Uniform Building
Code Vols. I, II, and III as compiled and published by the International
Conference of Building Officials and amended by the State of California) with
additions, deletions, and amendments identical to those adopted in the City of
Saratoga’s 2007 Building Regulations. These provisions are hereinafter referred
to as the “Excavation and Grading Code.”
Section 2. Adoption.
A. Amendments to Chapter 16 – Building Regulations
1. Article 16-15 of the Saratoga City Code concerning the Building
Code is hereby deleted in its entirety and replaced with Article 16-15
attached in Appendix A.
2. Article 16-16 of the Saratoga City Code concerning the Repair and
Reconstruction Code is hereby deleted in its entirety.
3. Article 16-17 of the Saratoga City Code concerning the Excavation
and Grading Code is hereby deleted in its entirety and replaced with
Article 16-17 attached in Appendix A.
4. Article 16-18 of the Saratoga City Code concerning the Residential
Building Code is hereby adopted as attached in Appendix A.
5. Article 16-20 of the Saratoga City Code concerning the Fire Code is
hereby deleted in its entirety and replaced with Article 16-20
attached in Appendix A.
4
6. Article 16-25 of the Saratoga City Code concerning the Plumbing
Code is hereby deleted in its entirety and replaced with Article 16-25
attached in Appendix A.
7. Article 16-30 of the Saratoga City Code concerning the Mechanical
Code is hereby deleted in its entirety and replaced with Article 16-30
attached in Appendix A.
8. Article 16-35 of the Saratoga City Code concerning the Electrical
Code is hereby deleted in its entirety and replaced with Article 16-35
attached in Appendix A.
9. Article 16-49 of the Saratoga City Code concerning the Green
Building Standards Code is hereby adopted as shown in Article 16-
49 attached in Appendix A.
10. Section 16-72.020 of Article 16-72 concerning construction and
demolition debris is amended as shown below (text to be added is
shown in bold double underline (example) and text to be deleted is
shown in strikeout (example)):
16-72.020 - Review of proposed plan.
(a) The Building Official shall review a proposed construction and
demolition debris recycling plan to determine whether the plan
meets the following criteria:
(1) The plan identifies all recyclable construction or
demolition debris anticipated to be produced by the project.
(2) The plan explains how the applicant will recycle and/or
salvage for reuse a minimum of 50 percent of the nonhazardous
reasonably maximize the diversion of construction and demolition
debris from disposal in a landfill.
(3) The plan identifies end uses of the construction and
demolition debris that are consistent with the diversion goals of the
California Integrated Waste Management Act of 1989 (Cal. Pub.
Res. Code § 40000 et seq.).
(4) The plan specifies that all waste management
activities on the site, including construction and demolition
5
debris recycling, collection, and disposal, will be carried out in
accordance with the Saratoga Code.
(b) The Building Official may recommend modifications to the
proposed plan in accordance with the criteria in subsection (a), and
the applicant may modify the proposed plan in accordance with the
recommendations of the Public Works Director and the criteria in
subsection (a).
(c) If the Building Official determines that the proposed plan
satisfies the criteria in subsection (a), the Building Official shall
approve the plan.
(d) If the Building Official determines that the proposed plan is
not being implemented or is being implemented in a manner that
is not in accordance with the Saratoga Code the Building
Official may suspend the permit(s) associated with the plan and
all work associated with those permits shall cease.
B. Amendment to Chapter 17 – Sustainability
1. Section 17-05.10 is amended to add the following new subparagraph
(q) and existing subparagraphs (q) and (r) are redesignated as (r) and
(s) respectively:
(q) Article 16-49 Green Building Standards Code. Requires
compliance with the State of California Green Building Code.
2. Section 17-05.10(q), redesignated as (r) by the preceding section, is
amended as follows (text to be added is shown in bold double
underline (example) and text to be deleted is shown in strikeout
(example)):
(r) 16-72 Construction and demolition debris. Requires a recycling
plan for construction and demolition debris for projects with more than
2,500 square feet of floor space. Plans must divert at least 50 percent of
waste should maximize waste diverted from landfills, and are documented,
approved, and overseen by City staff.
Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is
exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15308 (the
6
amendments are exempt because they assure maintenance, restoration, enhancement, or
protection of the environment) and CEQA Guidelines section 15061(b)(3) (the amendments
are exempt because it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment).
Section 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has
been eliminated.
Section 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a
newspaper of general circulation of the City of Saratoga within fifteen days after its
adoption.
- Continued Next Page -
7
The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 1st day of December 2010, and was adopted by the
following vote following a second reading on the 15th day of December 2010:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
____________________________________
Howard Miller
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
____________________________________
Ann Sullivan
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
1
City of Saratoga Ordinance No. ___
APPENDIX A
Article 16-15 BUILDING CODE
16-15.010 Adoption of 2010 California Building Code.
(a) The 2010 California Building Code (2009 edition of the International Building Code as
compiled and published by the International Code Council and amended by the State of
California), including Appendix I, referred to throughout this Chapter 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 the ordinance codified in this Article.
(b) 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 fifteen (15) days prior to
enactment of the ordinance codified in this Article. While the ordinance codified in this Article
is in force, a true copy of the Building Code shall be kept for public inspection in the office of
the Building Official. A reasonable supply of the Building Code shall be available in the office
of the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Building Code, as adopted by reference in Section 16-15.010(a).
16-15.020 Enforcement of Title 24 of the California Code of Regulations
Pursuant to the laws of the State of California, Title 24 of the California Code of Regulations,
also known as the California Building Standards Code, applies to all construction in the State of
California and is enforced by the City of Saratoga in accordance with State law. This and other
Articles of Chapter 16 of the Saratoga Code adopt certain provisions of Title 24 by reference and
make revisions to reflect local climatic, geological, or topographical conditions. The provisions
of Title 24 that are not adopted by reference or amended by this Article remain in effect as laws
of the State.
16-15.025 Retention of plans.
(a) Subsection 107.5 of the Building Code is amended to read:
107.5 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
2
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.
16.15-030 Expiration of permits.
(a) Subsection 105.5 of the Building Code is amended to read:
105.5 Expiration of Permits.
(a) Every permit issued by the building official under the provisions of the Building Code
shall expire by limitation and become null and void if any one of the following occurs:
(1) The building or work authorized by such permit is not commenced within 180
days from the date of such permit; or
(2) The building or work authorized by such permit is suspended or abandoned at any
time after the work is commenced for a period of 180 days; or
(3) The permittee fails or refuses to request an inspection required by Section 110 of
the Building Code within any period of 180 consecutive days after the work authorized by the
permit is commenced. If the building official conducts such inspection within such 180-day
period, but declines to approve such inspection without correction of specified items and
subsequent reinspection, then the building permit shall not expire if such correction is made and
passes re-inspection within 30 days after the end of the 180-day period described in this
subsection.
(b) After such expiration, such work can be recommenced, only upon reinstatement or
issuance of a new permit to do so. The plans and specifications for a reinstated permit or new
permit shall comply with all provisions of the City building code in effect at the time of
reinstatement or issuance of a new permit. A reinstatement or new permit may be issued as
follows:
(1) Reinstatement. Expired Permits may be reinstated as follows. Application for
permit reinstatement within 180 days of expiration, 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 under (2) above has not exceeded one year. The fee for issuance of
renewed permit shall be one-half of the full permit fees (based upon the fee schedule adopted by
the City Council as of the time the reinstated permit is issued) if the reinstated permit is applied
for within 180 days after expiration of the prior permit.
(2) New Permit. A new permit may be issued following expiration of a building
permit as follows. Application for a new permit at any time so long as any underlying Design
Review Approval, Use Permit or other required planning approval remains effective. The full
permit fee shall apply to the new permit (based upon the fee schedule adopted by the City
Council as of the time the new permit is issued).
3
(c) Notwithstanding the foregoing provisions, 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 or
reduce the payment of a fee for issuance of the reinstated or the new permit.
(d) The building official may decline to issue more than one reinstatement of a building
permit if in the judgment of the building official the work authorized by the original permit is not
being diligently prosecuted to completion. The building official may also condition any
reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building
official may approve no more than two reinstatements of a building permit.
(e) The building official may at any time exercise discretion to find that a building, structure
or work for which a building permit has expired qualifies as an unsafe building, structure or
work and proceed to abate any nuisance associated therewith.
(f) Where: (i) a building permit has expired; and (ii) the building, structure, or other work
authorized by such permit has not been completed; and (iii) no reinstated permit has been
obtained within 180 days after expiration, then said building, structure, or work shall be
conclusively presumed to be unsafe, abandoned, a hazard to the public health, safety and welfare,
and a public nuisance.
