Chapter 6
BUILDINGS1

Sections:

ARTICLE I. CONSTRUCTION CODES

6.1    Construction codes adopted.

6.2    Review of plans; additional requirements.

6.3    Public toilets.

6.4    Reserved.

6.5    Reserved.

ARTICLE II. BUILDING CODE AMENDMENTS

6.6    Adoption and findings.

6.7    Amendments.

6.8    Reserved.

ARTICLE III. RESERVED

6.9

6.12    Reserved.

ARTICLE IV. BUILDING SECURITY

6.13    Scope.

6.14    Definitions.

6.15    Enforcement.

6.16    Violations and penalties.

6.17    Severability.

6.18    Alternate materials and methods of construction.

6.19    Appeals.

6.20    Keying requirements.

6.21    Frames, jambs, strikes and hinges.

6.22    Windows and sliding glass doors.

6.23    Garage-type doors; rolling overhead, solid overhead, swing, sliding or accordion.

6.24    Special residential building provisions.

6.25    Special commercial building provisions.

6.26    Tests.

6.27    Buildings to support adequate public safety radio coverage.

6.28    Amplification systems allowed.

6.29    Acceptance test procedure.

6.30    Annual test.

6.31    Five-year test.

6.32    Qualification of testing personnel.

6.33    Field testing.

6.34    Exemptions.

ARTICLE V. REGULATION OF WOODBURNING APPLIANCES

6.35    Applicability of article.

6.36    Definitions.

6.37    General requirements.

6.38    Exemptions.

6.39    Enforcement.

ARTICLE VI. SEISMIC SAFETY

6.40    Title.

6.41    Purpose.

6.42    Scope.

6.43    Authority.

6.44    Definitions and notations.

6.45    URM mandatory and voluntary retrofit—Options and standards.

6.46    Abatement of URM hazards.

6.47    Future retrofitting legislation.

6.48    Change of occupancy.

6.49    Additions, alteration or repair.

6.50    Deadline to complete work—Penalties for noncompliance.

6.51    Appeal process.

6.52    Recovery of penalties.

6.53    Remedies.

6.54    Technical information/requirements.

6.55    Financial incentive program for URM mandatory retrofit program.

6.56    Building board of appeals.

6.57    Small residential rooftop solar expedited permitting.

ARTICLE I. CONSTRUCTION CODES

6.1 Construction codes adopted.

For the purpose of setting forth proper regulations for the protection of the public health, safety and welfare, regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures in the city, providing for the issuance of permits and collection of fees therefor, declaring and establishing fire districts and providing penalties for the violation thereof, the following uniform construction codes are adopted, as amended, to apply in the City of Gilroy:

(a) The 2016 California Building Code;

(b) The 2016 California Residential Code;

(c) The 2016 California Electrical Code;

(d) The 2016 California Mechanical Code;

(e) The 2016 California Plumbing Code;

(f) The 2016 California Energy Code;

(g) The 2016 California Historical Building Code;

(h) The 2016 California Fire Code;

(i) The 2016 California Existing Building Code with Appendices A2, A3, A4, and A5 of the 2015 International Existing Building Code;

(j) The 2016 Green Building Standards Code;

(k) The 2015 International Property Maintenance Code with Appendix A.

The latest edition of each of the above codes shall be submitted to the council from time to time together with changes or modifications as are reasonably necessary because of local climatic, geological, or topographical conditions, or as otherwise permitted by state law. The city council may by ordinance approve these and other uniform construction codes as they may exist from time to time and changes and modifications thereto. The ordinance shall be kept on file in the office of the city clerk for public review. (Ord. No. 569, § 1; Ord. No. 693, § 1; Ord. No. 704, § 1; Ord. No. 865, § 1, 9-2-69; Ord. No. 871, § 2, 11-3-69; Ord. No. 1000, § 1, 11-5-73; Ord. No. 78-14, § 1, 5-1-78; Ord. No. 80-7, § 1, 4-7-80; Ord. No. 99-7, § II, 7-21-99; Ord. No. 99-8, § II, 7-21-99; Ord. No. 2005-12, § II, 6-13-05; Ord. No. 2005-20, § II, 10-3-05; Ord. No. 2007-24, § X, 12-17-07; Ord. No. 2008-03, § X, 1-22-08; Ord. No. 2010-17, § X, 11-15-10; Ord. No. 2013-11, § 10, 11-18-13; Ord. No. 2016-17, § 10, 11-21-16)

6.2 Review of plans; additional requirements.

It is hereby declared that the erection or location of shacks or other unsightly buildings in the city for dwelling purposes hinders the orderly and harmonious development of the city; may increase the fire hazard and tend to spread disease; impair the desirability of residences, occupation or investment in the city; limit the opportunity to attain the optimum use of land and improvements; lessen the enjoyment of property, and is detrimental to the health, safety and general welfare; and that it is desirable and in the public interest to make reasonable provisions to avoid such results.

In case an application is made for a permit to erect, construct or establish a dwelling in the city, except adjacent to any state highway, the application shall be accompanied by drawings and sketches showing the front, side and rear elevations of the building, structure or other building as the same will appear after the work for which the permit is sought has been completed. In addition to specifications, such work and specifications shall be referred to the building inspector in an endeavor to provide that such buildings, structures and other improvements shall be so designed and constructed that they will not be unsightly, undesirable or obnoxious in appearance, or detrimental to the public welfare. To this end the building inspector shall suggest any changes in the plans of such proposed buildings, structure or other building as he may deem to be necessary to accomplish the purposes of this section, and shall not approve any such plans or issue any permit until he is satisfied that such purposes will be served thereby.

In case the applicant or any property owner adversely affected is not satisfied with the action of the building inspector, he may, within thirty (30) days of such action, appeal in writing to the city council. The city council shall hold a hearing on such appeal and shall render its decision thereon within thirty (30) days after the filing thereof. No permit, as provided in this section, shall be issued unless the plans and specifications filed with the application therefor, as required in this section, shall first have been approved by the city council.

Upon such approval such permit shall be issued. (Ord. No. 569, § 2; Ord. No. 664, § 1; Ord. No. 693, § 2; Ord. No. 865, § 1, 9-2-69; Ord. No. 871, § 2, 11-3-69)

6.3 Public toilets.

(a) Scope.

(1) This section shall apply to all gasoline service stations and food service and beverage establishments where facilities are provided to consume food or beverages on the premises.

(2) This section shall also apply to all other buildings and portions thereof of fifteen thousand (15,000) square feet or more customarily frequented by the public, where members of the public customarily enter to transact business with the occupants thereof, unless exempted by the building board of appeals, upon showing that public presence is infrequent or that the average duration of the customary business carried on by the public in such building, or portion thereof, is so short that public toilet facilities are unnecessary.

(b) Facilities Required.

(1) Where any city permit is required to be issued for a building or portion thereof determined to be subject to this section, such permit shall require that such building or portion thereof provide a clearly marked toilet facility for each sex, located either in the main building or conveniently adjacent thereto on the same property so that they are accessible and available for the use of the public; such facilities may be locked to prevent abuse, provided the keys are available to the public.

(2) Existing buildings or portions thereof having only one restroom may be granted an exemption by the building board of appeals, on the basis of hardship, but such exemption shall be reconsidered upon each permit application.

(3) This section shall not be construed to require separate facilities for employees of the building, but neither shall this section operate to relieve any other requirements for toilet facilities in any building. (Ord. No. 80-9, § 1, 4-7-80; Ord. No. 91-13, §§ 1, 2, 5-20-91)

6.4 Reserved.

    Editor’s note—Ord. No. 86-19, § 44, adopted October 6, 1986, repealed § 6.4 in its entirety. Former § 6.4 was concerned with applicability of the article, and derived from Ord. No. 570, § 2.

6.5 Reserved.

    Editor’s note—Ord. No. 91-9, § 1, adopted May 6, 1991, repealed former § 6.5 in its entirety. Former § 6.5 was concerned with violation of the article, and derived from Ord. No. 569, § 3; and Ord. No. 77-15, § 3, adopted April 18, 1977.

ARTICLE II. BUILDING CODE AMENDMENTS

6.6 Adoption and findings.

(a) This article shall be known and cited as the Gilroy building and safety code.

(b) The following codes are hereby adopted by reference for the City of Gilroy:

(1) The California Building Code, 2016 Edition, which is the 2015 International Building Code, with California amendments and the following appendix chapters: Chapter C, Chapter F, Chapter G, Chapter I and Chapter J, are adopted with modifications and changes recommended by the City of Gilroy chief building official (“building official”) as set forth in section 6.7(a);

(2) The California Residential Code, 2016 Edition, which is the 2015 International Residential Code with California amendments, and the following appendix chapters: Chapters H and K are adopted with modifications and changes recommended by the building official as set forth in section 6.7(b);

(3) The California Electrical Code, 2016 Edition, which is the 2014 National Electrical Code with California amendments, is adopted with no modifications and changes recommended by the building official;

(4) The California Mechanical Code, 2016 Edition, which is the 2015 Uniform Mechanical Code with California amendments and the following appendix chapters: Chapters A, B, C, and D, is adopted with modifications and changes recommended by the building official as set forth in section 6.7(c);

(5) The California Plumbing Code, 2016 Edition, which is the 2015 Uniform Plumbing Code with California amendments, and only Appendix A, Appendix B, Appendix D, Appendix I, and Appendix K are adopted with modifications and changes recommended by the building official as set forth in section 6.7(d);

(6) The California Energy Code, 2016 Edition, is adopted with no modifications or changes as recommended by the building official;

(7) The California Historical Building Code, 2016 Edition, published by the International Code Council, is adopted with no modifications or changes as recommended by the building official;

(8) The California Existing Building Code, 2016 Edition, and its appendices and the following Appendices, A2, A4, and A5 of the 2015 International Existing Building Code, is adopted with no modifications or changes as recommended by the building official;

(9) The California Green Building Standards Code, 2016 Edition, is adopted with no modifications or changes as recommended by the building official;

(10) The International Property Maintenance Code, 2015 Edition, and Appendix A are adopted with modification and changes as recommended by the building official as set forth in section 6.7(e).

(c) Pursuant to California Health and Safety Code Section 17958.7, the city council of the City of Gilroy finds that each of the modifications or changes to the aforementioned codes are reasonably necessary because of local climatic, geological or topographical conditions. Specifically, the city council finds:

(1) Many of the modifications or changes are reasonably necessary because of the following climatic conditions:

a. The region is within a climate zone that requires compliance with energy efficiency standards for building construction. The amendment adds design flexibility that will add to energy efficiency in construction while maintaining nationally recognized health and safety standards. This reason is hereinafter referred to as “Climatic I.”

b. The region is within a national climate zone that is designated “Very High” on the Termite Infestation Probability Map. This reason is hereinafter referred to as “Climatic II.”

(2) Many of the modifications or changes are reasonably necessary because of the following geological reasons:

a. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. This reason is hereinafter referred to as “Geological I.”

b. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of flexibility of materials and/or building systems has been a contributing factor to damages that reduced the protection of the life-safety of building occupants and increased the cost of rehabilitation of structures. This reason is hereinafter referred to as “Geological II.”

