HomeMy WebLinkAboutOrdinance 256ORDINANCE N0.256
AN ORDINANCE ADOPTING THE 2007 CALIFORNIA BUILDING, FIRE, PLUMBING,
ELECTRICAL, AND MECHANICAL CODES WITH MODIFICATIONS FOR LOCAL
CONDITIONS, A REPAIR AND RECONSTRUCTION CODE AND AN EXCAVATION
AND GRADING CODE.
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 2007 California Building Code (an
amended version of the 2006 edition of the International Building Code as
compiled and published by the International Code Council) hereinafter
referred to as the "Building Code"; the 2007 California Fire Code (an
amended version of the 2006 International Fire Code as compiled and
published by the International Code Council) hereinafter referred to as the
"Fire Code"; the 2007 California Plumbing Code (an amended version of
the 2006 Uniform Plumbing Code as compiled and published by the
International Association of Plumbing and Mechanical Officials)
hereinafter referred to as the "Plumbing Code"; the 2007 California
Mechanical Code (an amended version of the 2006 Uniform Mechanical
Code as published by the International Association of Plumbing and
Mechanical Officials) hereinafter referred to as the "Mechanical Code"; the
2007 California Electrical Code (an amended version of the 2005 National
Electrical Code as compiled and published by the National Fire Protection
Association) hereinafter referred to as the "Electrical Code." These Codes
are hereinafter referred to collectively as the "Building Codes."
B. On February 20, 2008, 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 March 19, 2008.
C. On February 21, 2008, pursuant to California Government Code Section
50022.6, at least one copy of the Building Codes, certified as true copies by
the legislative clerk, were filed with the legislative clerk for public
inspection.
D. On March 5 and March 12, 2008, 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 March 19, 2008 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 March 19, 2008, pursuant to California Government Code Section
50022.4, a public hearing was held. Following public testimony and
consideration of the staff report, testimony, and materials submitted prior to
and at the hearing, the City Council of Saratoga found adoption of the
Building Codes, with certain amendments, 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.
F. Additions, deletions, and amendments identical to those adopted in the City
of Saratoga's 2001 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 2001 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.
G. 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.
H. 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.
The California Building Standards Code (California Code of Regulations,
Title 24) does not provide for damaged structures to be repaired or
reconstructed to a structurally safe level, accounting for upgrades in wind
and seismic standards. The ability to repair structures based upon the most
recent industry knowledge is necessary to prevent or mitigate unnecessary
future damage or injury. Therefore the City Council of Saratoga deems it
reasonably necessary to adopt new modifications to the 2007 California
Building Code. These provisions shall hereinafter be referred to as the
"Repair and Reconstruction Code."
J. 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 2007
CA 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 2001 Building Regulations. These provisions shall hereinafter
be referred to as the "Excavation and Grading Code."
Section 2. Adoption.
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.
Article 16-16 of the Saratoga City Code concerning the Repair and
Reconstruction Code is hereby adopted as attached in Appendix A.
Article 16-17 of the Saratoga City Code concerning the Excavation and
Grading Code is hereby adopted as attached in Appendix A.
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.
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.
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.
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.
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 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.
The foregoing ordinance was introduced and read at the regular meeting of
the City Council of the City of Saratoga held on the 20h day of February 2008, and
was adopted by the following vote following a second reading on the 19~ day of
March, 2008:
COUNCIL MEMBERS:
AYES: Jill Hunter, Kathleen King, Aileen Kao
Vice Mayor Chuck Page, Mayor Ann Waltonsmith
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
s~ ~"'~°
Ann Waltonsmith
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
nn Sul Ivan
ACTING CITY CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
c~ _ ~~
RICHARD TAYLOR, CITY ATTORNEY
ATTACHMENT 1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2007 CALIFORNIA BUILDING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
Amended Explanation Findines
Sections of the
2007 CA
Buildin Code
108.4.3.1 Amends the 2007 CA Building The City of Saratoga is adjacent to active
Codes provisions for retention earthquake faults capable of producing substantial
of plans by the building seismic events. It is necessary for one set of plans to
official. be retained on the work site at all times so that
detailed inspections to ensure compliance with
seismic standards can be carried out. In addition,
this procedural provision is not a building standard
as defined in Health and Safety Code Sec. 18909
and therefore, according to Sec. 101.6 of the 2007
CA Building Code, shall not be construed as part of
the provisions of the 2007 CA Building Code.
Finally, this provision is identical to the provisions
of the 2001 Saratoga Building Code so no new
findin s are necess
108.4.1.1 Adds a new section regulating Given the City of Saratoga's adjacency to active
the expiration of building earthquake faults capable of producing substantial
permits. seismic events, building work must be completed in
a timely fashion to minimize the danger to the
public health, safety and welfare. In addition, this
procedural provision is not a building standard as
defined in Health and Safety Code Sec. 18909 and
therefore, according to Sec. 101.6 of the 2007 CA
Building Code, shall not be construed as part of the
provisions of the 2007 CA Building Code. Finally,
this provision is identical to the provisions of the
2001 Saratoga Building Code so no new findings
are necessa
108.4.2 Amends the 2007 CA Building The City of Saratoga may prescribe fees to defray
Code to make it clear the city the cost of enforcement of rules and regulations
can prescribe reasonable fees promulgated by the Department of Housing and
to defray the cost of Community Development under the terms of Sec.
regulation. Adds provisions 108.4.2 of the 2007 CA Building Code. These fees
for permit, investigation, plan will be set by the City Council of Saratoga to ensure
review, and other additional they are reasonably necessary given the cost of
fees. The provisions for plan regulation to the City. In addition, this procedural
review fees came from 16- provision is not a building standard as defined in
15.050 of the 2001 Saratoga Health and Safety Code Sec. 18909 and therefore,
Code which has been according to Sec. 101.6 of the 2007 CA Building
subsumed into 16-15.040 and Code, shall not be construed as art of the
125
deleted. The provisions for provisions of the 2007 CA Building Code.
investigation fees came from
16-15.060 of the 2001
Saratoga Code which has been
subsumed into 16-15.040 and
deleted.
202 Revises the definition of light- The City of Saratoga is adjacent to active
frame construction in the 2007 earthquake faults capable of producing substantial
CA Building Code. seismic events. Requiring that light-frame
construction not use structural concrete as a floor or
roof diaphragm is necessary to ensure safety in the
case of a seismic event. This provision is identical
to the provisions of the 2001 Saratoga Building
Code so no new findin s are necessa
903.2 Amends Subsection 903.2 of The City of Saratoga experiences low humidity,
903.3 the 2007 CA Building Code high winds and warm temperatures during the
915 regarding automatic sprinkler summer months creating conditions which are
systems in new buildings. particularly conducive to the ignition and spread of
Amends Subsection 903.3 grass, brush and structure fires. Additionally, the
concerning the design and remoteness and steepness of hillside areas in the
installation of automatic City along with long, narrow roadways significantly
sprinkler systems. Adds impacts the ability of emergency responders to
Section 915 for garage extinguish or control wildland or structure fires.
sprinklers. Therefore, in order to minimize the risks to persons
and property due to potential response delays and
compromised fire suppression capabilities,
mitigation measures such as automatic sprinkler
systems are necessary. The ability of automatic
sprinklers to get water on a fire early also reduces
the fire flow demand and the need for multiple
h drants.
1506.1.1 Anew subsection has been The City of Saratoga experiences low humidity,
added to the 2007 CA high winds and warm temperatures during the
Building Code to retain the summer months creating conditions which are
Saratoga Code's provisions for particularly conducive to the ignition and spread of
roof coverings. grass, brush and structure fires. Additionally, the
remoteness and steepness of hillside areas in the
City along with long, narrow roadways significantly
impacts the ability of emergency responders to
extinguish or control wildland or structure fires.
Therefore, in order to minimize the risks to persons
and property due to potential response delays and
compromised fire suppression capabilities,
mitigation measures such as the installation of fire-
retardant Class A roofing are necessary. This
provision is identical to the provisions of the 2001
Saratoga Building Code so no new findings are
necessa
1614 Anew Section 1614 is added No new findings are necessary to create a new
1614.1 to modify structural design section heading for 1614.
1614.1.1 and structure separation
1614.1.2 equations in the 2007 CA No new findings are necessary for subsection
Building Code. 1614.1 which simply clarifies that that "the text of
ASCE 7 shall be modified as indicated in this
126
Section."
The following findings are made for Subsection
1614.1.1: Results from the 75% Draft of ATC-63,
Quantification of Building System Performance and
Response Parameters, indicate that tall buildings
may fail at an unacceptably too low of a seismic
level unless that minimum base shear level is
increased to the value used in ASCE 7 - 02.
Adoption of the minimum base shear is appropriate
due to the recent research in PEER and the ATC-63
project. The conclusion suggested that the reduction
of the base shear in the previous code led to a trend
in which tall buildings had decreasing safety with
increasing height. This proposed modification
increases the minimum base shear level to minimize
the potential increased fire-life safety associated
with such a seismic failure of tall buildings. The
proposed amendment to the current ASCE 7 is very
well supported by the engineering community. Both
the Structural Engineers Association of Northern
California (SEAONC) and other structural
engineering organizations from the state level are in
support of adopting the revised minimum base
shear.