(g) The building official is authorized to exercise discretion to abate any public nuisance
regarding any unsafe building, structure or work (including but not limited to one resulting under
the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by:
(1) Proceeding under the Building Code for the Abatement of Dangerous Buildings;
or
(2) Proceeding under the following alternative method of enforcement where a
building, structure, or other work authorized by a building permit has not been completed within
36-months of the date of issuance of the original permit: the building official may abate such
public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of
the building, structure, or other work, or construction of a fence or wall around the building,
structure, or work so as to obscure it from view, or construction of other structures or blockades
to prevent access to the building, structure, or other work by animals or humans.
16.15-040. Fees.
(a) Subsection 109.2.1 of the Building Code is amended to read:
109.2.1 Fees. The City of Saratoga may prescribe fees to defray the cost of enforcement
of rules and regulations promulgated by the Department of Housing and Community
Development or set forth in the Building Code. The amount of such fees shall not exceed the
amount reasonably necessary to administer or process permits, certificates, forms or other
documents, or to defray the costs of enforcement and shall be established by resolution of the
4
City Council. The payment of any 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.
Permit Fees. The amount of the fees to be paid for each permit shall be established by
resolution of the City Council.
Investigation Fees. Whenever any work for which a permit is required by this code has
been commenced without first obtaining said permit, a special investigation shall be made before
a permit may be issued for such work. 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
established by resolution of the City Council.
Plan Review Fees. When a plan or other data are required to be submitted by Section
106.1 of Appendix Chapter 1, 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.
Expiration of Plan Review. Applications for which no permit is issued within 180 days
following the date of application shall expire by limitation, and plans and other data submitted
for review may thereafter be returned to the applicant or destroyed by the building official. The
building official may extend the time for action by the applicant for a period not exceeding 180
days on request by the applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. No application shall be extended more than once. In
order to renew action on an application after expiration, the applicant shall resubmit plans and
pay a new plan review fee.
Additional Fees. The City of Saratoga may prescribe any additional fees reasonably
necessary to cover the cost of administering this Article. Such fees shall be set forth in the City
of Saratoga Master Fee Schedule adopted by the City Council.
16.15-045. Roof coverings.
(a) Section 1505.1.3 of the Building Code is amended to read:
1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 10 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A.
(b) Section 1505.1.4.1 of the 2010 California Building Code is added to read:
1505.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
5
roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
16-15.050 Underside of appendages
(a) Section 707A.8.1 of the Building Code is amended to read:
707A.8.1 Underside of appendages. The underside of overhanging appendages shall be
enclosed to grade in accordance with the requirements of this chapter or the underside of the
exposed underfloor shall consist of one of the following:
1. Noncombustible material
2. Ignition-resistant material
3. One layer of 5/8 –inch Type X gyp sum sheathing applied behind an
exterior covering on the underside of the floor projection
4. The exterior portion of a 1-hour fire resistive exterior wall assembly
applied to the underside of the floor including assemblies using the
gypsum panel and sheathing products listed in the Gypsum Association
Fire Resistance Design Manual
5. The underside of a floor assembly that meets the performance criteria in
accordance with the test procedures set forth in SFM Standard 12-7A-3
Exception: Heavy timber structural columns and beams do not require protection.
16-15.055 Accessory Structures
(a) Subsection 710A.3.2 of the Building Code is deleted in its entirety.
(b) Section 710A.8 of the Building Code is amended to read:
710A.4 Requirements. Accessory structures shall be constructed of noncombustible or
ignition-resistant materials.
16-15.060 Earthquake Loads.
(a) Subsection 1613.8 is added to the Building Code to read:
1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7, Section 12.8.7 by amending Equation 12.8-
16 as follows:
dsxx
x
ChV
IP∆=θ (12.8-16)
6
16-15.065 Special Inspections
(a) Subsection 1704.4 of the Building Code is amended to read:
1704.4 Concrete Construction. The special inspections and verifications for concrete
construction shall be as required by this section and TABLE 1704.4.
Exceptions: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the footing is based
on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2
Mpa).
16-15.070 Modifications to ACI 318
(a) Subsection 1908.1.8.1 of the Building Code is amended to read:
1908.1.8 ACI 318, section 22.10 Delete ACI 318, section 22.10, and replace with the following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1- 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 stores or less in
height and constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area
of less than 0.002 times the gross cross –sectional area of the footing.
7
Article 16-17 EXCAVATION AND GRADING
16-17.010 Purpose.
(a) The purpose of this Article is to safeguard life, limb, property and the public welfare by
regulating grading on private property. This Article establishes amendments to the Building
Code for the excavation and grading. In the event an amendment to the Building Code results in
differences between these building standards and the Building Code, the text of these building
standards shall govern. 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 the
ordinance codified in this Article.
16-17.020 Scope.
(a) This Article sets forth rules and regulations to control excavation, grading and earthwork
construction, including fills and embankments; establishes the administrative procedure for
issuance of permits; and provides for approval of plans and inspection of grading construction.
1. Testing.
a. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures
b. ASTM D 1556, In Place Density of Soils by Sand-Cone Method
c. D 2167, In Place Density of Soils by the Rubber-Balloon Method
d. ASTM D 2937, In Place of Density of Soils by the Drive-Cylinder Method
e. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear
Methods
16-17.030 Permits Required
(a) Permits Required. Except as specified in part (b), no person shall do any grading without
first having obtained a grading permit from the building official.
(b) Exempted Work. A grading permit is not required for the following:
1. When approved by the building official, grading in an isolated, self-contained area if there is
no danger to private or public property.
2. An excavation below finished grade for basements and footings of a building, retaining wall or
other structure authorized by a valid building permit. This shall not exempt any fill made with
8
the material from such excavation or exempt any excavation having an unsupported height
greater than 5 feet (1524 mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or
clay where established and provided for by law, provided such operations do not affect the lateral
support or increase the stresses in or pressure upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil engineers or engineering geologists.
8. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope
greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1½ units horizontal
(66.7% slope).
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than
1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not
intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and
does not obstruct a drainage course.
(c) Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction.
16-17.040 Hazards
(a) Whenever the building official determines that any existing excavation or embankment or
fill on private property has become a hazard to life and limb, or endangers property, or adversely
affects the safety, use or stability of a public way or drainage channel, the owner of the property
upon which the excavation or fill is located, or other person or agent in control of said property,
upon receipt of notice in writing from the building official, shall within the period specified
therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in
conformance with the requirements of this code.
16-17.050 Definitions
(a) For the purposes of this Article, the definitions listed hereunder shall be construed as
specified in this section.
“Approval” shall mean that the proposed work or completed work conforms to this chapter in the
opinion of the building official.
9
“As-Graded” is the extent of surface conditions on completion of grading.
“Bedrock” is in-place solid rock.
“Bench” is the relatively level step excavated into earth material on which fill is to be placed.
“Borrow” is earth material acquired from an off-site location for use in grading on a site.
“Civil Engineer” is a professional engineer registered in the state to practice in the field of civil
works.
“Civil Engineering” is the application of the knowledge of the forces of nature, principles of
mechanics and the properties of materials to the evaluation, design and construction of civil
works.
“Compaction” is the densification of fill by mechanical means.
“Earth Material” is any rock, natural soil or fill or any combination thereof.
“Engineering Geologist” is a geologist experienced and knowledgeable in engineering geology.
“Engineering Geology” is the application of geological knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design of civil
works.
“Erosion” is the wearing away of the ground surfaced as a result of the movement of wind, water
or ice.
“Excavation” is the mechanical removal of earth material.
“Fill” is a deposit of earth material placed by artificial means.
“Geotechnical Engineer.” See “soils engineer.”
“Grade” is the vertical location of ground surface.
“Existing Grade” is the grade prior to grading.
“Finish Grade” is the final grade of the site that conforms to the approved plan.
“Rough Grade” is the stage at which the grade approximately conforms to the approved plans.
“Grading” is any excavating or filling or combination thereof.
“Key” is a designed compacted fill placed in a trench excavated in earth material beneath the toe
of a proposed fill slope.
10
“Professional Excavation” is the inspection required by this code to be performed by the civil
engineer, soils engineer or engineering geologist. Such inspections include that performed by
persons supervised by such engineers or geologists and shall be sufficient to form an opinion
relating to the conduct of the work.
“Site” is any lot or parcel of land or contiguous combination thereof, under the same ownership,
where grading is performed or permitted.
“Slope” is an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
“Soil” is naturally occurring superficial deposits overlying bedrock.
“Soils Engineer (Geotechnical Engineer)” is an engineer experienced and knowledgeable in the
practice of soils engineering (geotechnical) engineering.
“Terrace” is a relatively level step constructed in the face of a graded slope surface for drainage
and maintenance purposes.
16-17.060 Grading Permit Requirements
(a) Permits Required. Except as exempted in Section 16-17.040 of this code, no person shall
do any grading without first obtaining a grading permit from the building official. A separate
permit shall be obtained for each site, and may cover both excavations and fills.