(3) Many of the modifications or changes are reasonably necessary because of the following topographical conditions:

a. Portions of the city are in hillside areas that are hazardous fire areas that have only limited fire suppression forces and facilities available for the protection of life and property. This reason is hereinafter referred to as “Topographical I.”

b. Portions of the city are in hillside areas that are extensive hillside construction that is prone to erosion. This reason is hereinafter referred to as “Topographical II.”

(4) Many of the modifications or changes are reasonably necessary because of other climatic, geological or topographical conditions, and these climatic, geological or topographical conditions are described immediately following individual modifications or changes adopted pursuant to this article.

A copy of these findings, together with the modification or change expressly marked and identified to which each finding refers, shall be filed by the city clerk with the California Building Standards Commission. (Ord. No. 2007-24, §§ I—III, 12-17-07; Ord. No. 2008‑03, §§ I—III, 1-22-08; Ord. No. 2010-17, §§ I—III, 11-15-10; Ord. No. 2013-11, §§ 1—3, 11-18-13; Ord. No. 2016-17, §§ 1—3, 11-21-16)

6.7 Amendments.

(a) The following modifications and changes as recommended by the building official are adopted to the California Building Code, 2016 Edition, which is the 2015 International Building Code as amended by the State of California:

(1) Adopt section 101.2.

(2) Amend Section 1.8.4.2 to read:

1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee Schedule.

(3) Amend Exception Section 101.2 to read:

Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the California Residential Code.

(4) Amend Section 105.2 modifying building items 2 and 4:

2. Wood fences not over 6 feet high or concrete or masonry wall not over 4 feet high.

4. Concrete and Masonry retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

(5) Amend Section 105.7 as follows:

105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

(6) Amend Section 109.2 as follows:

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alternations requiring a permit, a fee for each permit shall be paid as required by the adopted current adopted City of Gilroy Comprehensive Fee Schedule.

(7) Amend Section 109.4 as follows:

109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by the current City of Gilroy Comprehensive Fee Schedule approved by the city council.

(8) Add Section 109.7 to read as follows:

109.7 Plan review fees. When a plan review is required a plan checking fee shall be paid at the time of submitting plans, calculation and specifications for checking. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee may be charged as deemed necessary by the building official at an hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city council.

(9) Add Section 110.7 as follows:

110.7 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

(10) Amend Section 402.5 as follows: Delete exception.

(11) Amend Section 403.3 as follows: Delete exception.

(12) Amend Section 404.3 as follows: Delete all exceptions.

(13) Amend Section 406.3.4 to read:

406.3.4 Separation. Separation shall comply with the following when both the garage and residence are protected by an approved Fire Sprinkler System:

1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 1/2 inch (12.7 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8 inch Type X gypsum board or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1- 3/4 inches (34.9 mm) thick, or doors in compliance with Section 716.5.3. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Doors shall be self-closing and self-latching.

2. Ducts in a private garage and ducts penetrating the wall or ceilings separating the dwelling unit from the garage shall be constructed of a minimum 0.019 inch (0.48 mm) sheet steel and shall have no openings into the garage.

3. A separation is not required between a Group R3 and U carport, provided the carport is entirely open on two or more sides and there are not enclosed areas above.

Separations shall comply with the following when no approved Fire Sprinkler System serves the residence and/or the garage.

1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 5/8 inch Type X gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8 inch Type X gypsum board or equivalent. Door opening between a private garage and the dwelling with either solid wood doors or solid or honeycomb core steel doors not less than 1-3/4 inches (34.9 mm) thick, or doors in compliance with Section 716.5.3. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Doors shall be self-closing and self-latching.

2. Ducts in a private garage and ducts penetrating the wall or ceilings separating the dwelling unit from the garage shall be constructed of a minimum 0.019 inch (0.48 mm) sheet steel and shall have no openings into the garage.

3. A separation is not required between a Group R3 and U carport, provided the carport is entirely open on two or more sides and there are not enclosed areas above.

(14) Amend Section 903.2 in its entirety to read:

903.2 Where Required. Approved Automatic sprinkler system in new and existing buildings and structures shall be provided in the locations as set forth in the Gilroy Fire Code and the California Fire Code.

(15) Add new Section 903.2.1.1 to read:

Section 903.2.1.1 for “automatic fire-extinguishing systems” in new buildings and structures, any conflicts between the 2016 CBC and the Gilroy Fire Code, the Gilroy Fire Code shall prevail.

(16) Add Section 1505.1.5 to read as follows:

1505.1.5 Roofing. Class B roof covering shall be required for all Hillside Construction.

(17) Amend Section 1705.3 as follows:

1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

EXCEPTIONS: Special inspection shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less in height above the grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1809.7; or

2.3. The structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4.  Concrete foundation walls constructed in accordance with Table 1807.1.6.2.

5.  Concrete patios, driveways and sidewalks, on grade.

(18) Amend Section 1807.2 as follows:

1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.4

(19) Add 2016 CBC Section 1807.2.4 to read as:

1807.2.4 Retaining walls shall be constructed of concrete or masonry and be designed by a California State licensed engineer (Civil or Structural Engineer).

(20) Delete Section 1905.1.8 and replace as follows:

1905.1.8 ACI 318, section 22.10 Delete ACI 318, section 22.10.1, and replace with the following:

22.10—Plain concrete in structures assigned to seismic design category C, D, E or F.

22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross –sectional area of the footing.

(21) Amend Section 2301.2, Method 3 is revised as follows: Delete exception.

(22) Adds Section 2306.3.1 to read as follows:

2306.3.1 Shear walls sheathed with other materials. Shear walls sheathed with Portland cement plaster, gypsum lath, gypsum sheathing or gypsum board shall be designed and constructed in accordance with AP&PA SDPWS. Shear walls sheathed with these materials are permitted to resist horizontal forces using the allowable shear capacities set forth in Table 2306.3(3). Shear walls sheathed with Portland cement plaster, gypsum lath, gypsum sheathing or gypsum board shall not be used to resist seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Item 1, expanded metal or woven wire lath and portland cement plaster on studs spaced at 16 inches (406 mm) on center installed per Table 2306.7 is permitted for use in one story structures of R-3 and U occupancies in Seismic Design Category D.

(23) Amends Section 2308.1 to read as follows:

Section 2308.1 General. The requirements of this section are intended for conventional light-frame construction. Other methods are permitted to be used, provided a satisfactory design is submitted showing compliance with other provisions of this code. Interior nonload-bearing partitions, ceilings and curtain walls of conventional light-frame construction are not subject to the limitations of this section. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the California Residential Code.

(24) Amends Section 2308.3.4 to read as follows:

Section 2308.3.4 Braced wall line support. Braced wall lines shall be supported by continuous foundations.

Exceptions:

1. One-story buildings with maximum plan dimension not exceeding 50 feet (15240 mm), may have continuous foundations located at exterior braced wall lines only.

2. Two-story buildings with a maximum plan dimension not exceeding 50 feet (15240 mm) may have braced wall lines supported on continuous foundations at the exterior walls only, provided:

a) Cripple walls do not exceed 4 feet (1219 mm) in height; and

b) Where the first story is supported on a raised wood framed floor, the interior braced wall panels are directly supported by either doubled joists, continuous 4x blocking or minimum 4x floor beams.

(25) Modify the text of Section 2308.9.3 to be replaced with the following:

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 (15.9 mm) net minimum thickness applied diagonally on studs spaced not over 24 inches (610 mm) on center.

2. Wood structural panel sheathing with a thickness not less than 3/8-inch (7.9 mm) for 16-inch (406 mm) or 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 1/2-inch (13 mm) thick applied vertically on studs spaced not over 16-inches (406 mm) on center where installed with fasteners in accordance with Section 2306.6 and Table 2306.6.

4. Particleboard wall sheathing panels where installed in accordance with Table 2308.9.3(4).

5. Hardboard panel siding when installed in accordance with Section 2303.1.6 and Table 2308.9.3(5).

For cripple wall bracing see Section 2308.9.4.1.

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.

(26) Amend first paragraph of Section 2308.12.4 to read:

2308.12.4 Braced wall line sheathing. Braced wall lines shall be braced by one of the types of sheathing prescribed by Table 2308.12.4 as shown in Figure 2308.9.3. The sum of lengths of braced wall panels at each braced wall line shall conform to Table 2308.12.4. Braced wall panels shall be distributed along the length of the braced wall line and start at not more than 8 feet (2438 mm) from each end of the braced wall line. Panel sheathing joints shall occur over studs or blocking. Sheathing shall be fastened to studs, top and bottom plates and at panel edges occurring over blocking. Wall framing to which sheathing used for bracing is applied shall be nominal 2 inch wide [actual 1.5 inch (38 mm)] or larger members spaced a maximum of 16 inches on center. Nailing shall be minimum 8d common placed 3/8 inches from panel edges and spaced not more than 6 inches on center, and 12 inches on center along intermediate framing members.

(27) Amend Table 2308.12.4. In footnotes “b” and “c” of Table 2308.12.4, delete all references to “gypsum board,” “lath and plaster,” “Portland cement plaster,” and “gypsum sheathing boards.”

(28) Amend Section 2308.12.5 to read:

2308.12.5 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.12.4 or 2304.9.1. Wall sheathing shall not be attached to framing members by adhesives. All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24-inch (6096 mm) intervals along the top plate of discontinuous vertical framing.

(29) Amend gypsum board and plaster: Delete Section 2505 completely.

(30) Amend Section 3405 as follows:

a. Add section 3405.2.4 to read as follows:

3405.2.4 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California 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 A2, A3, A4 and A5 of the International Existing Building Code shall be permitted to be used as specified in Section 3405.2.4.

3405.2.4.1 Compliance with CBC level seismic forces. Where compliance with the seismic design provisions of the California Building Code is required, the procedures shall be in accordance with one of the following:

1. One-hundred percent of the values in the California Building Code. Where the existing seismic force-resisting system is a type that can be designated as “Ordinary,” the values of R, Ω0, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall be those specified for structural systems classified as “Ordinary” unless it is demonstrated that the structural system will provide performance equivalent to that of a “Detailed,” “Intermediate” or “Special” system.

2. Compliance with ASCE 41 using both BSE-1 and BSE-2 earthquake hazard levels and the corresponding performance levels in Table 3405.2.4.1.

TABLE 3405.2.4.1

PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES

RISK CATEGORY (BASED ON CBC TABLE 1604.5)

PERFORMANCE LEVEL FOR USE WITH ASCE 31 AND WITH ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL

PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE-2 EARTHQUAKE HAZARD LEVEL

I

Life Safety (LS)

Collapse Prevention (CP)

II

Life Safety (LS)

Collapse Prevention (CP)

III

Note a

Note a

IV

Immediate Occupancy (IO)

Life Safety (LS)

a. Acceptance criteria for Occupancy Category III shall be taken as 80 percent of the acceptance criteria specified for Occupancy Category II performance levels, but need not be less than the acceptance criteria specified for Occupancy Category IV performance levels.

3405.2.4.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced California Building Code seismic force levels, the procedures used shall be in accordance with one of the following:

1. The California Building Code using 75 percent of the prescribed forces. Values of R, Ω0, and Cd used for analysis shall be as specified in Section 3405.2.4.1 Item 1.