Findings for 1614.1.3: Section 12.12.3 of ASCE 7-
OS including Supplement No. 1 does not provide
requirements for separation distances between
adjacent buildings. Requirements for separation
distances between adjacent buildings, not
structurally connected, were included in previous
editions of the IBC and UBC. However, when
ASCE 7-OS was adopted by reference for IBC 2006,
these requirements were omitted. In addition, ASCE
7-OS defines (Sx in Section 12.8.6 to refer to the
deflection of Level x at the center of mass. The
actual displacement that needs to be used for
building separation is the displacement at critical
locations with consideration of both the
translational and torsional displacements. These
values can be significantly different.
This code change fills the gap of this inadvertent
oversight in establishing minimum separation
distance between adjoining buildings which are not
structurally connected. The purpose of seismic
separation is to permit adjoining buildings, or parts
thereof, to respond to earthquake ground motion
independently and thus preclude possible structural
and non-structural damage caused by pounding
between buildings or other structures.
References:
127
1. IBC 2000 Section 1620.3.6, Building
Separations; IBC 2003 Sections 1620.4.5, Building
Separations.
2. "Recommended Lateral Force Requirements and
Commentary, - Section C108.2.11, Building
Separations," Structural Engineers Association of
California, Sacramento, CA, 1999 Edition.
3. CBC 2002 (UBC 1997) Section 1630.9.2,
Determination of 4M; Section 1630.10.1, General;
and Section 1633.2.11, Building Separations.
NOTE: These references and the documents
referenced in the findings for subsections 1614.1.1
and 1614.1.3 are on file with the City of Saratoga's
Buildin De artment.
1704.4 Amends an exception to The provision in the 2007 CA Building Code that
special inspections for inspections are not necessary for concrete
concrete construction. construction fully supported on earth or rock is
amended to specify that the structural design of the
footing must be based on a specific compressive
strength no greater than 2500 psi. This is necessary
because of the City of Saratoga's adjacency to
active earthquake faults capable of producing
substantial seismic events.
1908.1 1908.1 simply notes that No findings are necessary for 1908.1 since it simply
1908.1.17 1908.1.17 now modifies the notes the addition of 1908.1.17.
text. 1908.1.17 is added
modifies the equations for The following findings are provided for 1908.1.17:
concrete used in structures. Section 14.8 was introduced in ACI 318-99 based
on requirements of the Uniform Building Code and
experimental research and on the basis that design
of slender wall must satisfy both strength and
serviceability requirements. ACI 318-OS provision
was found to grossly under-estimate service load
deflection. This update reduces the differences in
serviceability provisions. The revision will
essentially replace equations (14-8) and (14-9) with
two new equations to reflect the UBC procedure for
service load out-of--plane deflection. The proposed
revision will be included in ACI 318-08.
NOTE: The documents referenced in these findings
are on file with the City of Saratoga's Building
De artment.
1910A.1 The 2007 CA Building Code It is necessary to strengthen the standards for the
has been changed to retain the reinforcement of concrete slabs in the 2007 CA
more stringent provisions of Building Code because of the City of Saratoga's
the 2001 Saratoga Code's adjacency to active earthquake faults capable of
provisions for the producing substantial seismic events. This provision
reinforcement of concrete is identical to the provisions of the 2001 Saratoga
slabs. Buildin Code so no new findin s are necessa
2308.9.3 2308.9.3 is modified to chan e Surve of structural failures after the Loma Prieta
128
the provisions for braced wall earthquake of 1989 showed the gypsum board,
Table 2308.12.4 lines. Table 2308.12.4 is plaster and stucco finishes used for lateral force
modified to disallow the use of resistance preformed poorly or failed completely.
gypsum board, lath and Further, once used to resist lateral forces, it is nearly
plaster, Portland cement impossible without completely replacing the
plaster, and gypsum sheathing material to achieve the initial design load resistance
boards. in these materials. To minimize the potential for
increased fire-life safety problems associated with
such seismic failures, this proposed modification
increases the minimum acceptable shear resisting
elements to be used for lateral designs and
conventionally braced structures. Further, this
continues a trend in and amongst local Bay Area
jurisdictions that has been historically supported by
the en ineerin communit .
2505.1 Subsection 2505.1 concerning Survey of structural failures after the Loma Prieta
the use of gypsum board and earthquake of 1989 showed the gypsum board,
plaster is deleted. plaster and stucco finishes used for lateral force
resistance preformed poorly or failed completely.
Further, once used to resist lateral forces, it is nearly
impossible without completely replacing the
material to achieve the initial design load resistance
in these materials. To minimize the potential for
increased fire-life safety problems associated with
such seismic failures, this proposed modification
increases the minimum acceptable shear resisting
elements to be used for lateral designs and
conventionally braced structures. Further, this
continues a trend in and amongst local Bay Area
jurisdictions that has been historically supported by
the en ineerin communit .
129
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2007 CALIFORNIA FIRE CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
The following findings are for those amendments that are new or changed from those
currently adopted by the City of Saratoga and which affect a building standard as defined
in Health and Safety Code Section 18909 and Sections 101.6 and 101.8 of the 2007
California Fire Code. (The section numbers identified are from the 2007 California Fire
Code.) The findings for amendments made by the City of Saratoga during adoption of the
2001 Building Standards Code are attached to this Exhibit and readopted.
The amendments proposed for the City Saratoga to the 2007 California Fire Code are
those developed by the Santa Clara County Fire Marshals and endorsed by the Santa
Clara County Fire Chiefs Association. The following additions and deletions to the 2007
California Fire Code are hereby determined to be reasonably necessary based on the
circumstances described below:
605.11 -Immersion Heaters
608.6.3 -Failure of Ventilation System
903.2 -Where Fire Sprinklers Are Required
903.2 -Deletion of Exception # 1
903.3 -Fire Sprinkler Installation requirements
1404.8 -Fire Walls
1411.1 -Stairways Required
1802 -Amended definition of Continuous Gas Detection System
1907.6 -Fire Protection Water Supply System
1908.11 -Fire Protection Water Supply System
2703.9.10 -Fire Extinguishing Systems for Workstations Dispensing, Handling or Using
Hazardous Materials
3404.2.7.5.8 -Overfill Prevention
3404.2.7.5.9 -Automatic Filling of Tanks
These changes are reasonably necessary because of the following local climatic,
geological, or topographical conditions
C 1 imat is/Topographical
The City of Saratoga experiences low humidity, high winds and warm temperatures
during the summer months creating conditions which are particularly conducive to the
ignition and spread of grass, brush and structure fires. Additionally, the remoteness and
6
130
steepness of hillside areas in the City along with long, narrow roadways significantly
impacts the ability of emergency responders to extinguish or control wildland or structure
fires.
Therefore, in order to minimize the risks to persons and property due to potential
response delays and compromised fire suppression capabilities, mitigation measures are
necessary such as but not limited to; automatic fire suppression systems, controls for
hazardous materials, safety provisions in buildings for firefighters and additional fire
hydrants.
Geological
The City of Saratoga is situated adjacent to active earthquake faults capable of producing
substantial seismic events. Should a significant seismic event occur, uncontrolled
hazardous materials releases and fires could pose the greatest threat to the largest number
of people. Since the City is divided by a freeway and highway, a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should one or
more roadways be blocked or damaged due to bridge collapse or debris from falling
structures. Additionally, fire suppression capabilities will be severely limited should the
water system be extensively damaged during the seismic event.
131
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2007 CALIFORNIA MECHANICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2007 California Mechanical Code is being adopted
without modification.
132
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2007 CALIFORNIA ELECTRICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2007 California Electrical Code is being adopted
without modification.
133
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2007 CALIFORNIA PLUMBING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2007 California Plumbing Code is being adopted
without modification.
to
134
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2007 CALIFORNIA BUILDING CODE
MADE IN ARTICLE 16-16 ("REPAIR AND RECONSTRUCTION") OF THE
CITY CODE OF THE CITYOF SARATOGA
Addition owe znition of "Substantial Structural Damage " to Section 3402.1 o the 2007
CA Building Code and addition of a new Subsection 3403.5 to Section 3403 of the 2007
CA Building Code
The City of Saratoga is adjacent to active earthquake faults capable of producing
substantial seismic events. The city experiences low humidity, high winds and warm
temperatures during the summer months creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structure fires. The landscape of
Saratoga also includes steep slopes susceptible to erosion, especially during the rainy
season.
It is predictable given these geographical, climatic and topographical conditions that
damage will occur to structures in the city on a regular basis. These damaged structures
will often need to be repaired or rebuilt. Currently, Title 24 does not provide for damaged
structures to be repaired or reconstructed to a structurally safe level, accounting for
upgrades in wind and seismic standards.
The inability to repair structures based upon the most recent industry knowledge, and thus
to prevent or mitigate future damage or injury, is not in the best interest of the citizens of
the City of Saratoga. The following additions to the CA Building Code have been drafted
with this in mind. These additions will ensure building owners in the City of Saratoga
repair their structures to reasonably safe levels based upon current industry standards and
prevent future losses.
ii
135
•
APPENDIX A
Article 16-15 BUILDING CODE
16-15.010 Adoption of 2007 California Building Code.
The 2007 California Building Code (2006 edition of the. International Building
Code as compiled and published by the International Code Council and amended
by the State of California), including appendix Chapter 1 only, 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 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. In accordance with California Government Code Section 50022.6, at
a 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.
16-15.020 Additions, deletions and amendments.
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.
16-15.025 Retention of Plans.