1. Notwithstanding any provision of the Building Code to the contrary, 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.
(b) Application. The provisions of Section 105.3 of the 2010 California Building Code are
applicable to grading. Additionally, the application shall state the estimated quantities of work
involved.
(c) 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 1,000 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.”
(d) Engineered Grading Requirements. Application for a grading permit shall be
accompanied by two sets of plans and specifications, and supporting data consisting of a soils
engineering report and engineering geology report. The plans and specifications shall be
11
prepared and signed by an individual licensed by the state to prepare such plans or specifications
when required by the building official.
1. Specifications shall contain information covering construction and material
requirements.
2. Plans shall be drawn to scale upon substantial paper or cloth and shall be of
sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this code and all relevant laws, ordinances, rules and
regulations. The first sheet of each set of plans shall give location of the work, the name and
address of the owner, and the person by whom they were prepared.
3. The plans shall include the following information:
a. General vicinity of the proposed site.
b. Property limits and accurate contours of existing ground and details of
terrain and area drainage.
c. Limiting dimensions, elevations or finish contours to be achieved by the
grading, and proposed drainage channels and related construction.
d. Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams or other protective devices to be constructed with, or as a part of, the
proposed work, together with a map showing the drainage area and estimated runoff of
the area served by any drains.
e. Location of any buildings or structures on the property where the work is
to be performed and the location of any buildings or structures on land of adjacent
owners that are within 15 feet (4572 mm) of the property or that may be affected by the
proposed grading operations.
f. Recommendations included in the soils engineering report and the
engineering geology report shall be incorporated in the grading plans or specifications.
When approved by the building official, specific recommendations contained in the soils
engineering report and the engineering geology report, which are applicable to grading,
may be included by reference.
g. The dates of the soils engineering and engineering geology reports
together with the names, addresses and phone numbers of the firms or individuals who
prepared the reports.
h. 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
12
specified in the City's zoning regulations, or which may be affected by the proposed
grading operations. Specifications shall contain information covering construction and
material requirements.
i. Estimate of the quantity of excavation or fill involved and estimated
commencement and completion dates.
j. Indication of the area of vegetation to be removed.
(e) Soils Engineering Report. The soils engineering report required by part (d) shall include
data regarding the nature, distribution and strength of existing soils, conclusions and
recommendations for grading procedures and design criteria for corrective measures, including
buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be
developed by the proposed grading as affected by soils engineering factors, including the
stability of slopes.
(f) Engineering Geology Report. The engineering geology report required by part (d) shall
include an adequate description of the geology of the site, conclusions and recommendations
regarding the effect of geological conditions on the proposed development, and opinion on the
adequacy for the intended use of sites to be developed by the proposed grading, as affected by
geological factors.
(g) Liquefaction Study. The building official may require a geotechnical investigation in
accordance with Section 1803.2 when, during the course of an investigation, all of the following
conditions are discovered, the report shall address the potential for liquefaction:
1. Shallow ground water, 50 feet (15 240 mm) or less.
2. Unconsolidated sandy alluvium.
3. Seismic Design Categories E and F.
(h) Regular Grading Requirements. Each application for a grading permit shall be
accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The
plans shall give the location of the work, the name of the owner and the name of the person who
prepared the plan. The plan shall include the following information:
1. General vicinity of the proposed site.
2. Limiting dimensions and depth of cut and fill.
3. Location of any buildings or structures where work is to be performed, and the
location of any buildings or structures within 15 feet (4572 mm) of the proposed grading.
(i) Issuance. The provisions of Section 105.3 of the 2010 California Building Code are
applicable to grading permits. The building official may require that grading operations and
13
project designs be modified if delays occur which incur weather-generated problems not
considered at the time the permit was issued.
The building official may require professional inspection and testing by the soils engineer.
When the building official has cause to believe that geological factors may be involved, the
grading will be required to conform to the engineered grading.
16-17.070 Grading Fees
(a) General. Fees shall be assessed in accordance with the provisions of this section or shall
be as set forth in the fee schedule adopted by the jurisdiction.
(b) 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 checking 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.
(c) 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.
(d) 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.
16-17.080 Bonds
(a) 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 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
14
or expended by the City in causing all such work to be done, including engineering fees and
attorney's fees.
16-17.090 Cuts
(a) General. Unless otherwise recommended in the approved soils engineering or
engineering geology report, cuts shall conform to the provisions of this section.
(b) In the absence of an approved soils engineering report, these provisions may be waived
for minor cuts not intended to support structures.
(c) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and
shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permitee
furnishes a soils engineering or an engineering geology report, or both, stating that the site has
been investigated and giving an opinion that a cut at a steeper slope will be stable and not create
a hazard to public or private property.
16-17.100 Fills
(a) General. Unless otherwise recommended in the approved soils engineering report, fills
shall conform to the provisions of this section.
(b) In the absence of an approved soils engineering report, these provisions may be waived
for minor fills not intended to support structures.
(c) Preparation of Ground. Fills slopes shall not be constructed on natural slopes steeper than
1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive
fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying
to provide a bond with the new fill and where slopes are steeper than 1 unit vertical in 5 units
horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound
bedrock or other competent material as determined by the soils engineer. The bench under the
toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20% slope) shall be at
least 10 feet (2048 mm) wide. The area beyond the toe of the fill shall be sloped for sheet
overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench
under the toe of the fill shall be at least 10 feet (3048 mm) wide but the cut shall be made before
placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable
foundation for fill.
(d) Fill Material. Detrimental amounts of organic material shall not be permitted in fills.
Except as permitted by the building official, no rock or similar irreducible material with a
maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.
Exception: The building official may permit placement of larger rock when the soils
engineer properly devises a method of placement, and continuously inspects its
placement and approves the fill suitability. The following conditions shall also apply:
15
1. Prior to issuance of the grading permit, potential rock disposal area shall be
delineated on the grading plan.
2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10
feet (3048 mm) or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.
(e) Compaction. All fills shall be compacted to a minimum of 90 percent maximum density.
(f) Slope. The slope of fill surfaces shall be no steeper than is safe for intended use. Fill
slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope).
16-17.110 Setbacks
(a) General. Cut and fill slopes shall be set back from site boundaries in accordance with
this section. Setback dimensions shall be horizontal distances measured perpendicular to the site
boundary. Setback dimensions shall be as shown in Figure A-33-1.
(b) Top of Cut Slope. The top of cut slopes shall not be made nearer to the site boundary line
than one fifth of the vertical height of cut with a minimum of 2 feet (610 mm) and a maximum of
10 feet (3048 mm). The setback may need to be increased for any required interceptor drains.
(c) Toe Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line
than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20
feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off-
site property is developed, special precautions shall be incorporated in the work as the building
official deems necessary to protect the adjoining property from damage as a result of such
grading. These precautions may include but are not limited to:
1. Additional setbacks
2. Provisions for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.
4. Provisions for the control of surface waters.
(d) Modification of Slope Location. The building official may approve alternate setbacks.
The building official may require an investigation and recommendation by a qualified engineer
or engineering geologist to demonstrate that the intent of this section has been satisfied.
16-17.120 Drainage and Terracing
16
(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and
terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 units
vertical in 3 units horizontal (33.3% slope).
(b) Terrace. Terraces of at least 6 feet (1829 mm) in width shall be established at not more
than 30-foot (9114 mm) vertical intervals on all cut or fill slopes to control surface drainage and
debris except that where only one terrace is required, it shall be at midheight. For cut or fill
slopes greater than 60 feet (18 288 mm) and up to 120 feet (36 576 mm) in vertical height, one
terrace at approximately midheight shall be 12 feet (3658 mm) in width. Terrace widths and
spacing for cut and fills lopes greater than 120 feet (36 576 mm) in height shall be designed by
the civil engineer and approved by the building official. Suitable access shall be provided to
permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved
with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal
paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a
minimum paved width of 5 feet (1524 mm).
A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500
square feet (1254.2 m2) (projected) without discharging into a down drain.
(c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as
necessary for stability.
(d) Disposal. All drainage facilities shall be designed to carry waters to the nearest
practicable drainage way approved by the building official or other appropriate jurisdiction as a
safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented
by installation of nonerosive downdrains or other devices.
Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities,
unless waived by the building official.
Exception: The gradient from the building pad may be 1 percent if all of the following
conditions exist throughout the permit area:
1. No proposed fills are greater than 10 feet (3048 mm) in maximum depth.
2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet
(3048 mm).
3. No existing slope faces steeper than 1 unit vertical in 10 units horizontal (10% slope)
have a vertical height in excess of 10 feet (3048 mm).