2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A2, A3, A4 and A5 of the International Existing Building Code as specified in Items 2.1 through 2.5 below shall be deemed to comply with this section.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Risk Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1 of the California Existing Building Code, 2013 Edition.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Risk 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 Risk 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-front wall conditions in multiunit residential buildings of wood construction in Risk 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 in all Risk Categories are permitted to be based on the procedures specified in Appendix Chapter A5.

3. Compliance with ASCE 31 based on the applicable performance level as shown in Table 3405.2.4.2. It shall be permitted to use the BSE-1 earthquake hazard level as defined in ASCE 41 and subject to the limitations in item 4 below.

4. Compliance with ASCE 41 using the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3405.2.4.2. The design spectral response acceleration parameters Sxs and Sx1 specified in ASCE 41 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the California Building Code and its reference standards.

TABLE 3405.2.4.2

PERFORMANCE CRITERIA FOR REDUCED CBC LEVEL SEISMIC FORCES

RISK CATEGORY (BASED ON CBC TABLE 1604.5)

PERFORMANCE LEVEL FOR USE WITH ASCE 31

PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL

I

Life Safety (LS)

Life Safety (LS)

II

Life Safety (LS)

Life Safety (LS)

III

Note a, Note b

Note a

IV

Immediate Occupancy (IO)

Immediate Occupancy (IO)

a. Acceptance criteria for Risk Category III shall be taken as 80 percent of the acceptance criteria specified for Risk Category II performance levels, but need not be less than the acceptance criteria specified for Risk Category IV performance levels.

b. For Risk Category III, the ASCE screening phase checklists shall be based on the life safety performance level.

3405.2.4.3 Referenced Standards

Standard Referenced Number

TITLE

Reference In Code Section Number

ASCE 31-03

Seismic Evaluation of Existing Buildings

3405.2.4.1,
TABLE 3405.2.4.1

3405.2.4.2,
TABLE 3405.2.4.2

ASCE 41-06

Seismic Rehabilitation of Existing Buildings including Supplement No. 1

3405.2.4.1, TABLE 3405.2.4.1

3405.2.4.2, TABLE 3405.2.4.2

(31) Building Code Appendix Chapters to Be Adopted. The 2016 CBC is further amended by adopting the following appendix chapters:

a. Appendix C—Agricultural Buildings.

b. Appendix G—Flood Resistant Construction. (If any condition or requirements conflict with FEMA, FEMA conditions shall govern.)

c. Appendix I—Patio Covers.

d. Appendix J—Grading.

(32) Add subsections to Section J110, Erosion Control, to read:

Section J110.3 Erosion Control.

a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information:

1. Maximum surface runoff from the site as calculated using the method approved by the Building Official.

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and methods of applying mulches to be used.

3. A delineation and brief description of vegetative measures to be taken, including but not limited to, seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.

b. No improvements planned. Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must:

1. Submit an Interim Plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved.

2. Submit a request for release after the completion of grading.

c. Work Schedule. The applicant must submit a master work schedule showing the following information:

1. Proposed grading schedule.

2. Proposed conditions of the site on each July 15, August 15, September 15, and October 15 during which the permit is in effect.

3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion control devices and vegetative measures on each of the dates set forth in Subsection (2).

4. Schedule for construction of final improvements, if any.

5. Schedule for installation of permanent erosion and sediment devices where required.

d. Season Work (October 15 to April 15).

1. For commencement of the grading during the wet season, applicant must provide special documentation, as required by Building Official, showing the reasons other than financial, for the need to commence at that time.

2. For continuation of activities, other than installation, maintenance or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive in writing from the Building Official, every five (5) working days, special permission to proceed.

3. The Building Official shall grant permission under this subsection on the basis of weather forecasts, experience and other pertinent factors, which indicate the activity, may occur without excessive erosion occurring.

(33) Add new Section J110.4 to read:

Section J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance.

(34) Add new Section J110.5 to read:

Section J110.5 Archeological Discovery. If in the course of any grading operation, any artifacts, human remains, or substantial fossils are discovered, all grading operations shall cease, and the discovery site shall be suitably marked and protected from further damage. A report of such findings shall be as outlined in the Zoning Ordinance. Specifically, if human remains are discovered, the Sheriff-Coroner and the Building Official shall be notified. If no human remains are discovered, but artifacts or significant fossils are discovered, the Building Official shall be notified.

(35) Add new Section J110.6 to read:

Section J110.6.1 Work Stoppage. Whenever the Building Official determines that the work does not comply with the terms of the permit or of this Ordinance Section, he or she may order the immediate cessation of all work hereunder until such corrective measures have been completed.

Section J110.6. 2 Right of Entry. Whenever the Building Official or designated subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion and/or a violation of this Ordinance Section, he/she may enter such site at all reasonable times to inspect the same, to perform any duty imposed upon him/her by this Ordinance Section; providing that if such premises are occupied, he/she shall first present proper credentials and request entry, and if the premises are found to be unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of said premises and request entry. If such entry is refused or the owner or person having charge or control cannot be located after reasonable effort, the Building Official shall have recourse to every remedy provided by law to secure entry and abate the erosion or violation.

Section J110.6.3 Notification of Violation. Any person found to be in violation of the provisions of this Ordinance Section shall be required to correct the problem upon written notification from the Building Official or designated subordinate(s). Such written notification may require that certain conditions be adhered to in the correction of the problem. These may include, but are not limited to, the following:

a. Use of specific erosion control techniques

b. Submittal of plans and specifications to be approved by the Community Development Department, and any other department affected by such work, prior to the commencement of corrective work.

c. Completion of corrective work within a specified time period.

Section J110.6.4 Abatement of Violation. If the responsible party fails to act in response to written notification of the Building Official, the violation may be declared a public nuisance and be abated as required to restore the site to its original condition. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, or other body of water, or significant habitat or archeological site, the Building Official may have the necessary corrective work done and bill the property owner or lien the property for repayment.

Section J110.6.5 Penalties.

a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating, or causing or permitting the violation of any of the provisions of this Ordinance Section shall be subject to citations and penalties set forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A.

b) Each separate day or portion thereof during which any violation occurs or continues without a good faith effort by the responsible person to correct the violation, shall be deemed to constitute a separate offense.

c) In addition to the above noted penalties, the Building Official is hereby authorized to attach an investigation fee up to twice the grading permit fee, to any such permit issued for corrective action.

Section J110.6.6 Enforcement. The Building Official and or his/her designated subordinate(s) is hereby authorized and directed to enforce all the provisions of this Ordinance Section. For such purpose, the Building Official shall have the powers of a law enforcement officer.

Section J110.6.7 Appeals. Any person who believes the Building Official has erred in the technical application of this Ordinance Section may appeal such action to the Building Board of Appeals.

(b) The following modifications and changes as recommended by the building official are adopted to the California Residential Code, 2016 Edition, which is the 2015 International Residential Code as amended by the State of California:

(1) Amend Sections 1.8.3, 1.8.4, 1.8.6, and 1.8.7 as follows: Delete Sections 1.8.3, 1.8.4, 1.8.6, and 1.8.7.

(2) Amend Section R109.1 note as follows:

R109.1 Types of inspections. For onsite construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as complete or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. The building official upon notification of the permit holder or their agent within a reasonable time shall make the inspections, as minimum, set forth in Section R109.1.1, R109.1.1.1, R109.1.3, R109.1.4, R109.1.4.1, R109.1.5, R109.1.5.1, R109.1.5.2 and R109.1.6.

Note: Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the enforcing agency. Protection of joints and penetrations in fire-resistive assemblies shall not be concealed from view until inspected and approved. All wiring, mechanical, and plumbing appurtenances no longer in use shall be removed unless otherwise approved in writing by the Building Official.

(3) Amend Section R301.1.1 as follows: Delete Item 1 of this section.

(4) Amend Section 301.2.1.1 as follows: Delete Item 1 of this section.

(5) Amend Section R303 as follows:

a. The title for this section is amended to read as follows:

LIGHT, VENTILATION, HEATING, AND SOUND TRANSMISSION

(6) Add Section R303.10 of Chapter 3 to read as follows:

R303.10 Sound transmission. For sound transmission control between attached dwelling units, see Section 1207 of the California Building Code.

(7) Amend Section R313 as follows:

a. R313.1 exception is amended as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed unless required by the Gilroy Fire Code or 2016 California Fire Code.

b. R313.2 exception is amended as follows:

Exception: An automatic residential fire sprinkler system shall not be required for additions or alternatives to existing buildings that are not already provided with an automatic residential sprinkler system unless required by the Gilroy Fire Code or 2016 California Fire Code.

(8) Amend first paragraph and the exception of Section R403.1.3 to read as:

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

R403.1.3 Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

(9) Amend footnote of Table R602.10.3(3):

a. Add footnote “e” to the end of Table R602.10.1.3(3) to read as follows:

d. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Methods PCP, SFB, and HPS is limited to one-story single family dwellings and accessory structures.

(10) Add Subsection R602.10.4.4 to read:

R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures.

(11) Adds Section R902.1.5 to read:

R902.1.5 Roofing. Class A or Class B roof covering shall be required for all Hillside Construction.

(12) California Residential Code appendix chapters to be adopted:

a. Appendix H—Patio Covers.

b. Appendix K—Sound Transmission.

(c) 2016 California Mechanical Code. The following modifications and changes as recommended by the building official are adopted to the California Mechanical Code, 2016 Edition, which is the 2015 Uniform Mechanical Code with California amendments:

(1) Amend 2016 CMC Section 1201.3.8.1, Wall Thickness. Amended to read:

Tubing shall be at least Type K for condensate return lines, and Type L for steam condenser cooling water lines, underground water lines, and above ground water lines. Type M shall not be used.

(d) The following modifications and changes as recommended by the building official are adopted to the California Plumbing Code, 2016 Edition, which is the 2015 Uniform Plumbing Code with California amendments and Appendix A, Appendix B, Appendix D, Appendix I, and Appendix K:

(1) Delete 2016 CPC Section 604.2 exception.

(2) Delete 2016 CPC Section 609.3 and amend to read:

609.3 Water piping shall not be installed in or under a concrete floor slab within a building without prior approval of the Building Official. When approved, such piping shall be installed within a chase or conduit for easy replacement

(3) Amend 2016 CPC Section 609.4, Testing, to read:

Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water or air pressure not less than 100 pound per square inch (psi) in new water supply piping and 60 psi for existing piping system. The water used for tests shall be obtained from a portable source of supply. The piping shall withstand the test without leaking for a period of not less than fifteen (15) minutes.

(4) Amend 701.1.2.a (HCD 1 and HCD 2) to read:

ABS and PVC installations are limited to not more than two stories in areas of residential accommodation in a three story building. ABS and PVC are not allowed in any story of a four or more story building.

(5) Amend 2016 CPC Section 719, Clean-outs.

a. Add new section to read:

719.1.1 A clean-out shall be installed on private property adjacent to property line where the private sewer system connects to the public sanitary sewer lateral. All such line clean-outs shall be extended to grade with materials according to specifications approved by the Administrative Authority and terminate within a concrete box or an approved Christy box.

Exception: Exception: If the lateral does not exceed 12 ft. from the back of sidewalk to the building drain clean-out, and the run must be substantially straight.