Subsection 108.4.3.1 of the Building Code is amended to read as follows:
108.4.3.1. Retention of Plans. One set of reviewed plans and specifications shall
be returned to the applicant and shall be kept on the site of the building or work at
all times during which the work authorized thereby is in progress. One set of
reviewed plans, specifications and computations shall be retained by the building
official as part of his permanent records.
182
•
16-15.030 Expiration of Permits.
Subsection 108.4.1.1 of the Building Code is added to read as follows:
108.4.1.1 Expiration of Permits.
(a) Every permit issued by the building official under the provisions of the
Uniform 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 109 of Appendix Chapter 1 of the Uniform 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.
183
(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).
(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 bf 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 1 ~0 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 Uniform 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
184
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
Subsection 108.4.2 of the Building Code is amended to read as follows:
108.4.2 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 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. See CBC 107.4 "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
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185
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.
16-15.050 Definition of Light-Frame Construction.
The definition of light frame construction in Section 202 of the Building Code is
amended to read as follows:
LIGHT-FRAME CONSTRUCTION. A type of construction whose vertical and
horizontal structural elements are primarily formed by a system of repetitive wood
or light gage steel framing members, and which does not use structural concrete as
a floor or roof diaphragm.
16-15.060 General Building Heights and Areas.
Subsection 501.2 of the Building Code is amended to read as follows:
501.2 Address Numbers. Existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Address numbers shall be Arabic
numbers or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm). Address numbers shall
be illuminated in all new buildings. The Building Official may grant exceptions to
this requirement due to location, surroundings or topography as appropriate.
16-15.070 Fire Protection Systems
Modifications made in Section 16-20.100 of the Saratoga Municipal Code also
apply to and amend Chapter 9 ("Fire Protection Systems") of the Building Code.
186
•
•
16-15.080 Roof Covering
Subsection 1506.1.1 of the Building Code is added to read as follows:
1506.1.1 Roof Covering. Roofs shall be as specified in this code and as otherwise
required by this chapter.
The foregoing provisions notwithstanding, roof coverings on all buildings and
structures hereafter erected or constructed in the City, shall be fire-retardant, and
shall comply with the standards established for Class A roofing. All replacement
roofs for existing buildings and structures shall comply with this requirement,
except that a replacement of less than 10 percent of the total roof area shall be
exempt.
16-15.085 Structural Design
Section 1614 is added to the Building Code to read as follows:
Section 1614
Modification to ASCE 7
(a) 1614.1 General. The text of ASCE 7 shall be modified as indicated in this
Section.
(b) 1614.1.1 Modify ASCE 7 Section 12.8.1.1 by amending Equation 12.8-5 as
follows:
CS = 0.044 SDSI > 0.01 (Equation 12.8-5)
:~
(c) 1614.1.2 Replace ASCE 7 Section 12.12.3 as follows:
12.12.3 Minimum Building Separation. All structures shall be separated from
adjoining structures. Separations shall allow for the maximum inelastic response
displacement (0M). DM shall be determined at critical locations with consideration
for both translational and torsional displacements of the structure as follows:
OM - Cdsmax (Equation 16-45)
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187
Where BmaX is the calculated maximum displacement at Level x as defined in
ASCE 7 Section 12.8.4.3.
Adjacent buildings on the same property shall be separated by at least a distance
OMT, where
OMT = (~Ml)z +(OMZ)z (Equation 16-46)
And OMB and OMZ are the maximum inelastic response displacements of the
adjacent buildings. '
Where a structure adjoins a property line not common to a public way, the
structure shall also be set back from the property line by at least the displacement,
OM of that structure.
Exception: Smaller separations or property line setbacks shall be permitted
when justified by rational analysis.
16-15.086 Structural Tests and Special Inspections
Exception 1 in Subsection 1704.4 of the Building Code is amended to read as
follows:
1. Isolated spread concrete footings of buildings three stories or less in height that
are fully supported on earth or rock where the structural design of the footing is
based on a specific compressive strength no greater than 2500 psi.
16-15.087 Concrete
(a) Subsection 1908.1 of the Building Code is amended to read as follows:
1908.1 General. The text of ACI 318 shall be modified as indicated in Sections
1908.1.1 through 1908.1.17.
(b) Subsection 1908.1.17 of the Building Code is added to read as follows:
1908.1.17 Modify ACI 318 Section 14.8.3 and 14.8.4 by replacing equations (14-
7), (14-8) and (14-9).
• 1. Modify equation (14-7) of ACI 318 Section 14.8.3 as follows:
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188
I~r shall be calculated by Equation (14-7), and Ma shall be obtained by
iteration of deflections.
Icr . ES AS + Pn h (d - c)z + l„ ~c3 (14-7)
Ec fy 2d 3
and the value ES/E~ shall not be taken less than 6.
2. Modify ACI 318 Section 14.8.4 as follows:
14.8.4 -Maximum out-of--plane deflection, 0S ,due to service loads,
including PD effects, shall not exceed I~/150
If Ma, maximum moment at mid-height of wall due to service lateral and.
eccentric loads, including PD effects, exceed (2/3)M~r, DS shall be calculated
by Equation (14-8):
2 Mo ~ Mcr 2
~s ~ ~cr + - ~ C~n ~ ~cr J (14-8)
• Mn ~ Mcr
If Ma does not exceed (2/3)M~r, 0S shall be calculated by Equation (14-9):
cr
where:
z
_ SM~rI~
~`r 48E~Ig
~ _ SMnl~z
n 48E~I~r
16-15.090 Concrete Slabs.
Subsection 1910.1 of the Building Code is amended to read as follows:
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189
•
1910.1 General. The thickness of concrete slabs supported directly on the ground
shall not be less than 3 1/2 inches (89 mm). The slab shall be reinforced with not
less than six inches ten-gauge wire mesh or an approved alternate installed at mid
height of the slab. A 6-mil (.006 inch; .15 mm) polyethylene vapor retarder with
joints lapped not less than 6 inches (152 mm) shall be placed between the base
course or subgrade and the concrete floor slab, or other approved equivalent
methods or materials shall be used to retard vapor transmission through the floor
slab.
Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet
(6.5 m2) and carports attached to occupancies in Group R-3.
3. For buildings of other occupancies where migration of moisture through
the slab from below will not be detrimental to the intended occupancy
of the building.
4. For driveways, walks, patios and other flatwork which will not be ,
enclosed at a later date.
5. Where approved based on local site conditions.
16-15.095 Conventional Light-Frame Construction.
(a) Subsection 2308.9.3 of the Building Code is amended to read as follows:
2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels, which
meet the requirements for location, type and amount of bracing as shown in Figure
2308.9.3, specified in Table 2308.9.3(1) and are in line or offset from each other
by not more than 4 feet (1219 mm). Braced wall panels shall start not more than
12.5 feet (3810 mm) from each end of a braced wall line. Braced wall panels shall
be clearly indicated on the plans. Construction of braced wall panels shall be by
one of the following methods:
1. Wood boards of 5/8-inch (16 mm) net minimum thickness applied
diagonally on studs spaced not over 24 inches (610 mm) on center.
•
9
190
'. 2. Wood structural panel sheathing with a thickness not less than 5/16-
inch (7.9 mm) for 16-inch (406 mm) stud spacing and not less than
3/8-inch (9.5 mm) for 24-inch (610 mm) stud spacing in accordance
with Tables 2308.9.3(2) and 2308.9.3(3).
3. Fiberboard sheathing 4-foot by 8-foot (1219 mm by 2438 mm)
panels not less than '/z-inch (13 mm) thick applied vertically on studs
spaced not over 16-inches (406 mm) on center when installed in
accordance with Section 2306.4.4 and Table 2306.4.4.
4. Particleboard wall sheathing panels where installed in accordance
with 2308.9.3(4).
5. Hardboard panel siding when installed in accordance with Section
2303.1.6 and Table 2309.9.3(5).
For cripple wall bracing see Section 2308.9.4.
For methods 1, 2, 3, 4, and 5, each braced wall panel must be at least 48-
inches (1219 mm) in length, covering three stud spaces where studs are 16-inches
(406 mm) apart and covering two stud spaces where studs are spaced 24-inches
. (610 mm) apart.
All vertical joints of panel sheathing shall occur over studs. Horizontal
joints shall occur over blocking equal in size to the studding except where waived
by the instillation requirements for the specific sheathing materials.
Braced wall panel sole plates shall be nailed to the floor framing and top
plates shall be connected to the framing above in accordance with Table 2304.9.1.
Sills shall be bolted to the foundation or slab in accordance with Section 1805.6.
Where joists are perpendicular to braced wall lines above, blocking shall be
provided under and n line with the braced wall panels.
(b) Table 2308.12.4 of the Building Code is amended as follows:
In footnotes "b" and "c" of Table 2308.12.4 all references to "gypsum board,"
"lath and plaster." "Portland cement plaster" and "gypsum sheathing boards" are
deleted.
16-15.100 Gypsum Board and Plaster
Subsection 2505.1 of the Building Code is deleted.
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191
Article 16-16 REPAIR AND RECONSTRUCTION
16-16.0'10 Repair and Reconstruction of Damaged Structures
This Article establishes amendments to the Building Code for the expeditious
repair of damaged structures. In the event an amendment to the California
Building Standards Code results in differences between these building standards
and the California Building Standards 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 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.