(e) Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut
slopes where the tributary drainage area above slopes toward the cut and has a drainage path
greater than 40 feet (12 192 mm) measured horizontally. Interceptor drains shall be paved with a
17
minimum of 3 inches (76 mm) of concrete or gunite and reinforced. They shall have a minimum
depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured
horizontally across the drain. The slope of the drain shall be approved by the building official.
(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, decking, 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. Disposition of on-site storm
water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution
Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code.
(g) The plans and specifications required by Article 16-17.070(d) 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.
16-17.130 Erosion Control
(a) 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.
(b) Other Devices. Where necessary, check dams, cribbing, riprap or other methods shall be
employed to control erosion and provide safety.
16-17.140 Grading Inspection
18
(a) General. Grading operations for which a permit is required shall be subject to inspection
by the building official. Professional inspection of grading operations shall be provided by the
civil engineer, soils engineer and the engineering geologist retained to provide such services in
accordance with Section 16-17.150(e) for engineered grading and as required by the building
official for regular grading.
(b) Civil Engineer. The civil engineer shall provide professional inspection within such
engineers area of technical specialty, which shall consist of observation and review as to the
establishment of line, grade and surface drainage of the development area. If revised plans are
required during the course of the work they shall be prepared by the civil engineer.
(c) Soils Engineer. The soils engineer shall provide professional inspection within such
engineer’s are of technical specialty, which shall include observation during grading and testing
for required compaction. The soils engineer shall provide sufficient observation during the
preparation of the natural ground and placement and compaction of the fill to verify that such
work is being performed in accordance with the conditions of the approved plan and appropriate
requirements of this chapter. Revised recommendations relating to conditions differing from the
approved soils engineering and engineering geology reports shall be submitted to the permittee,
the building official and civil engineer.
(d) Engineering Geologist. The engineering geologist shall provide professional inspection
within such engineer’s area of technical specialty, which shall include professional inspection of
the bedrock excavation to determine if conditions encountered are in conformance with the
approved report. Revised recommendations relating to conditions differing from the approved
engineering geology report shall be submitted to the soils engineer.
(e) Permittee. The permittee shall be responsible for the work to be performed in accordance
with the approved plans and specifications and in conformance with the provisions of this code,
and the permittee shall engage consultants, if required, to provide professional inspections on a
timely basis. The permitee shall act as a coordinator between the consultants, the contractor and
the building official. In the event of changed conditions, the permittee shall be responsible for
informing the building official of such change and shall provide revised plans for approval.
(f) Building Official. The building official shall inspect the project at the various stages of
work requiring approval to determine that adequate control is being exercised by the professional
consultants.
(g) Notification of Noncompliance. If, in the course of fulfilling their respective duties under
this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work
is not being done in conformance with this chapter or the approved grading plans, the
discrepancies shall be reported immediately in writing to the permittee and the building official.
(h) Transfer of Responsibility. If the civil engineer, the soils engineer or the engineering
geologist of record is changes during grading, the work shall be stopped until the replacement
has agreed in writing to accept their responsibility within the area of technical competence for
19
approval upon completion of the work. It shall be the duty of the permittee to notify the building
official in writing of such change prior to the recommencement of such grading.
16-17.150 Completion of Work
(a) Final Reports. Upon completion of the rough grading work and at the final completion of
the work, the following reports and drawings and supplements thereto are required for
engineered grading or when professional inspection is performed for regular grading, as
applicable.
1. An as-built grading plan prepared by the civil engineer retained to provide such
services in accordance with Section 16-17.150(e) showing original ground surface elevations, as-
graded ground surface elevations, lot drainage patterns, and the locations and elevations of
surface drainage facilities and of the outlets of subsurface drains. As-constructed locations,
elevations and details of subsurface drains shall be shown as reported by the soils engineer.
Civil engineers shall state that to the best of their knowledge the work within their area of
responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the soils engineer retained to provide such services in
accordance with Section 16-17.150(c), including locations and elevations of field density tests,
summaries of field and laboratory tests, other substantiating data, and comments on any changes
made during grading and their effect on the recommendations made in the approved soils
engineering investigation report. Soils engineers shall submit a statement that, to the best of
their knowledge, the work within there are of responsibility is in accordance with the approved
soils engineering report and applicable provisions of this chapter.
3. A report prepared by the engineering geologist retained to provide such services
in accordance with Section 16-17.150(e), including a final description of the geology of the site
and any new information disclosed during the grading and the effect of same on
recommendations incorporated the approved grading plan. Engineering geologist shall submit a
statement that, to the best of their knowledge, the work within there area of responsibility is in
accordance with the approved engineering geologist report and applicable provisions of this
chapter.
4. The grading contractor shall submit in a form prescribed by the building official a
statement of conformance to said as-built plan and the specifications.
(b) Notification of Completion. The permittee shall notify the building official when the
grading operation is ready for final inspection. Final approval shall not be given until all work,
including installation of all drainage facilities and their protective devices, and all erosion-
control measures have been completed in accordance with the final approved grading plan, and
the required reports have been submitted.
20
16-17.160 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 structures 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.
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.
16-17.170 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,
21
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.
(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 checking 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.
16-17.180 General Provisions.
(a) Restricted hours. 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 therefore.
(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.
(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
22
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 at 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.
23
24
25
16-18.010 Adoption of 2010 California Residential Building Code.
Article 16-18 RESIDENTIAL BUILDING CODE
(a) The 2010 California Residential Building Code (California Building Standards
Commission as published by the International Code Council), referred to throughout this Chapter
as the “Residential 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 Residential 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 California Building Standards 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 the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Residential Building Code has been on file with the City Clerk since fifteen (15) days
prior to enactment of the ordinance codified in this Article. While the ordinance codified in this
Article is in force, a true copy of the Residential Building Code shall be kept for public
inspection in the office of the Residential Building Official. A reasonable supply of the
Residential Building Code shall be available in the office of the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Residential Building Code, as adopted by reference in Section 16-45.010(a).
16-18.020 Enforcement of Title 24 of the California Code of Regulations
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the City
of Saratoga as laws of the State.
16-18.025 Automatic Sprinklers.
(a) Section R313.1 is amended to read:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
system shall be installed in all new townhouses and in existing townhouses when additions are
made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
(b) Section R313.2 is amended to read:
26
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in one- and two-family dwellings as follows:
1. In all new one- and two-family dwellings and in existing one- and two-family dwellings
when additions are made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
2. In all new basements and in existing basements that are expanded.
Exception: Existing basements that are expanded by not more than 50%.
16-18.030 Material and Construction Methods for Exterior Wildfire Exposure.
(a) Section R327.7.9 is amended as follows: Delete “When required by the enforcing
agency”
(b) Section R327.10.3.2 is deleted in its entirety.
(c) Section R327.10.4 is amended as follows: Delete “When required by the enforcing
agency”
16-18.035 Seismic Reinforcing.
(a) Section R403.1.3 is amended to read:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1
and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two
continuous longitudinal reinforcing bars 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.
In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a
concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than
4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom
of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem
wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported
on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more
than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the
bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
27
Exception: In detached one- and two-family dwellings which are three stories or less in
height and constructed with stud bearing walls, isolated plain concrete footings supporting
columns or pedestals are permitted.
16-18.040 Limits on methods GB and PCP.
(a) Subsection R602.10.2.1.1 is added to read:
R602.10.2.1.1 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 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.
16-18.045 Roof Classification.
(a) Section R902.1.4.1 is added to read:
R902.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
(b) Section R902.1.3 is amended to read:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 10 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A.
28
Article 16-20 FIRE CODE
16-20.010 - Adoption of the California Fire Code and International Fire Code.
(a) The 2010 California Fire Code and the 2009 International Fire Code, including Appendix
Chapters B, C and J are referred to and, except as to additions, deletions and amendments
hereinafter noted, are adopted and made a part hereof, the same as if fully set forth in this
Article. The California Fire Code and the International Fire Code as adopted herein are
hereinafter referred to collectively as the "Fire Code." 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 the ordinance codified in this Article.
(b) 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 the
ordinance codified in this Article. While the ordinance codified in this Article 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 Chief. A reasonable supply of the Fire Code shall be available in the office of
the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Building Code, as adopted by reference in Section 16-15.010(a).
16-20.015 Enforcement of Title 24 of the California Code of Regulations
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the City
of Saratoga as laws of the State.
16-20.020 Fire Department and Chief.
(a) Fire protection is provided in the City of Saratoga by the Santa Clara County Fire
Department and the Saratoga Fire District. As used in the Fire Code, "Fire Department" refers to
the Fire Department that provides fire protection to the relevant location, and "Chief" or "Fire
Code Official" refers to the Chief of that Fire Department.
16-20.025 Amendments to Chapter 34 of the Fire Code; Class I and Class II liquids.
Flammable and Combustible Liquids.