(6) Amend 2016 CPC Section 1208.5.3.4 to read:

1208.5.3.4 Corrugated stainless steel tubing shall be allowed in residential attic spaces only and shall be tested and listed in compliance with the construction, installation, and performance requirements of CSA LC-1, Standard for Fuel Gas Piping Systems Using Corrugated Stainless Steel Tubing. [NFPA 54;5.6.3.4]

(e) 2015 International Property Maintenance Code—2015 International Property Maintenance Code with Appendix A. The following modifications and changes are recommended prior to adopting this code:

(1) The codes, standards and references in this code should be revised as follows:

Delete the following references

Insert the following code references

International Building Code

2016 California Building Code

International Mechanical Code

2016 California Mechanical Code

National Electrical Code

2016 California Electrical Code

International Fire Code

2016 California Fire Code

International Plumbing Code

2016 California Plumbing Code

International Existing Building Code

2016 California Existing Building Code

International Residential Code

2016 California Residential Code

International Zoning Code

City of Gilroy Zoning Ordinance

International Fuel Gas Code

No reference

Name of Jurisdiction

City of Gilroy

Jurisdiction to insert appropriate schedule

Current City of Gilroy Comprehensive fee schedule

Board of appeals

Hearing Officer

(2) Amend 2015 International Property Maintenance Code, Hereinafter 2015 IPMC, Section 104.3, Right of Entry. Add the following paragraph:

Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means.

(3) Amend 2015 IPMC Section 106.1. Amended to read:

106.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premise, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or the technical codes.

(4) Amend 2015 IPMC Section 107.4. Amended to read:

107.4 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor.

(5) Amend 2015 IPMC Section 107. Add the following section:

107.7 Recordation of Notices and Orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property and certifying (i) that the premise, building, structure or building service equipment is in violation of this code or the technical codes and (ii) that the owner has been so notified. Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, the code official shall issue a new certificate certifying that all required corrections have been made.

(6) 2015 IPMC Section 108.1. Delete the word: “condemned.”

Replace with the words: “posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal.”

(7) Amend 2015 IPMC Section 108.1.4. Amended to read:

108.1.4 Unlawful structure. An unlawful structure is; one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

(8) Amend 2015 IPMC Section 108.2. Delete the word: “of condemnation.”

(9) Amend 2015 IPMC Section 108.3. Amended to read:

108.3 Notice. Whenever the code official posts a structure, equipment or premise under the provisions of this section, the posting shall be in a conspicuous place in or about the affected structure, equipment or premise and a notice in the form specified in Section 107.2 shall be served on the owner, owner’s authorized agent or the person or persons responsible for the structure, equipment or premise. If the posting pertains to equipment, it shall also be placed on the equipment.

(10) Amend 2015 IPMC Section 108.4. Amended to read:

108.4 Placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order regarding the structure, equipment or premise, and specify the conditions which necessitated the posting.

(11) Amend 2015 IPMC Section 108.4.1. Amended to read:

108.4.1 Placard removal. The code official shall remove the placard whenever the defect or defects upon which the placarding action was based has been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code.

(12) Amend 2015 IPMC Section 108.5. Amended to read:

108.5 Prohibited occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code officials posted order.

(13) Amend 2015 IPMC Section 111.1. Amended to read:

111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the hearing officer, provided that a written application for appeal is filed within 30 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

(14) Delete 2015 IPMC Section 111.2, Membership of the Board, through Section 111.6.2, Administration.

(15) Amend 2015 IPMC Section 112.4. Delete the words: “liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.” Replace with the words: “liable for penalties pursuant to Gilroy Municipal Code Sec 1.7.”

(16) Amend 2015 IPMC Section 202. Amended to read:

202 GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code Sec. 12.1.

(17) Amend 2015 IPMC Section 202. Add the following paragraph:

INOPERABLE MOTOR VEHICLE A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

(18) Amend 2015 IPMC Section 202. Amended to read:

202 RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code Sec. 12.1.

(19) Amend 2015 IPMC Section 202. Add the following definition:

202 TEMPORARY shall mean buildings, facilities or structures intended for use at one location for not more than one year.

(20) Amend 2015 IPMC Section 302.1. Amended to read:

302.1 Sanitation. The property exterior and premises shall be maintained by the property owner in a clean, safe and sanitary condition. In residential zones accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy-two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Gilroy Municipal Code Section 13.1(b) shall also comply with the requirements of Municipal Code Section 5B.2(d)(1).

(21) Amend 2015 IPMC Section 302.2, Grading and Drainage. Add the following sentence at the end of the paragraph:

Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

(22) Amend 2015 IPMC Section 302.3, Sidewalks and Driveways. Add the following paragraph:

The owner of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe and sanitary condition. Maintenance shall include the removal and proper disposal, by methods approved by the City of Gilroy, of any dangerous, unsightly and unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other substances or items, which have been placed, dropped or spilled upon the sidewalks. Where said unsightly or unsanitary conditions have been created or caused by the owner of such building, lot or premises, whether upon the sidewalks and/or walkways located upon his premises or the public sidewalks between such premises and any adjacent public street or alley, or the sidewalks adjacent to buildings, lots or premises in the vicinity, the owner shall immediately restore the sidewalks and/or walkways to a clean, safe and sanitary condition.

(23) Amend 2015 IPMC Section 302.4, Weeds, Paragraph 1. Amended to read:

302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit excess weeds to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. All noxious weeds shall be prohibited. Weeds shall be defined per Municipal Code Section 12.45.

(24) Amend 2015 IPMC Section 302.8, Motor vehicles, Exception. Amended to read:

302.8 Exception: An owner, lessee, or occupant of the property may repair, wash, clean, or service personal property, provided they comply with Gilroy Zoning Ordinance and Municipal Codes requirements.

(25) Amend 2015 IPMC Section 303.2, Enclosures. Delete the first sentence.

Replace with:

303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely enclosed by a fence or barrier at least 60 inches (1524 mm) in height above the finished ground level measured on the side of the barrier away from the pool pursuant to City Gilroy Pool Safety Policy No. I-4 Fences and Barriers. The vertical clearance from the ground to the bottom of the enclosure shall be a maximum of two inches (2"). The maximum vertical clearance at the bottom of the barrier may be increased to four inches (4") when the grade is a solid surface such as a concrete deck. On wood fences with horizontal members spaced less than forty-five inches (45") apart, the horizontal members shall be placed on the poolside of the barrier. The outside surface of the barrier shall be free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that would render the barrier to be easily climbable.

(26) Amend 2015 IPMC Section 303.2, Enclosures, last sentence. Amended to read:

No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

(27) Delete 2015 IPMC Section 304.3, Premises identification.

(28) Amend 2015 IPMC Section 304.14, Insect Screens, first sentence.

Delete the words: “During the period from [DATE] to [DATE].”

(29) Amend 2015 IPMC Section 304.15, Doors, first sentence. Amended to read:

304.15 Doors. All exterior doors, door assemblies including weather stripping, thresholds and hardware shall be maintained in good condition.

(30) Amend 2015 IPMC Section 304.16. Amended to read:

304.16 Under-Floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding ¼ inch in any dimension or alternate approved materials pursuant to 2016 CBC 1203.4.1

(31) Amend 2015 IPMC Section 304.18.2. Amended to read:

304.18.2 Windows. Operable windows that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform.

(32) Amend 2015 IPMC Section 305.1, General, first sentence. Amended to read:

305.1 General The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition.

(33) Amend 2015 IPMC Section 305.6. Amended to read:

305.6 Interior Doors. Every interior door and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed and latched. Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

(34) Amend 2015 IPMC Section 308.3.1. Amended to read:

308.3.1 Garbage facilities. The owner of every dwelling unit or the proprietor, manager, owner or lessee of any hotel, restaurant, boardinghouse, rooming house or other place of business in the city shall be responsible for providing an approved leak-proof, covered, outside garbage receptacle for each dwelling unit or place of business pursuant to Gilroy Municipal Code Section 12.18. Receptacles shall be placed in the proper area for collection the evening prior to collection and shall be removed and stored by the morning after. For dwelling units, receptacles shall be stored in the side yard adjacent to the house or garage. Where the code official repeatedly finds a site in violation of Municipal code section 5B.2(d)(2) or 5C.7, he or she may require the property owner to provide an additional or larger outside garbage container for the premise to use.

(35) Amend 2015 IPMC Section 309.1. Amended to read:

309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found, shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified profession attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

(36) Amend 2015 IPMC Section 309.2. Amended to read:

309.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/or pest-free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise “as clean and sanitary as the condition of the structure or premise permits”. For as long as the occupants failure either substantially causes an unlivable condition to occur, or substantially interferes with the owners ability to repair the condition, the owner does not have to repair the condition. Where the infestation is caused by defects in the structure, the owner shall be responsible for extermination.

(37) Delete 2015 IPMC Section 309.3, Single Occupant, through Section 309.5, Occupant.

(38) Amend 2015 IPMC Section 404.4.1, Room Area. Amended to read:

404.4.1 Room Area Every habitable room except kitchens shall contain not less than 70 square feet (6.5 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.

(39) Amend 2015 IPMC Section 505.4. Delete the words: “adequate combustion air is provided.”

Replace with the words: “the installation complies with Chapter 5 of the 2016 California Plumbing Code and Section 904.0 of the 2016 California Mechanical Code.”

(40) Amend 2015 IPMC Section 602.2, Residential occupancies, first sentence. Amended to read:

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms at a point 3 feet above the floor and 2 feet from exterior walls.

(41) Delete 2015 IPMC Section 602.2, Residential occupancies; Exception: only.

(42) Amend 2015 IPMC Section 602.3, Heat Supply. Delete the words: “during the period from [DATE] to [DATE].”

(43) Amend 2015 IPMC Section 602.3, Heat Supply; Exceptions: 1. Last sentence. Amended to read:

The winter outdoor design temperature for the locality shall be 32°F.

(44) Delete 2015 IPMC Section 602.3 Heat Supply; Exceptions: 2. only.

(45) Delete 2015 IPMC Section 602.4, Occupiable work spaces.

(46) Amend 2015 IPMC Section 604.3. Amended to read:

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring, deterioration, damage or installation including the improper use of extension cords as permanent wiring, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

(47) Amend 2015 IPMC Section 702.1, General. Replace the words: “International Fire Code” with: “2016 California Fire Code, and 2016 California Building Code.” (Ord. No. 2007-24, §§ IV—IX, 12-17-07; Ord. No. 2008‑03, §§ IV—IX, 1-22-08; Ord. No. 2010-17, §§ IV—IX, 11-15-10; Ord. No. 2013-11, §§ 4—9, 11-18-13; Ord. No. 2016-17, §§ 4, 5, 7—9, 11-21-16)

6.8 Reserved.

ARTICLE III. RESERVED2

6.9—6.12 Reserved.

ARTICLE IV. BUILDING SECURITY

6.13 Scope.

(a) The provisions of this chapter shall apply to all activities for which a building permit is required by the ordinances of this city. The requirements of this chapter shall apply to existing buildings to the same extent as the requirements of the Uniform Building Code apply to existing buildings.

(b) Existing multiple-family dwelling units which, on the effective date of the ordinance codified in this article, are rented or leased, but thereafter are converted to privately owned family units, including condominiums, shall comply with the special residential building provisions of this chapter.