16-16.020 Definitions
For the purposes of this Chapter, the following definition applies and is hereby
added to Section 3402.1 Definitions of the Building Code:
• Substantial Structural Damage. A condition where:
1. In any story, the vertical elements of the lateral-force-resisting system, have
suffered damage such that the lateral load-carrying capacity of the structure in any
direction has been reduced by more than 20 percent from its pre-damaged
condition, or
2. The capacity of any vertical gravity load-carrying component, or any group of
such components, that supports more than 30 percent of the total area of the
structure's floor(s) and roof(s) has been reduced more than 20 percent from its
pre-damaged condition, and the remaining. capacity of such affected elements with
respect to all dead and live loads is less than 75 percent of that required by the
building code for new buildings of similar structure, purpose, and location.
16-16.030 Repairs
For the purposes of this chapter, the following repair requirements are hereby
added as a new Subsection 3403.5 to Section 3403 Additions, Alterations or
Repair in the 2007 California Building Code (CBC):
3403.5.1 Repairs. Repairs of structural elements shall comply with this section.
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3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design
of an existing building and its components shall be based on the following
criteria.
3403.5.1.1.1 Evaluation and design procedures. The seismic
evaluation and design shall be based on the procedures specified in
the building code, ASCE 31 Seismic Evaluation of Existing
Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation
of Existing Buildings. The procedures contained in Appendix A of
the International Existing Building Code shall be permitted to be
used as specified in Section 3403.5.1.1.3.
3403.5.1.1.2 CBC level seismic forces. When seismic forces are
required to meet the building code level, they shall be one of the
following:
1. 100 percent of the values in the building code. The R factor used
for analysis in accordance with Chapter 16 of the building code shall
be the R factor specified for structural systems classified as
"Ordinary" unless it can be demonstrated that the structural system
satisfies the proportioning and detailing requirements for systems
classified as "Intermediate" or "Special."
2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard
Levels defined in ASCE 41. Where ASCE 41 is used, the
corresponding performance levels shall be those shown in Table
3403.5.1.1.2.
TABLE 3403.5.1.1.2
ASCE 41 and ASCE 31 PERFORMANCE LEVELS
•
OCCUPANCY PERFORMANCE PERFORMANCE
CATEGORY LEVEL LEVEL FOR
(BASED ON IBC FOR USE WITH USE WITH ASCE 41
TABLE 1604.5) ASCE 31 BSE-2
AND WITH ASCE 41 EARTHQUAKE
BSE-1 EARTHQUAKE HAZARD LEVEL
HAZARD LEVEL
I Life Safety (LS) Collapse Prevention
CP
II Life Safety (LS) Collapse Prevention
CP
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•
III Note (a) Note (a)
IV Immediate Occupancy
IO Life Safety (LS)
a. Performance Levels for Occupancy Category III shall be taken as ha~ay
between the performance levels specified for Occupancy Category II and
Occupancy Category IV.
3403.5.1.1.3 Reduced CBC level seismic forces. When seismic
forces are permitted to meet reduced building code levels, they shall
be one of the following:
1.75 percent of the forces prescribed in the building code. The R
factor used for analysis in accordance with Chapter 16 of the
building code shall be the R factor as specified in Section
3403.5.1.1.2.
2. In accordance with the applicable chapters in Appendix A of the
International Existing Building Code as specified in Items 2.1
through 2.5 below. Structures or portions of structures that comply
with the requirements of the applicable chapter in Appendix A shall
be deemed to comply with the requirements for reduced building
code force levels.
2.1. The seismic evaluation and design of unreinforced
masonry bearing wall buildings in Occupancy Category I or II
are permitted to be based on the procedures specified in
Appendix Chapter A 1.
2.2. Seismic evaluation and design of the wall anchorage
system in reinforced concrete and reinforced masonry wall
buildings with flexible diaphragms in Occupancy Category I
or II are permitted to be based on the procedures specified in
Appendix Chapter A2.
2.3. Seismic evaluation and design of cripple walls and sill
plate anchorage in residential buildings of light-frame wood
construction in Occupancy Category I or II are permitted to
be based on the procedures specified in Appendix Chapter
A3.
2.4. Seismic evaluation and design of soft, weak, or open-
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194
front wall conditions in multiunit residential buildings of
wood construction in Occupancy Category I or II are
permitted to be based on the procedures specified in
Appendix Chapter A4.
2.5. Seismic evaluation and design of concrete buildings and
concrete with masonry infill buildings in all Occupancy
Categories are permitted to be based on the procedures
specified in Appendix Chapter A5.
3. In accordance with ASCE 31 based on the applicable performance
level as shown in Table 3403.5.1.1.2.
4. Those associated with the BSE-1 Earthquake Hazard Level
defined in ASCE 41 and the performance level as shown in Table
3403.5.1.1.2. Where ASCE 41 is used, the design spectral response
acceleration parameters Sxs and Sxl shall not be taken less than 75
percent of the respective design spectral response acceleration
parameters SDS and SD 1 defined by the International Building
Code and its reference standards.
3403.5.1.2 Wind Design. Wind design of existing buildings shall be based
on the procedures specified in the building code. ,
3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shad
comply with this section.
3403.5.2.1 Unsafe conditions. Regardless of the extent of structural
damage, unsafe conditions shall be eliminated.
3403.5.2.2 Substantial structural damage to vertical elements of the
lateral-force-resisting system. A building that has sustained substantial
structural damage to the vertical elements of its lateral-force-resisting
system shall be evaluated and repaired in accordance with the applicable
provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3.
3403.5.2.2.1 Evaluation. The building shall be evaluated by a
registered design professional, and the evaluation findings shall be
submitted to the code official. The evaluation shall establish whether
the damaged building, if repaired to its pre-damage state, would
comply with the provisions of the building code. Wind forces for
this evaluation shall be those prescribed in the building code.
Seismic forces for this evaluation are permitted to be the reduced
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195
• level seismic forces specified in Code Section 3403.5.1.1.3.
3403.5.2.2.2 Extent of repair for compliant buildings. If the
evaluation establishes compliance of the pre-damage building in
accordance with Section 3403.5.2.2.1, then repairs shall be permitted
that restore the building to its pre-damage state, using materials and
strengths that existed prior to the damage.
3403.5.2.2.3 Extent of repair for non-compliant buildings. If the
evaluation does not establish compliance of the pre-damage building
in accordance with Section 3403.5.2.2.1, then the building shall be
rehabilitated to comply with applicable provisions of the building
code for load combinations including wind or seismic forces. The
wind design level for the repair shall be as required by the building
code in effect at the time of original construction unless the damage
was caused by wind, 'in which case the design level shall be as
required by the code in effect at the time of original construction or
as'required by the building code, whichever is greater. Seismic
forces for this rehabilitation design shall be those required for the
design of the predamaged building, but not less than the reduced
level seismic forces specified in Section 3403.5.1.1.3. New structural
• members and connections required by this rehabilitation design shall
comply with the detailing provisions of the building code for new
buildings of similar structure, purpose, and location.
3403.5.2.3 Substantial structural damage to vertical load-carrying
components. Vertical load-carrying components that have sustained
substantial structural damage shall be rehabilitated to comply with the
applicable provisions for dead and live loads in the building code.
Undamaged vertical load-carrying components that receive dead or live
loads from rehabilitated components shall also be rehabilitated to carry the
design loads of the rehabilitation design. New structural members and
connections required by this rehabilitation design shall comply with the
detailing provisions of the building code for new buildings of similar
structure, purpose, and location.
3403.5.2.3.1 Lateral force-resisting elements. Regardless of the
level of damage to vertical elements of the lateral force-resisting
system, if substantial structural damage to vertical load-carrying
components was caused primarily by wind or seismic effects, then
the building shall be evaluated in accordance with Section
3403.5.2.2.1 and, ifnon-compliant, rehabilitated in accordance with
• Section 3403.5.2.2.3.
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3403.5.2.4
Less than substantial structural damage. For damage less
than substantial structural damage, repairs shall be allowed that restore the
building to its pre-damage state, using materials and strengths that existed
prior to the damage. New structural members and connections used for this
repair shall comply with the detailing provisions of the building code for
new buildings of similar structure, purpose, and location.
3403.5.3 Referenced Standards
Standard Referenced
Reference In Code
Number Title .Section Number
ASCE 31-03 Seismic Evaluation of Existing Buildings 3403.5.1.1.1,
TABLE 3403.5.1.1.2,
3403.5.1.1.3
ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1,
3403.5.1.1.2,
TABLE 3403.5.1.1.2,
3403.5.1.1.3
•
•
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Article 16-17 EXCAVATION AND GRADING
16-17.010 Purpose.
The purpose of this Article is to safeguard life, limb, property and the public
welfare by regulating grading on private property.
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.
(b) The standards listed below are recognized standards (see Chapter 35 of the
2007 California Building Code (2006 edition of the International Building Code as
compiled and published by the International Code Council and amended by the
State of California)).
• 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.
•
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198
(b) Exempted Work. A grading perrrxit 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 properly.
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 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 1'/z 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
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
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199
i 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
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.
"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.
19
Zoo
« »•
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.
"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 supe~cial 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.
n
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201
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 Appendix Chapter 1 of the
2007 California Building Code (2006 edition of the International Building Code as
compiled and published by the International Code Council and amended by the
State of California) 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 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.
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3. The fans shall in 1
p c ude 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, maybe
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 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.