(a) Establishment of limits of districts in which storage of flammable or combustible liquids
in outside aboveground tanks is prohibited.
The limits referred to in Section 3404.2.9.6.1 of said Fire Code, in which the storage of
flammable or combustible liquids in aboveground tanks is prohibited, are established as all
29
locations within the City of Saratoga that are residential or congested commercial areas as
determined by the Fire Code Official.
(b) Establishment of limits of districts in which storage of flammable or combustible liquids
in aboveground tanks is prohibited.
The limits referred to in Section 3406.2.4.4 of said Fire Code, in which the storage of flammable
or combustible liquids in aboveground tanks is prohibited, are established as all locations of the
City of Saratoga that are residential or other locations as determined by the Fire Code Official.
16-20.030 - Amendments to Chapter 38 of the Fire Code; Liquefied Petroleum Gases.
(a) Establishment of limits in which storage of liquefied petroleum gases is prohibited.
The limits referred to in Section 3804.2 of said Fire Code, in which storage of liquefied
petroleum gas (LPG) is restricted, are established as all locations within the City of Saratoga that
are residential or congested commercial areas.
Exceptions: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking
uses may be permitted if stored and handled in accordance with this Code. Facilities in
commercial areas for refueling portable or mobile LPG containers may be approved by the Fire
Code Official on a case by case basis.
16-20.040 - Amendments to Chapter 35 of the Fire Code; Cryogenic Fluids.
(a) Establishment of limits of districts in which the storage of stationary tanks of flammable
cryogenic fluids are to be prohibited.
The limits referred to in Section 3506.2 of said Fire Code, in which the storage of flammable
cryogenic fluids in stationary containers is prohibited, are established as all locations of the City
of Saratoga which are residential and congested commercial areas as determined by the Fire
Code Official.
16-20.050 - Amendments to Chapter 1, Division II of the Fire Code; Administration.
(a) Section 105.1.4 is added to read:
105.1.4 Construction permit fees. Construction permit fees and plan review fees for fire
hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa
Clara County Fire Department in accordance with the following table based on valuation. The
valuation shall be limited to the value of the system for which the permit is being issued. Plan
review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee
amount for each permit, the plan review fee shall be added to the Permit Fee.
Total Valuations Permit Fee
30
$1.00 TO $500.00 $23.50
$501.00 TO
$2,000.00
$23.50 for the first $500.00 plus $3.05
for each additional $100.00, or fraction
thereof, to and including $2,000.00
$2,001.00 TO
$25,000.00
$69.25 for the first $2,000.00 plus
$14.00 for each additional $1,000.00, or
fraction thereof, to and including
$25,000.00
$25,001.00 TO
$50,000.00
$391.25 for the first $25,000.00 plus
$10.01 for each additional $1,000.00, or
fraction thereof, to and including
$50,000.00
$50,001.00 TO
$100,000.00
$643.75 for the first $50,000.00 plus
$7.00 for each additional $1,000.00, or
fraction thereof, to and including
$100,000.00
$100,001.00 TO
$500,000.00
$993.75 for the first $100,000.00 plus
$5.60 for each additional $1,000.00, or
fraction thereof, to and including
$500,000.00
$500,001.00 TO
$1,000,000.00
$3,233.75 for the first $500,000.00 plus
$4.75 for each additional $1,000.00, or
fraction thereof, to and including
$1,000,000.00
$1,000,001.00 AND
UP
$5,608.75 for the first $1,000,000.00
plus $3.15 for each additional
$1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above,
are to be paid at $30.00 for each occurrence at the discretion of
the fire code official.
(b) Section 105.1.5 is added to read:
105.1.5 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County
Fire Department as follows:
Facility Type Permit Fee
1. Institutional
31
A. Over 50 persons $100.00 – Annually
B. More than 6 persons $75.00 – Annually
2. Day Care Facilities
More than 6 clients $35.00 – Annually
3. Places of Assembly
A. 50-300 persons $50.00 – Annually
B. Over 300 persons $85.00 – Annually
4. Temporary Membrane
Structures, Tents and
Canopies (Only those
requiring permits in
accordance with Section
105.6.43).
$85.00 – Each occurrence
(c) Section 105.6.8 is amended to read:
105.6.8 Compressed Gases. An operational permit is required for the storage, use or handling
at normal temperature and pressure (NPT) of compressed gases in excess of the amounts listed in
Table 105.6.8, to install any piped distribution system for compressed gases, or to install a non-
flammable medical gas manifold system. A permit is required to install, repair, abandon,
remove, place temporarily out of service, close or substantially modify a compressed gas system.
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the
vehicle.
2. Routine maintenance.
3. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
4. Inert and simple asphyxiants at or below the amounts listed in Table 105-A.
The permit applicant shall apply for approval to close storage, use or handling facilities at least
30 days prior to the termination of the storage, use or handling of compressed or liquefied gases.
Such application shall include any change or alteration of the facility closure plan. This 30-day
period may be waived by the chief if there are special circumstances requiring such waiver.
(d) Section 105.6.10 is amended to read:
105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on site,
use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or to
install a cryogenic vessel or piping system for the storage or distribution of cryogens.
32
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids
as a fuel for propelling the vehicle or for refrigerating the lading.
(e) Section 105.6.48 is added to read:
105.6.48 Day Care Facility. An operational permit is required to operate a business as a day
care facility for more than 6 people.
(f) Section 105.6.49 is added to read:
105.6.49 Institutional. A permit is required 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.
(g) Section 106.5 is added to read:
106.5 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 of such fire protection facilities and access ways
to the Building Department.
(h) Section 109.3 is amended to read:
109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a misdemeanor,
punishable by a fine of not more than $1,000 dollars or by imprisonment not exceeding 365 days,
or both such fine and imprisonment. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
109.3.1 Abatement of Violation. In addition to the imposition of the penalties herein
described, the fire code official is authorized to institute appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a
structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on
or about any premises.
109.3.2 Abatement of Hazard. (a) The maintenance of real property in violation of this
code, or of any order of the Fire Department pursuant hereto, is declared to be a public nuisance
and is subject to abatement in accordance with Article 3-15 of the Saratoga Municipal Code.
33
(b) Notwithstanding paragraph (a) of this Section, if real property is maintained in
violation of this code or any order of the Fire Department 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 Department 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
Department may simultaneously or successively, exercise any other rights and remedies provided
by law.
16-20.060 Amendments to Chapter 3 of the Fire Code: General Precautions against Fire.
(a) The following sections are deleted in their entirety: Section 311.5 Placards; Section
311.5.1 Placard Location; Section 311.5.2 Placard Size And Color; Section 311.5.3 Placard Date;
Section 311.5.4 Placard Symbols; and Section 311.5.5 Informational Use.
(b) Section 316.6 is added to read:
316.6 Roof Guardrails At Interior Courts. Roof openings into interior courts that are bounded
on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not
be less than 42 inches in height above the adjacent roof surface that can be walked on.
Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass
through.
Exception: Where the roof opening is greater than 600 square feet in area.
16-20.070 Amendments to Chapter 4 of the Fire Code: Emergency Planning and
Preparedness.
(a) Section 404.2 is amended to read:
404.2 Where Required. An approved fire safety and evacuation plan shall be prepared and
maintained for the following occupancies and buildings.
1. Group A buildings having an occupant load of 100 or more persons.
2. Group B buildings having an occupant load of 500 or more.
3. Group E: See §3.13 Title 19, CCR for regulations.
4. Group H.
5. Group I. See §3.09 Title 19, CCR for regulations.
6. Group R-1. See §3.09 Title 19, CCR for regulations.
7. Group R-2 college and university buildings.
8. Group R-4.
34
9. Group M buildings having an occupant load of 500 or more persons.
10. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area.
11. Underground buildings.
(b) Section 404.3.1 is amended to read:
404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following:
1. Emergency egress or escape routes and whether evacuation of the building is to be
complete or, where approved, by selected floors or areas only.
2. Description of what the fire alarm, if required, sounds and looks like (audible and visual
warning devices).
3. Procedures for employees who must remain to operate critical equipment before
evacuating.
4. Procedures for accounting for employees and occupants after evacuation has been
completed.
5. Identification and assignment of personnel responsible for rescue or emergency medical
aid.
6. The preferred and any alternative means of notifying occupants of a fire or emergency.
7. The preferred and any alternative means of reporting fires and other emergencies to the
fire department or designated emergency response organization.
8. Identification and assignment of personnel who can be contacted for further information
or explanation of duties under the plan.