(c) Any existing structure which converts from its original occupancy group as designated in the Uniform Building Code shall comply with the provisions of this chapter.

(d) Any building which requires special type releasing, latching, or locking devices under the provisions of the Uniform Building Code or Title 19 of the California Administrative Code shall be exempt from the provisions of this article relating to locking devices of interior and/or exterior doors. (Ord. No. 85-17, § 1, 10-21-85)

6.14 Definitions.

Except as otherwise defined in this article, all terms used herein, which are defined by applicable state law, together with any amendments thereto, are used in this article as so defined, unless from the context hereof it clearly appears that a different meaning is intended.

(a) “Approved” means certified as meeting the requirements of this chapter by the enforcing authority or its authorized agents, or by other officials designated by law to give approval on a particular matter dealt with by the provisions of this chapter with regard to a given material, mode of construction, piece of equipment or device.

(b) “Auxiliary locking device” means a secondary locking system added to the primary locking system to provide additional security.

(c) “Bolt” is a metal bar which, when actuated, is projected (or thrown) either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door or window from moving or opening.

(d) “Bolt projection” or “bolt throw” is the distance from the edge of the door, at the bolt center line, to the farthest point on the bolt in the projected position.

(e) “Burglary resistant glazing” means those materials as defined in U.L. Bulletin 972.

(f) “Commercial building” is a building, or portion thereof, used for a purpose other than a residential dwelling.

(g) “Component,” as distinguished from a “part,” is a subassembly which combines with other components to make up a total door or window assembly. For example, the primary components of a door assembly include: door, lock, hinges, jamb/wall, jamb/strike and wall.

(h) “Cylinder” is the subassembly of a lock containing the cylinder core, tumbler mechanism and the keyway. A double-cylinder lock is one which has a key-actuated cylinder on both the exterior and interior of the door.

(i) “Cylinder core” or “cylinder plug” is the central part of a cylinder containing the keyway, which is rotated by the key to operate the lock mechanism.

(j) “Cylinder guard” is a tapered or flush metal ring or plate surrounding the otherwise exposed portion of a cylinder lock to resist cutting, drilling, prying, pulling, or wrenching with common tools.

(k) “Deadbolt” is a lock bolt which does not have a spring action as opposed to a latch bolt, which does. The bolt must be actuated by a key or a key and a knob or thumb turn and when projected becomes locked against return by end pressure.

(l) “Dead latch” or “deadlocking latch bolt” is a spring-actuated latch bolt having a beveled end and incorporating a plunger which, when depressed, automatically locks the projected latch bolt against return by end pressure.

(m) “Door assembly” is a unit composed of a group of parts or components which make up a closure for an opening to control passageway through a wall. For the purposes of this chapter, a door assembly consists of the following parts: door; hinges; locking device or devices; operation contacts (such as handles, knobs, push plates); miscellaneous hardware and closures; the frame, including the head, threshold and jambs plus the anchorage devices to the surrounding wall and a portion of the surrounding wall extending thirty-six (36) inches from each side of the jambs and sixteen (16) inches above the head.

(n) “Door stop” is that projection along the top and sides of a door jamb which checks the door’s swinging action.

(o) “Double cylinder deadbolt” is a deadbolt lock which can be activated only by a key on both the interior and the exterior.

(p) “Dwelling” is a building or portion thereof designed exclusively for residential occupancy, including single-family and multiple-family dwellings.

(q) “Enforcing authority” means the chief of police or his authorized representative.

(r) “Flushbolt” is a manual, key- or turn-operated metal bolt normally used on inactive door(s) and is attached to the top and bottom of the door and engages in the head and threshold of the frame.

(s) “Fully tempered glass” means those materials meeting or exceeding ANSI standard Z 97.1—Safety Glazing.

(t) “Jamb” means the vertical members of a door frame to which the door is secured.

(u) “Jamb/wall” is that component of a door assembly to which a door is attached and secured; the wall and jamb used together are considered a unit.

(v) “Key-in-knob” is a lock set having the key cylinder and other lock mechanisms contained in the knob.

(w) “Latch” or “latch bolt” is a beveled, spring-actuated bolt which may or may not have a deadlocking device.

(x) “Lock” or “lock set” is a keyed device (complete with cylinder, latch or deadbolt mechanism, and trim such as knobs, levers, thumb turns, escutcheons, etc.) for securing a door in a closed position against forced entry. For the purposes of this chapter, a lock does not include the strike plate.

(y) “Locking device” is a part of a window assembly which is intended to prevent movement of the movable sash, which may be the sash lock or sash operator.

(z) “Multiple-family dwelling” is a building or portion thereof designed for occupancy by two (2) or more families living independently of each other, including hotels, motels, apartments, duplexes and townhomes.

(aa) “Part,” as distinguished from “component,” is a unit (or subassembly) which combines with other units to make up a component.

(bb) “Primary locking device” means the single locking system on a door or window unit whose primary function is to prevent unauthorized intrusion.

(cc) “Single-family dwelling” is a building designed exclusively for occupancy by one family.

(dd) “Rail” is the horizontal member of a window or door. A meeting rail is one which mates with a rail of another sash or a framing member of the door or window frame when the sash is in the closed position.

(ee) “Sash” is an assembly of stiles, rails, and sometimes mullions assembled into a single frame which supports the glazing material. A fixed sash is one which is not intended to be opened. A movable sash is intended to be opened.

(ff) “Sill” is the lowest horizontal member of a window frame.

(gg) “Single-cylinder deadbolt” is a deadbolt lock which is activated from the outside by a key and from the inside by a knob, thumb-turn, lever, or similar mechanism.

(hh) “Solid core door” is a door composed of solid wood or composed of compressed wood equal in strength to solid wood construction.

(ii) “Stile” is a vertical framing member of a window or door.

(jj) “Strike” is a metal plate attached to or mortised into a door or door jamb to receive and to hold a projected latch bolt and/or deadbolt in order to secure the door to the jamb.

(kk) “Swinging door” is a door hinged at the stile or at head and threshold.

(ll) “U.L. listed” means tested and listed by Underwriters’ Laboratory, Inc.

(mm) “Window assembly” is a unit which includes a window and the anchorage between the window and the wall.

(nn) “Window frame” is that part of a window which surrounds and supports the sashes and is attached to the surrounding wall. The members include side jambs (vertical), head jamb (upper, horizontal), sill and mullions. (Ord. No. 85-17, § 1, 10-21-85)

6.15 Enforcement.

The city administrator, or authorized representatives, are hereby empowered and directed to administer and enforce the provisions of this article. Plans and specifications for any proposed construction must, however, be approved by the chief building inspector or authorized representatives, in accordance with the provisions of this article. No building permit is to be finally approved unless the applicant has satisfied the enforcing authority that all provisions of this article have been met. (Ord. No. 85-17, § 1, 10-21-85)

6.16 Violations and penalties.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, move, improve, convert, or equip, use, occupy or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and shall be punishable for each offense, by a fine of not more than five hundred dollars ($500.00), or by confinement in jail for not more than six (6) months, or by both fine and confinement in jail. (Ord. No. 85-17, § 1, 10-21-85)

6.17 Severability.

This article shall be deemed supplemental to any local, state or federal laws, regulations or codes dealing with life safety factors.

If any subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the chapter or its application to other persons. (Ord. No. 85-17, § 1, 10-21-85)

6.18 Alternate materials and methods of construction.

The provisions of this article are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter provided any such alternate has been approved by the enforcing authority, nor is it the intention of this article to exclude any sound method of structural design or analysis not specifically provided for in this chapter. Materials, methods of construction, or structural design limitations provided for in this article are to be used unless an exception is granted by the enforcing authority.

The enforcing authority may approve any such alternate provided they find the proposed design, material, and method of work to be for the purpose intended, at least equivalent to that prescribed in this chapter in quality, strength, effectiveness, burglary resistance, durability and safety. (Ord. No. 85-17, § 1, 10-21-85)

6.19 Appeals.

In case of any dispute regarding the suitability of alternate materials and/or methods of construction, the decision of the enforcing authority may be appealed to the building department board of appeals. The chief of police, or designee, will provide testimony, either orally or in writing, or both, in the form of a recommendation to the board of appeals. All board of appeal procedures will be followed as in any other building-related appeal. (Ord. No. 85-17, § 1, 10-21-85)

6.20 Keying requirements.

Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development, constructed under the same development plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. (Ord. No. 85-17, § 1, 10-21-85)

6.21 Frames, jambs, strikes and hinges.

Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows:

(a) Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6) inches each side of the strike.

(b) In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings.

(c) Door stops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike.

(d) The strike plate for deadbolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze, or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached.

(e) Hinges for out-swinging doors shall be equipped with non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. (Ord. No. 85-17, § 1, 10-21-85)

6.22 Windows and sliding glass doors.

The following requirements must be met for windows and sliding glass doors:

(a) Except as otherwise provided by this chapter, all operable exterior windows and sliding glass doors shall comply with the tests set forth herein.

(b) Louvered windows shall not be used when portion of the window is less than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. (Ord. No. 85-17, § 1, 10-21-85)

6.23 Garage-type doors; rolling overhead, solid overhead, swing, sliding or accordion.

All garage doors shall conform to the following standards:

(a) Wood doors shall have panels a minimum of five-sixteenths inch in thickness with the locking hardware being attached to the support framing.

(b) Aluminum doors shall be a minimum thickness of 0.0215 inch and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door.

(c) Fiberglass doors shall have panels a minimum density of six (6) ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less than five (5) ounces per square foot.

(d) Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch.

(e) Doors that exceed sixteen (16) feet in width, but do not exceed nineteen (19) feet in width, shall have the following options as to locking devices:

(1) Two (2) lock receiving points, or one garage door type slide bolt may be used if mounted no higher than twenty-six (26) inches from the bottom of the door;

(2) A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header;

(3) Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this article.

(f) Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal device to open said door.

(g) Doors with slide bolt assemblies shall have frames a minimum of 0.120 inch in thickness, with a minimum bolt diameter of one-half inch and protrude at least one and one-half inches into the receiving guide. A bolt diameter of three-eighths inch may be used in a residential building. The slide bolt shall be attached to the door with nonremovable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies.

(h) Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at heel and toe and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position. Padlock(s) used with interior mounted slide bolt(s) shall have a hardened steel shackle with a minimum four (4) pin tumbler operation. (Ord. No. 85-17, § 1, 10-21-85)

6.24 Special residential building provisions.

(a) Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows:

(1) All wood doors shall be of solid core construction with a minimum thickness of one and three-quarters inches, or with panels not less than nine-sixteenths inch thick.

(2) A single or double door shall be equipped with a single cylinder deadbolt lock. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth inch in diameter. A dual locking mechanism constructed so that both deadbolt and latch can be retracted by a single action of the inside door knob, or lever, may be substituted provided it meets all other specifications for locking devices.

(3) The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eights inch into the head and threshold of the door frame.

(4) Glazing in exterior doors or within twelve (12) inches of any locking mechanism shall be of fully tempered glass or rated burglary-resistant glazing.

(5) Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle (180 degree) door viewer, not to be mounted more than fifty-eight (58) inches from the bottom of the door.

(b) Street numbers and other identifying data shall be displayed as follows:

(1) All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. The numerals and a light source shall be contained within a single weather-resistant fixture providing illumination of the numerals during all hours of darkness.