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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 1802.4 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 Appendix Chapter 1 are
applicable to grading permits. The building official may require that grading
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i operations and 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
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
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and specifications. Each bond shall ensure that the permittee shall comply with all
the provisions of this Code and all other applicable laws and ordinances, that he
will comply with all the terms and conditions of the permit to the satisfaction of
the building official and that he will complete the work within the time limits as
specified in the permit. In the event of any failure to complete the work or failure
to comply with all the conditions and terms of the permit, the building official may
order the work required by the permit to be completed to his satisfaction, and the
surety shall continue to be firmly bound under a continuing obligation for the
payment of all necessary costs and expenses that may be incurred or expended by
the City in causing all such work to be done, including engineering fees and
attorney's fees.
16-17.090 Cuts
(a) General. Unless otherwise recbmmended 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
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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:
1. Prior to issuance of the grading permit, potential rock disposal area shall
be delineated on the grading plan.
2. Rock sizes reater than 12 inches 305 mm in maximum dimension
g ( )
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.
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20~
(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
(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.
n
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2os
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 pr2vented 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 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,
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whether natural or artificial, may be xequired 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 ro '
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
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(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
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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 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
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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.
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 athirty-five foot setback have no
conditions placed on their construction.
2. Driveways to structures with more than athirty-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 adouble-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
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213
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 athirty-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, 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
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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 m~ty 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 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.
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Article 16-20 FIRE CODE
16-20.010 Adoption of the California Fire Code and International
Fire Code.
The 2007 California Fire Code and the 2006 International Fire Code,
including Appendix Chapters 1, 4, B and C are hereby referred to and,
except as to additions, deletions and amendments hereinafter noted, are
hereby 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 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. 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 (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 Fire Code shall be kept for public
inspection in the office of the City Building Official and the Chief. A
reasonable supply of the Building Code shall be available in the office of the
City Clerk for public purchase.
16-20.015 Fire Department and Chief.
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.
16-20.020 Amendments to Chapter 2 of the Fire Code: Definitions.
(a) The definition of "workstation" in Section 202 of the Fire Code is
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amended to read as follows:
WORKSTATION. A defined space or independent principal piece
of equipment using hazardous materials where a specific function,
laboratory procedure or research activity occurs. Approved or listed
hazardous materials storage cabinets, flammable liquid storage cabinets or
gas cabinets serving a workstation are included as part of the workstation.
A workstation is allowed to contain ventilation equipment, fire protection
devices, electrical devices, and other processing and scientific equipment.
16-20.030 Amendments to Chapter 34 of the Fire Code: 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 3404.2.9.5.1 of said Fire Code,
in which the storage of flammable or combustible liquids in
aboveground tanks is prohibited are hereby established as all 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 hereby established as all locations of the City of Saratoga
that are residential or other locations as determined by the fire code official.
16-20.040 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 hereby established
as all locations within the City of Saratoga that are residential or congested
commercial areas.
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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.
16-20.050 Amendments to Chapter 32 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 3204.3.1.1 of said Fire Code in
which the storage of flammable cryogenic fluids in stationary containers is
prohibited are hereby established as all locations of the City of Saratoga
which are residential and congested commercial areas as determined by the
fire code official.
•
16-20.060 Amendments to Chapter 3 of the Fire Code: General Precautions
against Fire.
(a) Subsection 311.5 of the Fire Code concerning the placement of
placards on buildings determined to be unsafe is deleted in its entirety.
16-20.070 Amendments to Chapter 4 of the Fire Code: Emergency
Planning and Preparedness.
(a) Subsection 404.2 of the Fire Code is amended to read as follows:
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 persons.
3. Group E: See §3.13 Title 19, CCR for regulations.
4. Group H.
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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 M buildings having an occupant load of 500 or more persons.
9. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate
floor area.
10. Underground buildings.
(b) Subsection 404.3.1 of the Fire Code is amended to read as follows:
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 of the Fire Code is amended to read as follows:
•
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TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR
OCCUPANCY FREQUENCY PARTICIPATION
Group A Quarterly Employees
Group Ba Annually Employees
Group E See §3.09 Title 19, CCR
Group I See §3.09 Title 19, CCR '
Group R-1 See §3.09 Title 19, CCR '
Group R-2b Four annually All occupants
High-rise buildings° See §3.09 Title 19, CCR
a. Group B buildings having an occupant load of 500 or more persons.
b. Applicable to Group R-2 college and university buildings.
c. Applicable to high-rise office buildings only.
(d) The following subsections of Section 408 of the Fire Code are
deleted in their entirety:
• Subsections 408.2.2 Announcements; 408.3.1 First Emergency
Evacuation Drill; 408.3.2 Emergency Evacuation Drill Deferral; 408.3.3
Time Of Day; 408.3.4 Assembly Points; 408.5.1 Fire Safety and ':
Evacuation Plan; 408.5.2 Staff Training; 408.5.3 Resident Training; 408.5.4
Drill Frequency; 408.5.5 Resident Participation; 408.6 Group I-2
Occupancies; 408.6.1 Evacuation Not Required; 408.6.2 Coded Alarm
Signal; 408.7 Group I-3 Occupancies; 408.7.1 Employee Training; 408.7.2
Staffing; 408.7.3 Notification; 408.8 Group R-1 Occupancies; 408.8.2
Emergency Duties; 408.8.3 Fire Safety and Evacuation Instructions.
(e) Subsection 408.9 of the Fire Code is amended to read as follows:
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.
(f) Subsection 408.9.4 is added to the Fire Code to read as follows:
• 408.9.4 First Emergency Evacuation Drill. The first emergency
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evacuation drill of each school year shall be conducted within 10 days of
the beginning of classes.
(g) Subsection 408.9.5 is added to the Fire Code to read as follows:
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 R-2 college and university buildings, one required drill
shall be held during hours after sunset or before sunrise.
(h) Subsection 408.10 of the Fire Code is deleted in its entirety.
(i) Subsection 408.11.1.2 of the Fire Code is amended to read as
follows:
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) Subsection 503.2.1 of the Fire Code is amended to read as follows:
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.
(b) Subsection 504.4 is added to the Fire Code to read as follows:
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 access control devices shall be provided with an approved
. means for deactivation or unlocking by the fire department.
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•
Access control devices shall also comply with the provisions of
Chapter 10 ("Means of Egress").
(c) Subsection 505.1 of the Fire Code is amended to read as follows:
505.1 Address Numbers. Existing buildings shall have approved
address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numbers or alphabet letters. Numbers ,
shall be a minimum of 4 inches (102 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Address numbers shall be illuminated in all
new buildings. The Building Official may grant exceptions to this
requirement due to location, surroundings or topography as appropriate.
(d) Subsection 507.4 is added to the Fire Code to read as follows:
507.4 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: When the roof opening into an interior court
is greater than 600 square feet in area are exempt from this
requirement.
(e) Section 511 is added to the Fire Code to read as follows:
511.1 Emergency Communication Systems. In new buildings, or
buildings expanded by more than 20%, or buildings in which a change in
occupancy classification occurs where adequate interior emergency radio
communication is not possible, a system or equipment that will provide
emergency radio coverage acceptable to the fire code official shall be
installed.
16-20.090 Amendments to Chapter 6 of the Fire Code: Building Services
and Systems.
• (a) Subsection 603.4.2 is added to the Fire Code to read as follows:
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•
603.4.2 Portable Unvented Heaters Used in Other Occupancies
and Outside Locations. Use of portable unvented heaters in other
occupancies and outside locations shall be approved by the fire code
official.
(b) Subsection 605.11 is added to the Fire Code to read as follows:
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.
(c) Subsection 608.6.3 is added to the Fire Code to read as follows:
608.6.3 Failure of Ventilation System. Failure of the ventilation
system shall automatically disengage the charging system.
16-20.100 Amendments to Chapter 9 of the Fire Code: Fire Protection
Systems.
(a) As noted in Section 16-15.070 of the Saratoga Munici al Code,
p
modifications made in this Section also apply to and amend Chapter
9 ("Fire Protection Systems") of the Building Code.
(b) Subsection 903.2 of the Fire Code is amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in
new buildings and structures and in existing modified buildings and
structures, shall be provided in the locations described in this section.
Automatic fire sprinklers shall be installed per the requirements set forth in
Sections 903.2.1 through 903.2.13 and as follows, whichever is the more
restrictive:
1. An automatic sprinkler system .shall be provided throughout all new
buildings that have a gross floor area in excess of 3,600 square feet
or that are three (3) or more stories in height.
2. An automatic sprinkler system shall be provided throughout all
existing buildings when any of the following occur: buildings larger
than 3600 square feet are expanded; modifications are made that
C]
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increase the gross floor area to more than 3,600 square feet; or the
number of stories is increased to three (3) or more.
EXCEPTION: One-time additions made after 01/01/2008
that do not exceed 500 square feet in gross floor area.
3. An automatic sprinkler system shall be provided throughout all new
buildings located in the designated Wildland-Urban Interface areas.
EXCEPTION: Any non-habitable structures accessory to
single family residences that have a gross floor area of 500 square ,
feet or less.
4. An automatic sprinkler system shall be provided throughout all
existing buildings located in the designated Wildland-Urban
Interface areas when modifications are made that increase the gross
floor area.
EXCEPTION: One-time additions to existing buildings
made after 01/01/2008 that do not exceed 500 square feet in gross
floor area.
(c) Subsection 903.2.18 is added to the Fire Code to read as follows:
903.2.18 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
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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:
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.
(d) Subsection 903.3 of the Fire Code is amended to read as follows:
903.3 Installation requirements. Automatic sprinkler systems shall
be designed and installed in accordance with Sections 903.3.1 through
903.3.7 and Fire Department Standards.