9. A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where provided.
(c) Table 405.2 is amended to read:
TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR
OCCUPANCY FREQUENCY PARTICIPATION
Group A Quarterly Employees
Group B1 Annually Employees
Group E See §3.13 Title 19, CCR
Group I See §3.13 Title 19, CCR
Group R-1 See §3.13 Title 19, CCR
Group R-22 Four annually All occupants
Group R-4 Quarterly on each shift Employeesb
(d) SECTION 408 USE AND OCCUPANCY- RELATED REQUIREMENTS
35
(1) The following subsections are deleted in their entirety: Section 408.2.2; Section
408.3; Section 408.3.2; Section 408.3.3; Section 408.3.4; Section 408.5.1; Section 408.5.2;
Section 408.5.3; Section 408.5.4; Section 408.5.5; Section 408.6; Section 408.6.1; Section
408.6.2; Section 408.7; Section 408.7.1; Section 408.7.2; Section 408.7.3; Section 408.7.4;
Section 408.8; Section 408.8.1; Section 408.8.2; and Section 408.8.3.
(2) Section 408.9 is amended to read:
408.9 Group R-2 Occupancies. Group R-2 occupancies shall comply with the requirements of
Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and
university buildings shall comply with the requirements of Sections 408.9.1 through 408.9.6 and
Sections 401 through 406.
(3) Section 408.9.4 is amended to read:
408.9.4 First Emergency Evacuation Drill. The first emergency evacuation drill of each school
year shall be conducted within 10 days of the beginning of classes.
(4) Section 408.9.5 is amended to read:
408.9.5 Time of Day. Emergency evacuation drills shall be conducted at different hours of the
day or evening, during the changing of classes, when the school is at assembly, during the recess
or gymnastic periods, or during other times to avoid distinction between drills and actual fires.
In Group R2 college and university buildings, one required drill shall be held during hours after
sunset or before sunrise.
(5) The following subsections are deleted in their entirety: Section 408.10; Section
408.10.1; Section 408.10.2; Section 408.10.3; Section 408.10.4; and Section 408.10.5.
(e) Section 408.11.1.2 is amended to read:
408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to keep
them current.
16-20.080 Amendments to Chapter 5 of the Fire Code: Fire Service Features.
(a) Section 503.1. is amended to read:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.2 and as per Fire Department access road
Standards.
(b) Section 503.1.1 is amended to read:
503.1.1 Building and Facilities. Approved fire apparatus access roads shall be provided for
every facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this section
and shall extend within 150 feet (45,720 mm) of all portions of the exterior walls of the first
36
story of the building as measured by an approved route around the exterior of the building or
facility.
Exceptions:
1. When the building is equipped throughout with an approved automatic sprinkler installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the dimension may be increased to
300 feet.
2. When fire apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means of fire
protection shall be provided.
(c) Section 503.2.1 is amended to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6,
and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception: When there are not more than two Group R, Division 3, or Group U
occupancies, the access road width may be modified by the fire code official.
(d) Section 504.4 is added to read:
504.4 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to the building, are installed, such devices shall be approved by the fire code
official. All electrically powered access control devices shall be provided with an approved
means for deactivation or unlocking from a single location or otherwise approved by the fire
department.
Access control devices shall also comply with Chapter 10 Egress.
(e) Section 510.1 is amended to read:
510.1 Emergency responder radio coverage in buildings. All buildings shall have approved
radio coverage for emergency responders within the building based upon the existing coverage
levels of the public safety communications system of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public safety
communications system. Emergency responder radio coverage systems shall be installed in
accordance with Section 510 and Appendix J.
(f) Section 510.1.1 is added to read:
510.1.1 Obstruction by new buildings. When in the opinion of the fire code official, a new
structure obstructs the line of sight emergency radio communications to existing buildings or to
any other locations, the developer of the structure shall provide and install the radio
37
retransmission equipment necessary to restore communications capabilities. The equipment shall
be located in an approved space or area within the new structure.
16-20.090 Amendments to Chapter 6 of the Fire Code: Building Services and Systems.
(a) Section 605.11 is added to read:
605.11 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.
(b) Section 608.6.4 is added to read:
608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically
disengage the charging system.
16-20.100 Amendments to Chapter 8 of the Fire Code: Interior Finish, Decorative
Materials and Furnishings.
(a) Section 806.1.1 is amended to read:
806.1.1 Display inside buildings. The display of Christmas trees and other decorative vegetation
in new and existing buildings shall be in accordance with the California Code of Regulations,
Title 19, Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions: Deleted
16-20.110 Amendments to Chapter 9 of the Fire Code: Fire Protection Systems
(a) Section 903.2 is amended to read:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive.
For the purposes of this section, firewalls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without openings or
penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and
structures.
Exceptions:
a. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy
garages as regulated in Section 903.2.19) and structures that do not exceed 1,000 square feet of
building area and that are not located in the Wildland-Urban Interface Fire Area.
38
b. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy
garages as regulated in Section 903.2.19) and structures that are located in the Wildland-Urban
Interface Fire Area and do not exceed 500 square feet of building area.
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than 3,600 square
feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
3. An automatic sprinkler system shall be provided throughout all new basements regardless
of size and throughout existing basements that are expanded by more than 50%.
(b) Subsection 903.2.19 is added to the Fire Code to read as follows:
903.2.19 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of
motor vehicles shall be equipped with an automatic sprinkler 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.
The area of a garage shall include all contiguous areas 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 sprinkler system installed pursuant to this Section shall comply with the standards
set forth in National Fire Protection Association Document 13D.
39
All garage sprinkler 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 sprinkler 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 to 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.
(c) Section 903.1.1 is amended to read:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building
or portion thereof be equipped throughout with an automatic sprinkler system in accordance with
this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as
provided in Section 903.3.1.1.1 and local standards.
1. For new buildings having no designated use or tenant, the minimum sprinkler design
density shall be Ordinary Hazard Group 2.
(d) Section 903.3.1.2 is amended to read:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and
including four stories in height , automatic sprinkler systems shall be installed throughout in
accordance with NFPA 13R and local standards.
(e) Section 903.3.1.3 is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed
in one-and two-family dwellings and townhouses shall be installed throughout in accordance
with NFPA 13D and local standards.
(f) Section 912.2 is amended to read:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire
department connections shall be so located that fire apparatus and hose connected to supply the
system will not obstruct access to the building for other fire apparatus. The location of fire
department connections shall be approved by the fire code official.
40
16-20.120 Amendments to Chapter 14 of the Fire Code: Fire Safety During
Construction and Demolition.
(a) Section 1404.8 is added to read:
1404.8 Fire Walls. When firewalls are required, the wall construction shall be completed (with
all openings protected) immediately after the building is sufficiently weather-protected at the
location of the wall(s).
(b) Section 1411.1 is amended to read:
1411.1 Stairways Required. Each level above the first story in new multi-story buildings that
require two exit stairways shall be provided with at least two usable exit stairways after the floor
decking is installed. The stairways shall be continuous and discharge to grade level. Stairways
serving more than two floor levels shall be enclosed (with openings adequately protected) after
exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall
be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be
obstructed on not more than two contiguous floor levels for the purposes of stairway construction
(i.e., installation of gypsum board, painting, flooring, etc.).
(c) Section 1411.1.1 is added to read:
Section 1411.1.1 Required Means Of Egress. All new buildings under construction shall have
at least one unobstructed means of egress. All means of egress shall be identified in the prefire
plan see Section 1408.2.
16-20.130 Amendments to Chapter 18 of the Fire Code: Semiconductor Fabrication
Facilities.
(a) Amend the following definitions in Section 1802.1 to read:
Continuous Gas Detection System. An approved gas detection system where the analytical
instrument is maintained in continuous operation and sampling is performed without
interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30
minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system
(e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5 minutes.
The gas detection system shall be able to detect the presence of a gas at or below the permissible
exposure limit in occupiable areas and at or below ½ IDLH (or 0.05 LC 50 if no established
IDLH) in unoccupiable areas.
Delete Definition: Workstation.
41
16-20.140 Amendments to Chapter 19 of the Fire Code: Lumber Yards and Wood
Working Facilities.
(a) Section 1907.6 is added to read:
1907.6 Fire Protection Water Supply System. An approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for wood chip and hogged
material open storage yards and processing areas associated with timber and lumber production
facilities. Hydrant systems shall be installed in accordance with NFPA 24.
(b) Section 1908.11 is added to read:
1908.11 Fire Protection Water Supply System. An approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for open storage yards and
processing areas for wood chips, hogged materials, fines, compost and raw product associated
with yard waste and recycling facilities. Hydrant systems shall be installed in accordance with
NFPA 24.
16-20.150 Amendments to Chapter 27 of the Fire Code: Hazardous Materials-General
Provisions.
(a) Subsection 2703.9.11 is added to the Fire Code to read:
2703.9.11 Fire Extinguishing Systems for Workstations Dispensing, Handling or Using
Hazardous Materials. Combustible and non-combustible workstations, which dispense, handle
or use hazardous materials, shall be protected by an approved automatic fire extinguishing
system in accordance with Section 1803.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that
carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the
cabinet do not exceed 500 ml.