(2) There shall be positioned at each entrance of a multiple-family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and/or pedestrian traffic.

(c) Lighting in multiple-family dwellings shall be as follows:

(1) Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty-five one hundredths (.25) foot candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather- and vandalism-resistant covers.

(2) Open parking lots and carports shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather- and vandalism-resistant covers. (Ord. No. 85-17, § 1, 10-21-85)

6.25 Special commercial building provisions.

(a) Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows:

(1) Wood doors shall be of solid core construction with a minimum thickness of one and three-fourths inches. Wood panel doors with panels less than one inch thick shall be covered on the inside with a minimum sixteen (16) U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six (6) inch centers. Hollow steel doors shall be of a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designated thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around any locking device.

(2) Except when double cylinder deadbolts are utilized, any glazing in exterior doors or within forty-eight (48) inches of any door-locking mechanism shall be constructed or protected as follows:

a. Fully tempered glass or rated burglary resistant glazing; or

b. Iron or steel grills of at least one-eighth inch material with a minimum two (2) inch mesh secured on the inside of the glazing may be utilized; or

c. The glazing shall be covered with iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material, spaced not more than five (5) inches apart, secured on the inside of the glazing.

d. Items b and c above shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code.

(b) All swinging exterior wood and steel doors shall be equipped as follows:

(1) A single or double door shall be equipped with a double-cylinder deadbolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths inch into the strike-receiving projected bolt. The cylinder shall have a cylinder guard minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth inch in diameter. The provisions of the preceding paragraph do not apply where:

a. Panic hardware is required; or

b. An equivalent device is approved by the enforcing authority.

(2) Double doors shall be equipped as follows:

a. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eighths inch into the head and threshold of the door frame.

b. Double doors shall have an astragal constructed of steel a minimum of 0.125 inch thick which will cover the opening between the doors. The astragal shall be a minimum of two (2) inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more than ten (10) inch centers. (The door to which such an astragal is attached must be determined by the fire-safety codes adopted by the enforcing authority.)

(c) Aluminum frame swinging doors shall be equipped as follows:

(1) The jamb on all aluminum frame swinging doors shall be so constructed or protected to withstand one thousand six hundred (1,600) pounds of pressure in both a vertical distance of three (3) inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike.

(2) A single or double door shall be equipped with a double-cylinder deadbolt with a bolt projection exceeding one inch, or a hook-shaped bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five (5) pin tumblers and a cylinder guard.

(d) Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows:

(1) Panic hardware shall contain a minimum of two (2) locking points on each door; or

(2) On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel 0.125 inch thick which shall be attached with nonremovable bolts to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached.

(3) Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door.

(e) Horizontal sliding doors shall be equipped with a metal guide track at top and bottom and a cylinder lock and/or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position.

(f) In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors.

(g) Windows shall be deemed accessible if less than twelve (12) feet above ground. Accessible windows and all exterior transoms having a pane exceeding ninety-six (96) square inches in an area with the smallest dimension exceeding six (6) inches and not visible from a public or private vehicular accessway shall be protected in the following manner:

(1) Fully tempered glass or burglary-resistant glazing; or

(2) The following window barriers may be used but shall be secured with nonremovable bolts:

a. Inside or outside iron bars of at least one-half inch round or one inch by one-quarter inch flat steel material, spaced not more than five (5) inches apart and securely fastened; or

b. Inside or outside iron or steel grills of at least one-eighth inch material with not more than a two (2) inch mesh and securely fastened.

(3) If a side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with hardened steel shackle, a minimum four (4) pin tumbler operation.

(4) The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code.

(h) Roof openings shall be equipped as follows:

(1) All skylights on the roof of any building or premises used for business purposes shall be provided with:

a. Rated burglary-resistant glazing; or

b. Iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material under the skylight and securely fastened; or

c. A steel grill of at least one-eighth inch material with a maximum two (2) inch mesh under the skylight and securely fastened.

(2) All hatchway openings on the roof of any buildings or premises used for business purposes shall be secured as follows:

a. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) U.S. gauge sheet metal, or its equivalent, attached with screws.

b. The hatchway shall be secured from the inside with a slide bar or slide bolts.

c. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.

(3) All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following:

a. Iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material spaced no more than five (5) inches apart and securely fastened; or

b. Iron or steel grills of at least one-eighth inch material with a maximum two inch mesh and securely fastened.

c. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior.

d. The above (a and b) must not interfere with venting requirement creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code.

(i) Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with a case hardened hasp, secured with nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin-type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position.

(j) The following standards shall apply to lighting, address identification and parking areas:

(1) The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six (6) inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building.

(2) All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot candle of light. All exterior bulbs shall be protected by weather-and vandalism-resistant cover(s).

(3) Open parking lots, and access thereto, providing more than ten (10) parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot-candle of light on the parking surface from dusk until the termination of business every operating day.

(k) Elevators shall be equipped as follows:

(1) Passenger elevators, the interiors of which are not completely visible when the car door(s) is open, shall have mirrors so placed as to make visible the whole of the elevator interior to prospective passengers outside the elevator; mirrors shall be framed and mounted to minimize the possibility of their accidentally falling or shattering.

(2) Elevator emergency stop button shall be so installed and connected as to activate the elevator alarm. (Ord. No. 85-17, § 1, 10-21-85)

6.26 Tests.

(a) It shall be the responsibility of the owner of record, or owner with right of sole possession, or owner, or his designated agent, of a building or structure falling within the provisions of this chapter to provide the enforcing authority with a written specification performance test report indicating that the materials utilized meet the minimum requirements.

(b) Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate materials or methods of construction, the enforcing authority may require tests as proof of compliance to be made at the expense of the owner or his agent by any agency which is approved by the enforcing authority.

(c) Test requirements are on file with the chief building official. (Ord. No. 85-17, § 1, 10-21-85)

6.27 Buildings to support adequate public safety radio coverage.

Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than twenty (20) percent to any building or structure with over ten thousand (10,000) square feet, which fails to support adequate radio coverage for the city’s public safety communication systems, which shall include but not be limited to voice and data communications for police and fire division personnel.

For purposes of this section, adequate radio coverage shall include all of the following:

(1) A minimum signal strength of 95 dBm available in ninety percent (90%) of the area of each floor of the building when transmitted from the closest city public safety communications system site;

(2) A minimum signal strength of 95 dBm received at the closest city public safety communications system site when transmitted from ninety (90) percent of the area of each floor of the building;

(3) The frequency range which must be supported shall be 150—174MHz (voice) and unknown MHz (data); and

(4) A ninety (90) percent reliability factor. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.28 Amplification systems allowed.

Buildings and structures which cannot support the required level of radio coverage shall be equipped with any of the following in order to achieve adequate coverage:

(1) A radiating cable system; or

(2) An internal multiple antenna system with FCC type accepted bi-directional amplifiers as needed.

(3) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without an external power input. The battery system shall automatically charge in the presence of an external power input. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.29 Acceptance test procedure.

(a) When an in-building radio system is required, and upon completion of installation, it have the radio system tested will be the owner’s responsibility to ensure that two-way coverage on each floor of the building is a minimum of ninety (90) percent. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) of the areas will be allowed to fail the test.

(b) In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. A maximum of four (4) areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, it will be the building owner’s responsibility to have the system altered to meet the ninety (90) percent coverage requirement.

(c) The voice test shall be conducted using a Motorola MT2000, or equivalent portable radio, talking through the city public safety communication system.

(d) The data system test shall be conducted using a laptop computer communicating with the computer aided dispatch system. A spot approximately in the center of the grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the city public safety communications system. Once the spot has been selected prospecting for a better spot in the grid area will not be permitted.

(e) The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. Copies of all tests shall be forwarded to the attention of the 911 communications supervisor of the city. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.30 Annual test.

When an in-building radio system is required, it building owner’s responsibility to have all active components of the system (such as amplifiers, power supplies and backup batteries) tested a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under the load for a period of one (1) hour to verify that they will properly operate during an actual power outage. If within the one (1) hour test period, and in the opinion of the testing technician, the battery exhibits symptoms of failure the test shall be extended for additional one (1) hour periods until the integrity of the battery can be determined. All other active components shall be checked to determine that they are operating within the manufacturer’s specifications for the intended purpose. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.31 Five-year test.

In addition to the annual test, it shall be the building owner’s responsibility to perform a radio coverage test a minimum of once every five (5) years to ensure the radio system continues to meet the requirements of the original acceptance test. Copies of the five-year tests shall be forwarded to the 911 communications supervisor of the city. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.32 Qualification of testing personnel.

(a) Personnel conducting radio system tests shall be qualified to perform the work. All tests shall be documented and signed by a person in possession of a current FCC license, a current technician certification issued by the Associated Public Safety Communications Officials International (APCO), or the Personal Communications Industry Association (PCIA).

(b) All test records shall be retained on the inspected premises by the building owner and shall be subject to inspection by public safety and building, life and environmental safety personnel upon request. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.33 Field testing.

Public safety personnel shall have the right to enter onto the property to inspect and to conduct field-testing at all reasonable times to be certain that the required level of radio coverage is present. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.34 Exemptions.

Sections 6.27 through 6.33 shall not apply to buildings less than ten thousand (10,000) square feet or to any R-3 occupancy. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

ARTICLE V. REGULATION OF WOODBURNING APPLIANCES

6.35 Applicability of article.

(a) All woodburning appliances installed in new residential units.

(b) All woodburning appliances installed in new commercial buildings including, but not limited to, hotels and restaurants.

(c) A woodburning appliance shall comply with this ordinance if any of the following apply: (1) it is being added to or replacing a woodburning or gas appliance in an existing residential unit or commercial building; (2) repairs or alterations are made to the woodburning appliance that include changes to the opening size or height of a fireplace; or (3) the residential unit or commercial building in which the woodburning appliance is located is renovated or remodeled, and the renovation or remodel includes changes to the opening size or height of an existing fireplace.

(d) Section 6.37(a) and (c) shall apply to any and all woodburning appliances. (Ord. No. 2005-06, § I, 3-21-05)

6.36 Definitions.

(a) “Bay Area Air Quality Management District” means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code section 40200.

(b) “EPA” means United States Environmental Protection Agency.

(c) “EPA certified wood heater” means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations.

(d) “Fireplace” means any permanently installed masonry or factory-built woodburning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five (35) to one (1).

(e) “Garbage” means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes.

(f) “Gas fireplace” means any device designated to burn natural gas in a manner that simulates the appearance of a woodburning fireplace.

(g) “Paints” means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

(h) “Paints solvents” means all original solvents sold or used to thin paints or to clean up painting equipment.

(i) “Pellet-fueled wood heater” means any woodburning appliance that operates exclusively on wood pellets.

(j) “Solid fuel” means wood or any other nongaseous or nonliquid fuel.

(k) “Treated wood” means wood of any species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or weathering.

(l) “Waste petroleum products” means any petroleum product or than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities.

(m) “Woodburning appliance” means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space-heating purposes. (Ord. No. 2005-24, § 4, 11-21-05)

6.37 General requirements.

It shall be unlawful to:

(a) Use any woodburning appliance when the Bay Area Air Quality Management District issues a “Spare the Air Tonight” warning and when an alternate approved heat source is available.