•
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16-20.110 Amendments to Chapter 14 of the Fire Code: Fire Safety during
Construction and Demolition
(a) Subsection 1404.8 is added to the Fire Code to read as follows:
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) Subsection 1411.1 of the Fire Code is amended to read as follows:
1411.1 Stairways Required. All floor levels above the first story in
new multi-story buildings that require 2 exit stairs shall be provided with at
least two usable exit stairways (temporary or permanent) 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) Subsection 1411.1.1 is added to the Fire Code to read as follows:
1411.1.1 Required Means of Egress. All new buildings under
construction shall have a least one unobstructed means of egress. All
means of egress shall be identified in the Fire Protection Plan.
16-20.120 Amendments to Chapter 18 of the Fire Code: Semiconducter
Fabrication Facilities.
(a) The definition of "continuous gas detection system" in Section 1802
of the Fire Code is amended to read as follows:
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
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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 %2 IDLH (or
0.05 LC 50 if no established IDLH) in unoccupiable areas.
(b) The definition of "workstation" in Section 1802 of the Fire Code is
deleted in its entirety.
16-20.130 Amendments to Chapter 19 of the Fire Code: Lumberyards and
Woodworking Facilities.
(a) Subsection 1907.6 is added to the Fire Code to read as follows:
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 open storage yards and processing areas.
Hydrant systems shall be installed in accordance with NFPA 24.
(b) Subsection 1908.11 is added to the Fire Code to read as follows:
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.
Hydrant systems shall be installed in accordance with NFPA 24.
16-20.140 Amendments to Chapter 27 of the Fire Code: Hazardous
Materials-General Provisions.
(a) Subsection 2703.9.10 is added to the Fire Code to read as follows:
2703.9.10 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
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• quantities of flammable liquids in use or storage within the cabinet
do not exceed SOOmI.
16-20.150 Amendments to Chapter 33 of the Fire Code: Explosives and
Fireworks.
(a) Subsection 3301.1 of the Fire Code is amended to read as follows:
3301.1 Scope. For explosives requirements see Title 19 California
Code of Regulations Chapter 10 and Section 3301.1.1 of this Chapter. For
fireworks requirements see Title 19 California Code of Regulations Chapter
6 and Section 3301.1.2 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 possession, storage and use of small arms ammunition
when packaged in accordance with DOTn packaging requirements.
4. The use of explosive materials by federal, state and local
regulatory, law enforcement and fire agencies acting in their official
capacities.
5. Items preempted by federal regulations.
(b) Subsection 3301.1.1 is added to the Fire Code to read as follows:
3301.1.1. Explosives. The possession, manufacture, storage, sale,
handling, and use of explosives are prohibited.
EXCEPTIONS: 1. Possession, storage, handling and use of
explosives for test and research purposes is allowed with permit and
approval of the fire code official.
2. Possession, storage, handling and use of squibs, explosive
nuts or bolts and similar small quantity explosive devices is allowed
with permit and approval of the fire code official.
• (c) Subsection 3301.1.2 is added to the Fire Code to read as follows:
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•
3301.1.2 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: 1. 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 when handled and
used by a licensed pyrotechnic operator in accordance with Title 19
of the California Code of Regulations and permitted in accordance ,
with this Chapter.
2. Storage, handling and use of pyrotechnic special effects
fireworks inside of buildings, equipped throughout with an approved
fire sprinkler system, when used for proximate audience displays or
special effects in theatrical, television, motion picture and group
entertainment productions and when handled and used by a licensed
pyrotechnic operator in accordance with Title 19 of the California
Code of Regulations and permitted in accordance with this Chapter.
•
(d) Subsection 3301.1.3 is added to the Fire Code to read as follows:
3301.1.3 Model 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.
16-20.160 Amendments to Chapter 34 of the Fire Code: Flammable and
Combustible Liquids.
(a) Subsection 3404.2.7.5.8 of the Fire Code is amended to read as
follows:
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.
(b) Subsection 3404.2.7.5.9 is added to the Fire Code to read as follows:
3404.2.7.5.9 Automatic Filling of Tanks. Systems that
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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.
16-20.170 Amendments to Chapter 47 of the Fire Code: Requirements for
Wildand-Urban Interface Plans.
(a) The definition of "Wildland-Urban Interface Fire Area" in Section
4702 of the Fire Code is amended to read as follows:
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 designated as
hazardous fire areas on the City of Saratoga's Hazardous Fire Area Map. The
Hazardous Fire Area map, properly attested, shall be on file in the Office of the
City Clerk of the City of Saratoga.
(b) Section 4703 is added to the Fire Code to read as follows:
SECTION 4703
FIRE PROTECTION PLAN
4703.1 General. When required by the fire code official, a fire
protection plan shall be prepared.
4703.2 Content. The plan shall be based upon asite-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.
4703.3 Cost. The cost of fire protection plan preparation and review
shall be the responsibility of the applicant.
.]
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4703.4 Plan Retention. The fire protection plan shall be retained by
the fire code official.
(c) Section 4707 is added to the Fire Code to read as follows:
SECTION 4707
DEFENSIBLE SPACE
4707.1 General. Persons owning, leasing, controlling, operating or
maintaining buildings or structures in, upon or adjoining the Wildland-
Urban Interface Fire Area and persons owning, leasing or controlling land,
adjacent to such buildings or structures, shall at all times:
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) from such buildings or structures; '
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.
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.
•
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'~ 4707.2 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 4707.1 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.
(d) Section 4714 is added to the Fire Code to read as follows:
SECTION 4714
ACCESS
4714.1 General. Buildings and structures, or portions thereof,
hereafter constructed or relocated into or within wildland-urban interface
areas shall be provided with fire apparatus access in accordance with this
chapter.
4714.2 Driveways. Driveways with an all-weather surface shall be
provided when any portion of an exterior wall of the first story of a building
is located more than 150 feet (45 720 mm) from a fire apparatus access
road. Driveways shall provide a minimum unobstructed width of 12 feet
• (3658 mm) and a minimum unobstructed height of 13 feet 6 inches (4115
mm). 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 (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 fire 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 fire code official.
Vehicle load limits shall be posted at both entrances to bridges on
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a driveways and private roads. Design loads for bridges shall be established
by the fire code official.
4714.3 Fire Apparatus Access Roads. Fire apparatus access roads
shall be all weather roads with a minimum width of 20 feet (6096 mm) and
a clear height of 13 feet 6 inches (4115 mm); and shall be designed in
accordance with Fire Department Standards. Dead-end roads in excess of
150 feet (45 720 mm) in length shall be provided with turnarounds
designed in accordance with Fire Department Standards. An all-weather
road surface shall be any surface material acceptable to the fire code
official.
(e) Section 4715 is added to the Fire Code to read as follows:
SECTION 4715
WATER SUPPLY
4715.1 General. Buildings and structures, or portions thereof,
hereafter constructed or relocated into or within wildland-urban interface
areas shall be provided with fire protection water supplies in accordance
with this chapter.
• EXCEPTION: Buildin s containin onl rivate ara es
g g Yp g g
carports, sheds and agricultural buildings with a building area of not
more than 500 square feet (56 m2).
4715.2 Water Sources. The point at which a water source is
available for use shall be located not more than 600 feet from all portions of
the exterior walls of the building and be approved by the fire code official.
The distance shall be measured along an unobstructed line of travel.
Water sources shall have a minimum usable water volume as
determined by the adequate water supply needs in accordance with Section
4715.4. This water source shall be equipped with an approved hydrant.
The water source shall be provided and maintained by a recognized water
purveyor, mutual water company or water pumped from a well. The
design, construction, location, water level maintenance, access, and access
maintenance of man-made water sources shall be approved by the fire code
official.
4715.3 Hydrants. All hydrants shall be designed and constructed in
accordance with nationally recognized standards. The location and access
• shall be approved by the fire code official.
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4715.4 Adequate Water Supply. Adequate fire protection water
supplies shall be as follows:
One- and Two-Family Dwellings. The required fire protection
water supply for one- and two- family dwellings shall be in accordance
with Appendix B. The water supply duration need not exceed 30 minutes.
Buildings Other Than One- and Two-Family Dwellings. The
water supply required for buildings other than one-and two-family
dwellings shall be in accordance with Appendix B.
EXCEPTION: The water supply duration need not exceed 2
hours.
4715.5 Obstructions. Access to all water sources required by this
code shall be unobstructed at all times. The fire code official shall not be
deterred or hindered from gaining immediate access to water source
equipment, fire protection equipment or hydrants.
4715.6 Identification. Water sources, hydrants and fire protection
equipment shall be clearly identified in a manner approved by the fire code
official to identify location and to prevent obstruction by parking and other
obstructions.
4715.7 Testing and Maintenance. Water sources, hydrants and
other fire protection equipment required by this code shall be subject to
periodic tests as required by the fire code official. All such equipment
installed under the provisions of this code shall be maintained in an
operative condition at all times and shall be repaired or replaced where
defective. Additions, repairs, alterations and servicing of such fire
protection equipment and resources shall be in accordance with approved
standards.
4715.8 Clearance of Fuel. Defensible space shall be provided
around water tank structures, water supply pumps and pump houses in
accordance with Section 4707.
4715.9 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
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providing power for a minimum of two hours.
EXCEPTIONS: L When approved by the fire 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.
(f) Section 4716 is added to the Fire Code to read as follows:
SECTION 4716
AUTOMATIC FIRE SPRINKLER SYSTEMS
4716.1 General. Buildings and structures located in wildland-urban
interface areas shall be provided with automatic fire sprinkler protection in
accordance with this chapter.