16-20.160 Amendments to Chapter 33 of the Fire Code: Explosives and Fireworks.
(a) Section 3301.1 is amended to read:
3301.1 Scope. For explosives requirements see California Code of Regulations, Title 19,
Division 1, Chapter 10 and section 3301.2 of this chapter. For fireworks requirements see
California Code of Regulations, Title 19, Division 1, Chapter 6 and section 3301.3 of this
chapter. For small arms ammunition, see Section 3301.5 of this chapter.
Exceptions:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
42
4. Items preempted by federal regulations.
(b) Section 3301.2 is added to read:
3301.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives
are prohibited.
(c) Section 3301.3 is added to read:
3301.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks,
including those fireworks classified as Safe and Sane by the California State Fire Marshal, are
prohibited.
Exceptions:
a. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture, television,
theatrical and group entertainment productions and when in accordance with Title 19 of the
California Code of Regulations.
b. Storage, handling and use of pyrotechnic special effects fireworks inside of
buildings when used for proximate audience displays or special effects in theatrical, television,
motion picture and group entertainment productions when in accordance with Title 19 of the
California Code of Regulations and when in buildings equipped throughout with an approved
fire sprinkler system.
(d) Section 3301.4 is added to read:
3301.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance with
Title 19 of the California Code of Regulations and as approved by the Fire Code Official.
(e) Sections 3301.5 through 3301.5.3.2.3 are added to read:
3301.5 Small Arms Ammunition-General. Indoor storage and display of black powder,
smokeless propellants and small arms ammunition shall comply with Sections 3301.5.1 through
3301.5.4.2.3.
3301.5.1 Packages. Smokeless propellants shall be stored in approved shipping
containers conforming to DOTn 49 CFR, Part 173.
3301.5.1.1 Repackaging. The bulk repackaging of smokeless
propellants, black powder and small arms primers shall not
be performed in retail establishments.
3301.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception: Approved repackaging of damaged containers of smokeless
propellant into containers of the same type and size as the original container.
43
3301.5.2 Storage in Group R occupancies. The storage of small arms ammunition in
Group R occupancies shall comply with Sections 3301.5.2.1 through 3301.5.2.3.
3301.5.2.1 Smokeless propellants. Smokeless propellants intended for personal
use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3
occupancies where kept in original containers. Smokeless powder in quantities exceeding 20
pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3
occupancies where kept in a wooden box or cabinet having walls of at least 1 inch (25 mm)
nominal thickness.
3301.5.2.2 Black powder. Black powder intended for personal use in quantities
not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept
in original containers and stored in a wooden box or cabinet having walls of at least 1 inch (25
mm) nominal thickness.
3301.5.2.3 Small arms primers. No more than 10,000 small arms primers shall
be stored in Group R-3 occupancies.
3301.5.3 Display and storage in Group M occupancies. The display and storage of
small arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.1 through
3301.5.3.2.3.
3301.5.3.1 Display. The display of small arms ammunition in Group M
occupancies shall comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3.
3301.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of
smokeless propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be
displayed in Group M occupancies.
3301.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black
powder shall be displayed in Group M occupancies.
3301.5.3.1.3 Small arms primers. No more than 10,000 small arms
primers shall be displayed in Group M occupancies.
3301.5.3.2 Storage. The storage of small arms ammunition in Group M
occupancies shall comply with Sections 3301.5.3.2.1 through 3301.5.3.2.3.
3301.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of
smokeless propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden
boxes having walls of at least 1 inch (25 mm) nominal thickness.
3301.5.3.2.2 Black powder. Commercial stocks of black powder not on
display shall not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine.
44
When black powder and smokeless propellants are stored together in the same magazine, the
total quantity shall not exceed that permitted for black powder.
3301.5.3.2.3 Small arms primers. Commercial stocks of small arms
primers not on display shall not exceed 750,000. Storage shall be arranged such that not more
than 100,000 small arms primers are stored in any one pile and piles are at least 15 feet (4572
mm) apart.
16-20.170 Amendments to Chapter 34 of the Fire Code: Flammable and Combustible
liquids.
(a) Section 3404.2.7.5.8 is amended to read:
3404.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section
3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage
tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 3406.4 or
3406.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 3404.2.9.7.6 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment
inside buildings.
Exception: Deleted
(b) Section 3404.2.7.5.9 is added to read:
3404.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire code
official, that sends an alarm signal to a constantly attended location and immediately stops the
filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and
records of such testing shall be maintained on-site for a period of five (5) years.
16-20.180 Amendments to Appendix Chapter 49 of the Fire Code: Requirements For
Wildland-Urban Interface Fire Areas.
(a) Section 4902, definition of Wildland-Urban Interface Fire Area, is amended to read:
Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “Fire
Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through
4204 and Government Code Sections 51175 through 51189, or other areas designated by the
enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable
referenced sections of the Government Code and the Public Resources Code. The Wildland-
Urban Interface Fire Area shall be defined as all areas within the City of Saratoga as set forth and
delineated on the map entitled "Wildland-Urban Interface Fire Area” which map and all
notations, references, data and other information shown thereon are hereby adopted and made a
part of this chapter. The map properly attested, shall be on file in the Office of the City Clerk of
the City of Saratoga.
45
(b) Section 4906.2 is amended to read:
4906.2 Application. Buildings and structures located in the following areas shall maintain the
required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban
Intereface Fire Area by the City of Saratoga.
(c) Section 4907.1 is amended to read:
4907.1 General. Defensible space will be maintained around all buildings and structures in Sate
Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe
Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 – 51189 and any local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the
locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire
Hazard Severity Zone and persons owning, leasing or controlling land adjacent to such buildings
or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or
structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire from the
native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when
required by the fire code official due to steepness of terrain or other conditions that would cause
a defensible space of only 30 feet (9144 mm) to be insufficient.
46
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground need not be
removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of
a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
(d) Section 4907.2 is added to read:
4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official to
give notice to the owner of the property upon which conditions regulated by Section 4907.1 exist
to correct such conditions. If the owner fails to correct such conditions, the executive body is
authorized to cause the same to be done and make the expense of such correction a lien upon the
property where such condition exists.
(e) Section 4908 is added to read:
4908.1 General. When required by the code official, a fire protection plan shall be
prepared.
4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions and fire history. The plan shall address water supply, access, building ignition and
fire-resistance factors, fire protection systems and equipment, defensible space and vegetation
management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code
official.
(f) Section 4909 is added to read:
SECTION 4909
ACCESS
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire apparatus
access in accordance with Chapter 5 and Section 4909.2.
4909.2 Driveways. Driveways in excess of 150 feet (45 720 mm) in length shall be provided
with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet
47
(6096 mm) in width shall be provided with turnouts in addition to turnarounds. An all-weather
surface shall be any surface material acceptable to the code official.
A driveway shall not serve in excess of two dwelling units.
Exception: When such driveways meet the requirements for an access road in
accordance with this chapter.
Driveway turnarounds shall be in accordance with Fire Department Standards. Driveways that
connect with a road or roads at more than one point may be considered as having a turnaround if
all changes of direction meet the radii requirements for driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30
feet (9144 mm) long. Driveway turnouts shall be located as required by the code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads.
Design loads for bridges shall be established by the code official.
(g) Section 4910 is added to read:
SECTION 4910
WATER SUPPLY
4910.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection
water supplies in accordance with Chapter 5 and Sections 4910.2 and 4910.3.
Exception: Buildings containing only private garages, carports, sheds and agricultural
buildings with a building area of not more than 500 square feet (56 m2).
4910.2 Clearance Of Fuel. Defensible space shall be provided around water tank structures,
water supply pumps and pump houses in accordance with Section 4907.
4910.3 Standby Power. Stationary water supply facilities within the wildland-urban interface
area dependent on electrical power to meet adequate water supply demands shall provide standby
power systems in accordance with the Electrical Code to ensure that an uninterrupted water
supply is maintained. The standby power source shall be capable of providing power for a
minimum of two hours.
Exceptions:
1. When approved by the code official, a standby power supply is not required
where the primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility
serves no more than one single-family dwelling.
(h) Section 4911 is added to read:
48
SECTION 4911
GENERAL REQUIREMENTS FOR SUPPRESSION AND CONTROL
4911.1 Scope. The provisions of this chapter establish general requirements applicable to new
and existing properties located within the Wildland-Urban Interface Fire Area.
4911.2 Clearance Of Brush Or Vegetative Growth From Roadways. The code official is
authorized to require areas within 10 feet (3048 mm) on each side of portions of fire apparatus
access roads and driveways to be cleared of non-fire-resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they
do not form a means of readily transmitting fire.