(b) Install a woodburning appliance that is not one of the following: (1) a pellet-fueled wood heater, (2) an EPA certified wood heater, or (3) an EPA certified masonry fireplace should the EPA develop a masonry fireplace certification program.

(c) Use any of the following prohibited fuels in a woodburning appliance:

Garbage

Paint solvents

Treated wood

Coal

Plastic products

Glossy or colored papers

Rubber products

Particle board

Waste petroleum products

Salt water driftwood

Paints

 

(Ord. No. 2005-24, § 4, 11-21-05)

6.38 Exemptions.

(a) Woodburning appliances specifically designed for cooking, outdoor fireplaces, existing fireplaces, except as specifically provided in section 6.35(c), gas and pellet fueled appliances, permanently installed or dedicated gas log fireplaces, shall be exempt from all provisions of this article. The chief building official may approve an alternate wood burning appliance, provided the chief building official finds that the proposed alternate appliance meets or exceeds the standards established for an EPA certified wood heater.

(b) Historical buildings that are included or designated in the City of Gilroy’s Historic Preservation Inventory. (Ord. No. 2005-24, § 4, 11-21-05)

6.39 Enforcement.

(a) Prior to installation, any person who plans to install a woodburning appliance shall submit documentation to the City of Gilroy Building Department demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program.

(b) Any person violating any of the provisions of this article shall be deemed guilty of a infraction and upon conviction shall be punishable as provided by law. (Ord. No. 2005-24, § 4, 11-21-05)

ARTICLE VI. SEISMIC SAFETY3

6.40 Title.

This article shall be known as the “unreinforced masonry building (URM) ordinance.” (Ord. No. 2011-07, § I, 5-16-11)

6.41 Purpose.

The purpose of this article is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. (Ord. No. 2011-07, § I, 5-16-11)

6.42 Scope.

The requirements of this article shall apply to all buildings or portions of buildings constructed with unreinforced masonry walls or other unreinforced building components with the following exceptions:

(a) A building which has been seismically retrofitted since 1985 that complies with the strengthening standards in effect at the time as determined by the building official;

(b) A detached Group R Division 3 occupancy or a detached Group R Division 1 occupancy having four (4) living units or fewer;

(c) Accessory buildings serving Group R Division 3 occupancies or accessory buildings serving Group R Division 1 occupancies having four (4) living units or fewer;

(d) Public schools;

(e) Hospitals; and

(f) State or federally owned buildings. (Ord. No. 2011-07, § I, 5-16-11)

6.43 Authority.

(a) The building official or his or her designee is hereby authorized and directed to enforce all provisions of this article.

(b) In the event of any conflicts or inconsistencies between the provisions of this article and Article II of this chapter, or with the provisions of any other chapter(s) of the City Code, the provisions of this article shall control, unless to do so would be inconsistent with the purpose of the ordinance from which this article derives. This article shall not preclude the enforcement of any applicable federal, state or other local laws or ordinances.

(c) The building official shall have the power to render interpretations of this article and to recommend to the city council the adoption of rules and regulations to supplement this article as he or she may deem necessary in order to clarify the application of the provisions of this article. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this article. (Ord. No. 2011-07, § I, 5-16-11)

6.44 Definitions and notations.

For the purposes of this article, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this article, but not specifically defined, shall have the meaning set forth in the applicable local, state or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.

Definitions.

“Architect” shall mean a person who is licensed to practice architecture in this state.

“Architectural and engineering fees” shall mean all design and analysis costs, not repair costs.

“ASCE7-05” shall mean the current design standard from American Society of Civil Engineers referenced in the CBC as the design standards. This standard is amended from time to time and as adopted, amended and/or updated by the city.

“Building,” for the purpose of determining occupant load, shall mean any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.

“Building board of appeals” shall be as outlined in Section 113 of the CBC.

“California Existing Building Code” (or “CEBC”) shall mean the seismic provisions for unreinforced masonry buildings contained in the 2010 Edition of the CEBC, as amended from time to time and as adopted and amended and/or updated by the city at the time when the building application is filed.

“CBC” shall mean the current edition of the California State Building Code, as amended from time to time and as adopted and amended and/or updated by the city at the time when the building application is filed.

“Diaphragm” shall mean roof, floor, or other membrane or bracing system acting to transfer the lateral forces to the vertical resisting elements.

“Engineer” shall mean any professional, civil or structural engineer who is licensed to practice engineering in this state.

“Falling hazards” shall mean any ornamentation, appendage, mechanical and electrical equipment, piping, and other components such as light fixtures, ceiling tiles, suspended lath and plaster ceiling/wall, sculpture, cladding and glazing, veneer, and furnishings which may fall on the occupants and obstruct the exiting of the building during an earthquake.

“Hazardous URM building list” shall mean the city’s list of URM buildings that meet the URM building definition as defined in this article. The city may from time to time revise and/or update the hazardous URM building list and the most current list shall be enforced.

“Means of egress” shall mean a continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. Means of egress elements shall include, but not be limited to, stairway, hallway, corridor, exit balconies, exit passageways, and exit courts.

“Nonstructural falling hazards” shall mean any ornamentation and appendage on the building that is constructed of dense materials such as masonry or concrete attached directly or indirectly to unreinforced masonry, which may fall on the pedestrians or adjacent buildings or occupants of the building during an earthquake, such as cornices, chimneys, balconies, stacks, towers, decorative statuary, cladding, exterior veneers, and roof top tanks or equipment on buildings.

“Nonstructural URM wall elements” shall mean any URM wall element which does not participate in resisting lateral or vertical forces on the building by design or actual condition.

“Owner” shall mean any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.

“Parapet” shall mean the portion of the wall extending above the roof surface to prevent the spread of fire.

“Pointing” or “repointing” shall mean the partial reconstruction of the bed joint of an unreinforced masonry wall as defined in UBC Standard 21-8.

“Qualified historical building” shall mean any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

“Retrofit” or “retrofitting” shall mean any and all structural work necessary to comply with the requirements of this article, including but not limited to all improvements, alterations and repairs.

“Unreinforced masonry” shall include burned clay, concrete or sand-lime brick; hollow clay or concrete block; plain concrete; and hollow clay tile. These materials shall comply with the requirements of Section A106 CEBC as applicable.

“Unreinforced masonry (URM) building” shall mean any building or structure containing one or more walls or elements such as parapets constructed wholly or partly with unreinforced masonry.

“Unreinforced masonry (URM) wall” shall mean a masonry wall in which the area of reinforcing steel is less than twenty-five percent (25%) of the minimum steel ratios required by the current California Building Code for reinforced masonry.

“Valuation” shall mean the total value of all construction work as determined by the building official.

“Veneer” shall mean a facing attached to a wall for the purpose of providing ornamentation, protection or insulation, but not counted as adding strength to the wall.

Notations.

I

=

Importance Factor in Section 11.5.1 of ASCE7-05.

SDS

=

Design spectral response acceleration parameter at short periods as defined in Section 11.4.4 of ASCE7-05.

(Ord. No. 2011-07, § I, 5-16-11)

6.45 URM mandatory and voluntary retrofit—Options and standards.

URM owners on the city’s hazardous URM building list shall, at a minimum, mitigate their building to the mandatory retrofit standards (MRS). The owner may choose to mitigate their building to the voluntary retrofit standards (VRS). In addition to these MRS standards listed below, the URM technical information requirements contained in section 6.54 shall also apply.

(a) The following MRS shall apply to all URM buildings selecting the MRS mitigation option:

(1) Secure URM walls to the roof and to floors in multistory buildings. (URM buildings containing structural frames with nonstructural URM infill walls that do not resist any shear as determined by the owner’s engineer/architect and/or buildings with URM veneer over the structural wall or framing are exempt from this section.)

All URM walls shall be secured by mechanical anchor systems comprised of tension bolts, hold-down devices, straps, and other structural fastener systems connected to the roof (and floors in multistory buildings) if such attachment is lacking or determined as inadequate by the building owner’s engineer or architect in accordance to section 6.54(a)(1). The anchor system(s) between roof/floors and walls shall be designed for the out-of-plane forces on the wall required by section 6.54(a)(1)(b).

(2) Brace or Reinforce Parapets. Parapets which, due to their location or the height of the adjacent structure, pose negligible hazards to life and adjacent property in the event of failure or instability as determined by the building owner’s engineer or architect (i.e., parapets on the sides of buildings which are adjacent to another building of equal or more in height) may be excluded from the required mandatory parapet work provided the owner executes an agreement with the city to defend, hold the city harmless and indemnify the city for any damage, injury or loss of life that may arise as a result of changed conditions to the adjacent structure (such as removal of the adjacent building). The owner must record the agreement, as approved by the city attorney, with the county recorder, and supply a copy of the recorded agreement to the city. Otherwise, the building parapet shall be retrofitted in accordance to section 6.54 (a)(2).

(3) Remove, upgrade or repair nonstructural interior and exterior falling hazards such as facades and other architectural features in accordance to section 6.54(a)(3).

(4) Stairways, corridors, exit balconies, exit courts, exit passageways and other means of egress components in all buildings covered by this article shall be protected from falling hazards in accordance to section 6.54(a)(4). Vertical supports for stairways shall be shown to retain their structural integrity as part of the building exiting system during an earthquake.

(b) The following VRS shall apply to all URM buildings selecting the VRS mitigation option:

(1) Entire URM building shall be retrofitted. The entire building shall be retrofitted in accordance with the current CEBC and additional requirements in accordance with this article. (Ord. No. 2011-07, § I, 5-16-11)

6.46 Abatement of URM hazards.

The following process shall be followed for abatement of the hazards posed by URM buildings:

(a) Notify Owner. The building official shall, within thirty (30) days from the effective date of the ordinance codified in this article, notify the owners and tenants, if applicable, of those buildings currently in the city’s potential hazardous URM building list in writing that their buildings have been identified as URM buildings as defined in this article and of their obligation to mitigate the potential hazard in compliance with this article. The notice shall include the following:

(1) Procedure to comply with the retrofitting requirements of this article, as applicable;

(2) The time schedule for commencement and completion of seismic retrofitting;

(3) A statement that the owner is required to provide a copy of the notice to correct deficiencies to all tenants of the structure;

(4) A copy of this article;

(5) A statement to inform the URM owner that once the MRS or VRS upgrades are complete the building can be occupied.

(b)  Recordation. For URM buildings on the city’s hazardous URM building list that were not recorded previously, the building official shall record with the office of the county recorder a certificate stating that the subject building is within the scope of this article. The certificate shall also state that the owner thereof has been ordered to review and structurally analyze the building and upgrade the building in accordance with this article.

Buildings retrofitted with MRS where parapets posed negligible hazards determined by the owner’s engineer or architect shall, as specified in section 6.45(a)(2), execute an agreement with the city, as approved by the city attorney, and record this agreement with the county recorder. A copy shall be supplied to the building official.

For buildings retrofitted using option MRS the owner will be required to sign an acknowledgement on the cover sheet as specified in subsection (e) of this section.

(c) Buildings with a common wall/parapet shall include a common wall agreement between the building owners to acknowledge and allow the retrofitted work proposed prior to issuing the building permit if any of the retrofit work is to occur on the adjoining property.

(d) Engineering Analysis Report (EAR).