4716.2 New Buildings. An approved automatic fire sprinkler system
shall be provided throughout all new buildings located in the wildland-
urban interface area.
EXCEPTION: Accessory structures to single-family
residences that are non-residential and that have a gross floor area of
500 square feet or less.
4716.3 Existing Buildings. An approved automatic fire sprinkler
system shall be provided throughout all existing buildings located in the
wildland-urban interface area when modifications are made that increase
the gross floor area. ,
EXCEPTION: One-time additions to existing buildings
made after 01/01/08 that do not exceed 500 square feet in gross floor
area.
(g) Section 4717 is added to the Fire Code to read as follows:
SECTION 4717
GENERAL REQUIREMENTS FOR SUPPRESSION AND CONTROL
4717.1 Scope and Purpose
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4717.1.1 Scope. The provisions of this chapter establish
general requirements applicable to new and existing properties
located within wildland-urban interface areas.
4717.1.2 Objective. The objective of this appendix is to
provide necessary fire-protection measures to reduce the threat of
wildfire in an wildland-urban interface area and improve the
capability of controlling such fires.
4717.2 Vegetation Control
4717.2.1 General. Vegetation control shall comply with
Sections 4717.2.2 through 4717.2.5.
4717.2.2 Maintenance of Defensible Space
4717.2.2.1 General. Defensible spaces required by
4707 shall be maintained in accordance with Section
4717.2.2.
4717.2.2.2 Modified Area. Non-fire-resistive
vegetation or growth shall be kept clear of buildings or .
structures, in accordance with Section 4707, in such a manner
as to provide a clear area for fire suppression operations: '
4717.2.2.3 Responsibility. Persons owning, leasing,
controlling, operating or maintaining buildings or structures
are responsible for maintenance of defensible spaces.
Maintenance of the defensible space shall include modifying
or removing nonfire-resistive vegetation and keeping leaves,
needles and other dead vegetative material regularly removed
from roofs of buildings and structures.
4717.2.2.4 Trees. Tree crowns extending to within 10
feet (3048 mm) of any structure shall be pruned to maintain a
minimum horizontal clearance of 10 feet (3048 mm). Tree
crowns within the defensible space shall be pruned to remove
limbs located less than 6 feet (1829 mm) above the ground
surface adjacent to the trees.
•
Portions of tree crowns that extend within 10 feet
(3048 mm) of the outlet of a chimney shall be pruned to
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maintain a minimum horizontal clearance of 10 feet (3048
mm).
Deadwood and litter shall be regularly removed from
trees.
4717.2.3 Clearance of Brush or Vegetative Growth from
Roadways. The fire 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.
4717.2.4 Clearance of Brush and Vegetative Growth from
Electrical Transmission and Distribution Lines.
4717.2.4.1 General. Clearance of brush and vegetative
growth from electrical transmission and distribution lines
shall be in accordance with Section 4717.2.4.
EXCEPTION: Section 4717.2.4 does not
authorize persons not having legal right of entry to
enter on or damage the property of others without
consent of the owner.
4717.2.4.2 Support Clearance. Persons owning,
controlling, operating or maintaining electrical transmission
or distribution lines shall have an approved program in place
that identifies poles or towers with equipment and hardware
types that have a history of becoming an ignition source, and
provides a combustible free space consisting of a clearing of
not less than 10 feet (3048 mm) in each direction from the
outer circumference of such pole or tower during such periods
of time as designated by the fire code official.
EXCEPTION: Lines used exclusively as
telephone, telegraph, messenger call, alarm
transmission or other lines classed as communication
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•
circuits by a public utility.
4717.2.4.3 Electrical Distribution and Transmission
Line Clearances.
4717.2.4.3.1 General. Clearances between
vegetation and electrical lines shall be in accordance
with 4717.2.4.3.
4717.2.4.3.2 Trimming Clearance. At the time
of trimming, clearances not less than those established
by Table 4717.2.4.3.2 shall be provided. The radial
clearances shown below are minimum clearances that
shall be established, at time of trimming, between the
vegetation and the energized conductors and
associated live parts.
TABLE 4717.2.4.3.2
MINIMUM CLEARANCES BETWEEN
VEGETATION AND ELECTRICAL LINES AT
TIME OF TRIMMING
C]
For SI: 1 foot = 304.8 mm.
LINE VOLTAGE MINIMUM RADIAL CLEARANCE
FROM CONDUCTOR (feet)
2,400-72,006 4
72,001-11000 6
110,001-30,000 10
300,001 or ore 15
ON: The fire code official is authorized to
establish minimum clearances different than
those specified by Table 4717.2.4.3.2 when
evidence substantiating such other clearances is
submitted to and approved by the fire code
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official.
4717.2.4.3.3 Minimum Clearance to be
Maintained. Clearances not less than those established
by Table 4717.2.4.3.3 shall be maintained during such
periods of time as designated by the fire code official.
The site-specific clearance achieved, at time of
pruning, shall vary based on species growth rates, the
utility company-specific trim cycle, the potential line
sway due to wind, line sag due to electrical loading
and ambient temperature and the tree's location in ,
proximity to the high voltage lines.
EXCEPTION: The fire code official is
authorized to establish minimum clearances
different than those specified by 4717.2.4.3.3.3
when evidence substantiating such other
clearances is submitted to and approved by the
fire code official.
•
•
TABLE 4717.2.4.3.3
MINIMUM CLEARANCES BETWEEN
VEGETATION AND ELECTRICAL LINES TO
BE MAINTAINED
LINE
VOLTAGE MINIMUM CLEARANCE
(inches
750 - 35,000 6
35,001 - 60,000 12
60,001 - 115,000 19
115,001 - 230,000 30.5
230,001 - 500,000 115
For SI: 1 inch=25.4mm.
4717.2.4.3.4 Electrical Power Line
Emergencies. During emergencies, the utility shall
perform the required work to the extent necessary to
clear the hazard. An emergency can include situations
such as trees falling into power lines, or trees in
violation of Table 4717.2.3.3.3.
47].7.2.5 Correction of Condition. The fire
code official is authorized to give notice to the owner
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of the property on which conditions regulated by
Section 4717.2 exist to correct such conditions. If the
owner fails to correct such conditions, the City Council
is authorized to cause the same to be done and make
the expense of such correction a lien on the property
where such condition exists.
4717.3 Access Restrictions
4717.3.1 Restricted Entry To Public Lands. The fire code
official is authorized to determine and publicly announce when
wildland-urban interface areas shall be closed to entry and when
such areas shall again be opened to entry. Entry on and occupation
of wildland-urban interface areas, 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 wildland-urban interface areas 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.
4717.3.2 Trespassing On Posted Private Property.
4717.3.2.1 General. When the fire code official
determines that a specific area within awildland-urban
interface area presents an exceptional and continuing fire
danger because of the density of natural growth, difficulty of
terrain, proximity to structures or accessibility to the public,
such areas shall be restricted or closed until changed
conditions warrant termination of such restriction or closure.
Such areas shall be posted in accordance with Section
4717.3.2.2.
4717.3.2.2 Signs. Approved signs prohibiting entry by
unauthorized persons and referring to this code shall be
placed on every closed area.
•
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4717.3.2,3 Trespassing. Entering and remaining
within areas closed and posted is prohibited.
EXCEPTION: Owners and occupiers of
private or public property within closed and posted
areas; their guests or invitees; authorized persons
engaged in the operation and maintenance of necessary
utilities such as electrical power, gas, telephone, water
and sewer; and local, state and federal public officers
and their authorized agents acting in the course of
duty.
4717.3.3 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. '' '
4717.3.4 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
wildland-urban interface areas, without a permit by the fire code
official, except on clearly established public or private roads.
Permission from the property owner shall be presented when
requesting a permit.
4717.3.5 Tampering With Locks, Barricades, Signs and
Address Markers. Locks, barricades, seals, cables, signs and
address markers installed within wildland-urban interface areas, by
or under the control of the fire code official, shall not be tampered
with, mutilated, destroyed or removed.
Gates, doors, barriers and locks installed by or under the
control of the fire code official shall not be unlocked.
r~
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4717.4 Ignition Source Control
4717.4.1 General. Ignition sources shall be in accordance
with Section 4717.4.
4717.4.2 Objective. Regulations in this section are intended
to provide the minimum requirements to prevent the occurrence of
wildfires.
4717.4.3 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).
4717.4.4 Smoking. When required by the fire 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 fire code official.
4717.4.5 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 wildland-urban interface areas without a permit from the fire
code official.
EXCEPTION: Use of approved equipment in
inhabited premises or designated campsites that are a
minimum of 30 feet (9144 mm) from grass-, grain-, brush- or
forest-covered areas.
4717.4.6 Fireworks. Fireworks shall not be used or possessed
in wildland-urban interface areas.
4717.4.7 Outdoor Fires.
4717.4.7.1 General. No person shall build, ignite or
maintain any outdoor fire of any kind for any purpose in or on
any wildland-urban interface area, except by the authority of
a written permit from the fire code official.
•
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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.
4717.4.7.2 Permits. Permits. shall incorporate such
terms and conditions that will reasonably safeguard public
safety and properly. Outdoor fires shall not be built, ignited or
maintained in or on hazardous 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.
4717.4.7.3 Restrictions. No person shall use a
permanent barbecue, portable barbecue, outdoor fireplace or
grill for the disposal of rubbish, trash or combustible waste
material.