4911.3 Access Restrictions
4911.3.1 Restricted Entry To Public Lands. The code official is authorized to
determine and publicly announce when the Wildland-Urban Interface Fire Area shall be closed
to entry and when such areas shall again be opened to entry. Entry on and occupation of the
Wildland-Urban Interface Fire Area, except public roadways, inhabited areas or established trails
and campsites that have not been closed during such time when the wildland-urban interface area
is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within the Wildland-Urban Interface
Fire Area and their invitees and guests going to or being on their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized
public officers, members of a fire department and members of the Wildland Firefighting Service.
4911.3.2 Use Of Fire Roads And Defensible Space. Motorcycles, motor scooters and
motor vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads or
defensible space beyond the point where travel is restricted by a cable, gate or sign, without the
permission of the property owners. Vehicles shall not be parked in a manner that obstructs the
entrance to a fire road or defensible space.
Exception:
Public officers acting within their scope of duty. Radio and television aerials, guy wires
thereto, and other obstructions shall not be installed or maintained on fire roads or defensible
spaces, unless located 16 feet (4877 mm) or more above such fire road or defensible space.
4911.3.3 Use Of Motorcycles, Motor Scooters, Ultra light Aircraft And Motor
Vehicles. Motorcycles, motor scooters, ultra light aircraft and motor vehicles shall not be
operated within the Wildland-Urban Interface Fire Area, without a permit by the code official,
49
except on clearly established public or private roads. Permission from the property owner shall
be presented when requesting a permit.
4911.3.4 Tampering With Locks, Barricades, Signs And Address Markers. Locks,
barricades, seals, cables, signs and address markers installed within the Wildland-Urban
Interface Fire Area, by or under the control of the code official, shall not be tampered with,
mutilated, destroyed or removed.
Gates, doors, barriers and locks installed by or under the control of the code official shall not be
unlocked.
(i) Section 4912 is added to read:
SECTION 4912
IGNITION SOURCE CONTROL
4912.1 General. Ignition sources shall be in accordance with Section 4912.
4912.2 Clearance From Ignition Sources. Clearance between ignition sources and grass, brush
or other combustible materials shall be maintained a minimum of 30 feet (9144 mm).
4912.3 Smoking. When required by the code official, signs shall be posted stating NO
SMOKING. No person shall smoke within 15 feet (4572 mm) of combustible materials or non-
fire-resistive vegetation.
Exception:
Places of habitation or in the boundaries of established smoking areas or campsites as designated
by the code official.
4912.4 Equipment And Devices Generating Heat, Sparks Or Open Flames. Equipment and
devices generating heat, sparks or open flames capable of igniting nearby combustibles shall not
be used in the Wildland-Urban Interface Fire Area without a permit from the code official.
Exception:
Use of approved equipment in habitated premises or designated campsites that are a minimum of
30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.
4912.5 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface
Fire Area.
(j) Section 4913 is added to read:
SECTION 4913
OUTDOOR FIRES
50
4913.1 General. No person shall build, ignite or maintain any outdoor fire of any kind for any
purpose in or on any Wildland-Urban Interface Fire Area, except by the authority of a written
permit from the code official.
Exception:
Outdoor fires within inhabited premises or designated campsites where such fires are in a
permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum of 30 feet
(9144 mm) from any combustible material or non-fire-resistive vegetation.
4913.2 Permits. Permits outdoor fires shall incorporate such terms and conditions that will
reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or
maintained in Wildland Urban Interface Fire Areas under the following conditions:
1. When high winds are blowing,
2. When a person 17 years old or over is not present at all times to watch and tend
such fire, or
3. When a public announcement is made that open burning is prohibited.
4913.3 Restrictions. No person shall use a permanent barbecue, portable barbecue, outdoor
fireplace or grill for the disposal of rubbish, trash or combustible waste material.
4913.4 Outdoor Fireplaces, Permanent Barbecues And Grills. Outdoor fireplaces, permanent
barbecues and grills shall not be built, installed or maintained in the Wildland-Urban Interface
Fire Area without approval of the Building or Fire Code Official.
Outdoor fireplaces, permanent barbecues and grills shall be located a minimum of 30 feet (9144
mm) from any combustible material or non-fire-resistive vegetation and shall be maintained in
good repair and in a safe condition at all times. Openings in such appliances shall be provided
with an approved spark arrestor, screen or door. For the purposes of this section, ignition-
resistant material shall not be considered to be combustible material.
Exception:
When approved by the Building or Fire Code Official, unprotected openings in barbecues and
grills necessary for proper functioning.
(k) Section 4914 is added to read:
SECTION 4914
LIQUEFIED PETROLEUM GAS INSTALLATIONS
4914.1 Vegetation Clearance around Tanks/Containers. Flammable vegetation shall be
cleared a minimum of 30 feet around liquefied petroleum gas tanks/containers.
(l) Section 4915 is added to read:
51
SECTION 4915
STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS
4915.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible space shall
be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of
trees by a minimum horizontal distance of 15 feet (4572 mm).
4915.2 Storage For Off-Site Use. Firewood and combustible materials not for consumption on
the premises shall be stored as approved by the fire code official.
(m) Section 4916 is added to read:
SECTION 4916
DUMPING
4916.1 Waste Material. Waste material shall not be placed, deposited or dumped in the
Wildland-Urban Interface Fire Area, or in, on or along trails, roadways or highways or against
structures in the Wildland-Urban Interface Fire Area.
Exception:
Approved public and approved private dumping areas.
4916.2 Ashes And Coals. Ashes and coals shall not be placed, deposited or dumped in or on the
Wildland-Urban Interface Fire Area.
Exceptions:
1. In the hearth of an established fire pit, camp stove or fireplace.
2. In a noncombustible container with a tight fitting lid, which is kept or maintained
in a safe location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or structures.
3. Where such ashes or coals are buried and covered with 1 foot (305 mm) of
mineral earth not less than 25 feet (7620 mm) from non-fire-resistive vegetation or structures.
(n) Section 4917 is added to read:
SECTION 4917
PROTECTION OF PUMPS AND WATER STORAGE FACILITIES
4917.1 Clearance of Flammable Vegetation. Flammable vegetation shall be cleared a
minimum of 30 feet from water storage equipment and pumping facilities.
52
16-25.010 Adoption of California Plumbing Code.
Article 16-25 PLUMBING CODE
The 2010 California Plumbing Code (2009 Uniform Plumbing Code, as published by the
International Code Council), including Appendix Chapters A, B, D, I, K and L only,
hereinafter referred to as the “Plumbing Code,” is referred to and such Code is 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 (15) days prior to enactment of the
ordinance codified in this Article. While the ordinance codified in this Article is in force,
a true copy of the Plumbing Code shall be kept for public inspection in the office of the
Building Official. A reasonable supply of the Plumbing Code shall be available in the
office of the City Clerk for public purchase.
53
Article 16-30 MECHANICAL SYSTEMS
16-30.010 Adoption of California Mechanical Code.
The 2010 California Mechanical Code (2009 Uniform Mechanical Code as published by the
International Code Council) including all appendices, hereinafter referred to as the “Mechanical
Code,” is referred to and such Code is 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 Government Code Section 50022.6, at least one true copy of the
Mechanical Code has been on file with the City Clerk since fifteen (15) days prior to enactment
of the ordinance codified in this Article. While the ordinance codified in this Article is in force,
a true copy of the Mechanical Code shall be kept for public inspection in the office of the
Building Official. A reasonable supply of the Mechanical Code shall be available in the office of
the City Clerk for public purchase.
54
Article 16-35 ELECTRICAL CODE
16-35.010 Adoption of California Electrical Code.
The 2010 California Electrical Code (2008 National Electrical Code as published by the
International Code Council), hereinafter referred to as the “Electrical Code,” is referred to and
such code is 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 on file with the City Clerk since fifteen (15) days prior to enactment of the ordinance
codified in this Article. While the ordinance codified in this Article is in force, a true copy of the
Electrical Code shall be kept for public inspection in the office of the Building Official. A
reasonable supply of the Electrical Code shall be available in the office of the City Clerk for
public purchase.
55
16-49.010 Adoption of California Green Building Standards Code.
Article 16-49 GREEN BUILDING STANDARDS CODE
The 2010 California Green Building Standards Code (California Building Standards
Commission as published by the International Code Council), hereinafter referred to as the
“Green Building Standards Code,” is referred to and such code is adopted and made a part
hereof, the same as if fully set forth in this Article, and shall be the Green Building Standards
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 Green Building Standards Code has been on file
with the City Clerk since fifteen (15) days prior to enactment of the ordinance codified in this
Article. While the ordinance codified in this Article is in force, a true copy of the Green
Building Standards Code shall be kept for public inspection in the office of the Building Official.
A reasonable supply of the Green Building Standards Code shall be available in the office of the
City Clerk for public purchase.