4717.4.8 Outdoor Fireplaces, Permanent Barbecues and
Grills. Outdoor fireplaces, permanent barbecues and grills shall not
be built, installed or maintained in wildland-urban interface areas
without approval of the fire code official.
Outdoor fireplaces, permanent barbecues and grills 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.
EXCEPTION: When approved by the fire code
official, unprotected openings in barbecues and grills
necessary for proper functioning.
4717.4.9 Reckless Behavior. The fire code official is
authorized to stop any actions of a person or persons if the official
determines that the action is reckless and could result in an ignition
of fire or spread of fire.
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4717.4.10 Planting Vegetation Under or Adjacent to
Energized Electrical Lines. No vegetation shall be planted under
or adjacent to energized power lines that, at maturity, shall grow
within 10 feet (3048 mm) of the energized conductors.
4717.5 Control of Storage
4717.5.1 General. In addition to the requirements of the
International Fire Code, storage and use of the materials shall be in
accordance with Section 4717.5.
4717.5.2 Hazardous Materials. Hazardous materials in
excess of 10 gallons (37.8 L) of liquid, 200 cubic feet (5.66 m 3) of
gas, or 10 pounds (4.54 kg) of solids require a permit and shall
comply with nationally recognized standards for storage and use,
4717.5.2.1 Liquefied Petroleum Gas Installations
4717.5.2.1.1 General. The storage of liquefied
petroleum gas (LP gas) and the installation and
maintenance of pertinent equipment shall be in
accordance with said Fire Code and recognized
standards.
4717.5.2.1.2 Location of Containers. LP-gas
containers shall be located within the defensible space
in accordance with said Fire Code.
4717.5.3 Explosives. Explosives shall not be possessed, kept,
stored, sold, offered for sale, given away, used, discharged,
transported or disposed of within wildland-urban interface areas.
4717.5.4 Combustible Materials.
4717.5.4.1 General. Outside storage of combustible
materials such as, but not limited to, wood, rubber tires,
building materials or paper products shall comply with the
other applicable sections of this code and this section.
4717.5.4.2 Individual Piles. Individual piles shall not
exceed 5,000 square feet (465 m 2) of contiguous area. Piles
shall not exceed 50,000 cubic feet (1416 m 3) in volume or 10
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S feet (3048 mm) in height.
4717.5.4.3 Separation. A clear space of at least 40
feet (12 192 mm) shall be provided between piles. The clear
space shall not contain combustible material or non-fire-
resistive vegetation.
4717.5.4.4 Storage of Firewood and Combustible
Materials
4717.5.4.4.1 General. Firewood and
combustible material shall not be stored in unenclosed
spaces beneath buildings or structures, or on decks or
under eaves, canopies or other projections or
overhangs. When required by the fire code official,
storage' of firewood and combustible material stored in
the defensible space shall be located a minimum of 20
feet (6096 mm) from structures and separated from the
crown of trees by a minimum horizontal distance of 15
feet (4572 mm).
• 4717.5.4.4.2 Storage for Off-Site Use.
Firewood and combustible materials not for
consumption on the premises shall be stored so as to
not pose a hazard.
4717.6 Dumping
4717.6.1 Waste Material. Waste material shall not be placed,
deposited or dumped in wildland-urban interface areas, or in, on or along
trails, roadways or highways or against structures in wildland-urban
interface areas.
EXCEPTION: Approved public and approved private
dumping areas.
4717.6.2 Ashes and Coals. Ashes and coals shall not be placed,
deposited or dumped in or on wildland-urban interface areas.
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
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S 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.
4717.7 Protection of Pumps and Water Storage Facilities
4717.7.1 General. The reliability of the water supply shall be in
accordance with Section 4717.7.
4717.7.2 Objective. The intent of this section is to increase the
reliability of water storage and pumping facilities and to protect such
systems against loss from intrusion by fire.
4717.7.3 Fuel Modification Area. Water storage and pumping
facilities shall be provided with a defensible space of not less than 30 feet
(9144 mm) clear ofnon-fire-resistive vegetation or growth around and
adjacent to such facilities.
• Persons owning, controlling, operating or maintaining water storage
and pumping systems requiring this defensible space are responsible for .
clearing and removing nonfire-resistive vegetation and maintaining the
defensible space on the property owned, leased or controlled by said ~' '
person.
4717.7.4 Trees. Portions of trees that extend to within 30 feet (9144
mm) of combustible portions of water storage and pumping facilities shall
be removed.
4717.7.5 Protection of Electrical Power Supplies. When electrical
pumps are used to provide the required water supply, such pumps shall be
connected to a standby power source to automatically maintain electrical
power in the event of power loss. The standby power source shall be
capable of providing power for a minimum of two hours in accordance with
the Electrical Code.
EXCEPTION: A standby power source is not required
where the primary power service to pumps are underground as
approved by the fire code official.
• 4717.8 Land Use Limitations
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•
4717.8.1 General. Temporary fairs, carnivals, public exhibitions and
similar uses must comply with all other provisions of this code in addition
to enhanced ingress and egress requirements.
4717.8.2 Objective. The increased public use of land or structures in
wildland-urban interface areas also increases the potential threat to life
safety. The provisions of this section are intended to reduce that threat.
4717.8.3 Permits. Temporary fairs, carnivals, public exhibitions or
similar uses shall not be allowed in a designated wildland-urban interface
area, except by permit from the fire code official.
Permits shall incorporate such terms and conditions that will
reasonably safeguard public safety and property.
16-20.180 Amendments to Appendix Chapter 1 of the Fire Code:
Administration.
(a) Subsection 105.1.4 is added to the Fire Code to read as follows:
105.1.4 Construction Permit Fees. Construction permit fees and
plan review fees for fire hydrant systems, fire extinguishing systems and
fire alarm systems within the areas served by the Santa Clara County Fire
Department and the Saratoga Fire District shall be paid to the Santa Clara
County Fire Department and the Saratoga Fire District in accordance with
the following table based on valuation. The valuation shall be limited to
the value of the system installation 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
$1.00 - $500.00 $23.50
$501.00 - $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
$2001.00 - $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
includin $25,000.00
$25,001.00 - $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and
includin $50,000.00
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~J
•
•
$50,001.00 - $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
includin $100,000.00
$100,001.00 - $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
includin $500,000.00
$500,001 - $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
includin $1,000,000.00
$1,000,001 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) Subsection 105.1.5 is added to the Fire Code to read as follows:
105.1.5 Operational permit fees. Operational permit fees for uses
and activities that occur within the areas served by the Santa Clara County
Fire Department and the Saratoga Fire District shall be paid to the Santa
Clara County Fire Department and the Saratoga Fire District as per the
following schedule.
FACILITY TYPE PERMIT FEE
1. Institutional
A. Over 50 ersons $100.00 - Annuall
B. More than 6 ersons $ 75.00 - Annuall
2. Da Care Facilities
A. More than 6 clients $35.00 - Annuall
3. Places of Assembl
A. 50-300 ersons $50.00 - Annuall
B. Over 300 ersons $85.00 - Annuall
4. Temporary
Membrane Structures,
Tents and Canopies Only those requiring
permits in accordance
with Section 105.6.43. $85.00 -Each occurrence
(c) Subsection 105.6.8 of the Fire Code is amended to read as follows:
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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 Appendix Chapter 1,
Table 105.6.8, to install any piped distribution system for compressed
gases, or to install anon-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.
(d) The first paragraph of subsection 105.6.10 of the Fire Code is
amended to read as follows:
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 Appendix Chapter 1, Table
105.6.10 or to install a cryogenic vessel or piping system for the
storage or distribution of cryogens.
(e) Subsection 105.6.48 is added to the Fire Code to read as follows:
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) Subsection 105.6.49 is added to the Fire Code to read as follows:
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
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facilities, halfway house, and day care nurseries or similar facility of
any capacity.
(g) Subsection 106.5 is added to the Fire Code to read as follows:
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) Subsection 109.3 of the Fire Code is amended to read as follows:
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 [SPECIFY
OFFENSE], punishable by a fine of not more than [AMOUNT]
dollars or by imprisonment not exceeding [NUMBER OF 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.
(b) Notwithstanding paragraph (a) of this Section, if
• real property is maintained in violation of this code or any
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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.
•
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~~' Article 16-25 PLUMBING CODE
16-25.010 Adoption of California Plumbing Code.
The 2007 California Plumbing Code (2006 Uniform Plumbing Code, as
published by the International Association of Plumbing and Mechanical
Officials and amended by the State of California), 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 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. 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.
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Article 16-30 MECHANICAL SYSTEMS
16-30.010 Adoption of California Mechanical Code.
The 2007 California Mechanical Code (2006 Uniform Mechanical Code as
published by the International Association of Plumbing and Mechanical Officials
and amended by the State of California) 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 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. 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.
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Article 16-35 ELECTRICAL CODE
16-35.010 Adoption of California Electrical Code.
The 2007 California Electrical Code (2005 National Electrical Code as
published by the National Fire Protection Association and amended by the State of
California), 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 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. 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.
n
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City of Saratoga
Designated Hazardous Fire Area -Early Warning Alarm System
For use in administering Early Warning Alarm System Requirements per
Saratoga City Code Sections 14-25.110, 15-80.090 and 16-60-010 et seq.
Saratoga City limit Copyright 2006 County o~SSbanta Clara, All Rights Reserved .
I U U Miles
Hazardous Fire Area o 0.25 0.5 1 1.5 2