(1) General. EAR is required as a supporting document to demonstrate that the proposed retrofit design complies with the applicable requirements specified in this article and shall be filed together with the building permit application.

(2) Preparer of EAR. Building owners shall employ an engineer or architect to prepare the required EAR acceptable to the building official for the proposed retrofit work applicable to the building permit application and to prepare the EAR in accordance to this section.

(3) MRS and VRS Standards. All URM buildings shall be retrofitted in accordance with the standards contained in this article, except that qualified historical buildings may use the applicable provisions of the California Historical Building Code in conjunction with the CEBC as provided in subsection (f) of this section. All destructive materials testing in accordance with the CEBC is required only when those elements are used as part of the structural design. The decision of whether or not to test existing materials is the responsibility of the engineer/architect, and the city assumes no liability for damage, injury, or harm caused by the testing. In the absence of acceptable test data, the engineer/architect shall use allowable stresses and capacities for existing materials in accordance with the CEBC or derived by rational methods approved by the building official.

(4) Scope of Analysis. The scope of analysis need only address the proposed permit work with the following information. The engineer/architect shall specify either the MRS or VRS standards and the applicable codes in the EAR.

a. Building Permits for MRS. The following analysis for the mandatory upgrade of URM buildings shall be performed:

1. Wall to diaphragm anchorage;

2. Parapet stability;

3. Nonstructural falling hazards anchorage and stability;

4. Evaluation of falling hazards for exits.

b. Building Permit for VRS. The following analysis for the voluntary upgrade of URM buildings shall be performed:

1. General compliance with the current CEBC and this article:

i. Required retrofitting;

ii. Materials testing;

2. Structural analysis:

i. Out-of-plane loads on walls including parapets;

ii. Wall to diaphragm anchors;

iii. In-plane strengthening of walls, repairs and repointing;

iv. Diaphragm capacity;

v. Other analysis as required by current CEBC;

vi. Integrity of stairway and falling hazards for exits.

(5) Format of Report. The EAR for all building permits shall conform with the format in this subsection. This format is not meant to be a constraint on the engineer/architect preparing the report, but rather it shall be considered as the minimum acceptable information to be submitted.

a. Date report is completed;

b. The building address with the county assessor’s parcel number;

c. Name of building (if any);

d. Name, address, email, and telephone number of owner, architect, and engineer;

e. The type of construction, occupancy within the building and the occupant loads;

f. The number of residential, commercial and other units in the building;

g. The dates of original design, construction, additions or substantial structural alterations (if known) of the building;

h. Scaled plan to show footprint of building in relation to property line, sidewalk, and street area, and adjacent buildings;

i. Include location of all URM walls (specify parapet and common wall locations if any);

j. Photos or sketches of elevation to show adjacent buildings;

k. Type of foundation and any special or unusual factors that alleviate or intensify the risk to occupants or others, if applicable.

(6) Summary of Existing Conditions. The engineer/architect shall investigate the building for compliance with the applicable standard in this article related to the proposed building permit application, describe the vertical load carrying systems and identify any URM walls. The engineer/architect shall also include a description of all parapets, common walls and nonstructural falling hazards, their construction, supports, materials and any testing and test data.

(7) Deficiencies and Design Corrective Measures. The engineer/architect shall submit structural analysis/calculations in accordance with the applicable provisions in this article to identify deficiencies and design corrective measures to meet the minimum requirements of the applicable retrofit standards.

(8) Proposed Retrofitted Work. The engineer/architect shall describe the retrofitted work required for the building under the proposed building permit.

(9) Engineer/Architect Certification and Signature. Name, work address, work phone number, email, California state professional license number and signature of engineer/architect who authored the EAR shall be provided on the front sheet of the EAR.

(e) Removal of Building from City’s URM Hazardous Building List. The building official shall remove the building from the city’s URM hazardous building list when that building has been upgraded to the VRS standards in section 6.45(b) and the final inspection is approved. The building official shall record with the office of the county recorder a certificate stating that the subject building has complied with this article pertaining to VRS.

Once a building has been upgraded to the MRS and final inspection is approved, the building official shall record with the office of the county recorder a certificate stating that the subject building has complied with this article pertaining to MRS. URM buildings with only MRS completed will not be removed from the city’s hazardous URM building list. The owner will be required to sign an acknowledgement on the cover sheet of the MRS plans that the completion of the MRS improvements is not sufficient to remove the building from the city’s hazardous URM building list, that only completion of the VRS would remove the building from the hazardous URM building list. The building would still be required to be posted as a URM building per state law.

(f) Qualified Historical Buildings. The planning division manager and the building official shall determine if the URM building is a qualified historical building as defined herein as part of the building permit process. All qualified historical buildings may use the applicable provisions in the 2010 California Historic Building Code, as adopted and as may be amended and/or updated by the city. (Ord. No. 2011-07, § I, 5-16-11)

6.47 Future retrofitting legislation.

No URM building that has been seismically retrofitted to the mandatory retrofit standards required in this article shall, within a period of ten (10) years after completion of the work required for such retrofit, be required by the city to perform further upgrades unless the building no longer meets the structural standards under which it was retrofitted, the occupancy classification has changed to a more intensive use, or legislature beyond the city’s control requires further upgrades. The building owner may request the city to record an agreement, as approved by the city attorney, limiting further upgrades for a period of ten (10) years provided the building owner pays all costs associated with such agreement including attorney fees and staff costs. This cost shall not be eliminated by other language in this article. (Ord. No. 2011-07, § I, 5-16-11)

6.48 Change of occupancy.

Notwithstanding the deadline set forth in section 6.50, the following shall apply:

(a) Upon change of occupancy, a URM building shall be retrofitted to the VRS standards defined in this article prior to any further occupancy, if the building official determines that the change will create an increased occupancy load or a hazardous condition.

(b) When a URM building becomes vacant for a continuous period of one hundred twenty (120) days, the URM building shall be retrofitted to the applicable standards defined in this article prior to any further occupancy, except as provided in subsection (d) of this section. When a tenant unit or lease space within a URM building becomes vacant for a continuous period of one hundred twenty (120) days, the tenant unit or lease space shall not be reoccupied for any use unless and until the URM building is retrofitted to the applicable standards defined in this article, except as provided in subsection (d) of this section.

(c) For purposes of this section, “vacant” shall refer to the condition of a URM building, tenant unit or lease space whereby the business or residential use within such building, tenant unit or lease space of the URM building has ceased for a continuous period of one hundred twenty (120) days. A residential or commercial unit is considered vacant if, for a continuous period of one hundred twenty (120) days, such unit is not leased by a tenant, subject to a month-to-month rental agreement with a tenant or being lawfully held over by a tenant after termination of a previous lease. A business is also considered vacated when any of the following apply: (1) a business license is not renewed; or (2) the business is not operational for a continuous period of one hundred twenty (120) days. When the building official determines that a tenant unit or lease space has become vacant, the city will restrict any further occupancy of that particular tenant unit or lease space, including issuance of a new business license, until the URM building is retrofitted to the applicable standards defined in this article.

(d) The building official may, in his or her discretion, issue a temporary certificate of occupancy to allow a vacant URM building to be temporarily occupied prior to the URM building’s being fully retrofitted if prior to occupancy the following conditions are satisfied:

(1) The owner provides to the building official together with a building permit application an engineering analysis report (EAR) for the building that, at a minimum, uses the MRS standards defined in this article and meets the requirements identified in section 6.46(d) along with an estimate prepared by a licensed contractor for completing the retrofit work proposed in the EAR;

(2) The owner enters into a binding agreement with the city in form acceptable to the city attorney that includes a scope of work and timeline for completing the retrofit work proposed and in which the owner agrees to complete the retrofit work proposed in the EAR;

(3) The owner posts a form of security approved by the city administrator or designee for the retrofit work proposed in the EAR in an amount not less than one hundred percent (100%) of the total costs as identified by the estimate required to be prepared under this subsection. From time to time as retrofit work progresses, the city administrator or designee may allow the amount of the security to be reduced provided he or she determines that the remaining security is adequate to secure the owner’s obligation to complete the retrofit work.

(e) The security referred to in subsection (d)(3) of this section shall be one (1) of the following, subject to approval of the city administrator or designee:

(1) A bond or bonds by one (1) or more duly authorized corporate sureties.

(2) A deposit, either with the city or a responsible escrow agency or trust company, at the option of the city finance director, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

(3) A letter of credit issued by a financial institution subject to regulation by the state or federal government and pledging that the funds necessary to carry out the agreement are on deposit and guaranteed for payment. (Ord. No. 2015-11, § 1, 9-14-15; Ord. No. 2016-12, § 1, 7-5-16)

6.49 Additions, alteration or repair.

(a) Notwithstanding the deadline set forth in section 6.50, whenever addition, alteration or repair work (exception: minor remodels such as facade improvements, nonstructural expansion of front doors, nonstructural window alterations, re-roofing, electrical, plumbing and mechanical maintenance) to a URM building satisfies any one (1) of the following conditions, the building shall be upgraded to comply with the current CEBC, including VRS, prior to the approval of the addition, alteration, or repair work:

(1) The total cost for all addition, alteration and repair work exceeds fifty percent (50%) of the total replacement cost of the existing building, land excluded. The valuation of the work and the replacement cost of the existing building shall be determined by the building official;

(2) Dead and live vertical or horizontal loading is increased by at least five percent (5%) on the affected supporting elements of the roof or floor of a building;

(3) Major remodel to the existing building resulted in substantial structural alteration such as major modifications to the existing lateral system as determined by the building official; or

(4) Any addition of floor space to the existing total floor area of the building.

(b) As used in this section, “addition, alteration or repair work” shall mean the cumulative addition, alteration or repair work performed on the building within any four (4) year period.

(c) When the owner believes the building official has made an error in his or her application of this section, the owner may appeal the determination to the building board of appeals in accordance with section 6.51. (Ord. No. 2011-07, § I, 5-16-11)

6.50 Deadline to complete work—Penalties for noncompliance.

(a) Each owner who fails to complete the building retrofit required by this article within the period specified in subsections (a)(1) and (2) of this section shall, in addition to any other penalty or remedy which may be assessed pursuant to any other applicable law, be subject to penalties as set forth below.

(1) Failure to file a complete building permit application and engineering analysis report within twelve (12) months from the effective date of the ordinance codified in this article shall result in a penalty of five hundred dollars ($500.00) per calendar month until such time a complete building permit application and engineering analysis report is filed with the city.

(2) Failure to complete the MRS within twenty-four (24) months from the date of the ordinance codified in this article shall result in a penalty of one thousand dollars ($1,000) per calendar month until such time the mandatory retrofit has become complete.

(3) The penalty under this subsection shall continue to accrue until the maximum penalty assessed is fifteen thousand dollars ($15,000).

(b) In addition to the remedies provided for in section 6.53 and the penalties authorized by subsection (a) of this section, the building official may take any or all of the following actions in the event of any failure to comply with the requirements of this article within the specified time period:

(1) Notify all parties with a financial interest in the property (such as mortgage lenders, lien holders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this article.

(2) File a statement with the county recorder’s office describing the potential hazards of the building and the violations of this article.

(3) The city council may cause any building not abated within the time limits set forth herein to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this article and place a lien on the property for all costs incurred.

(c) The owner may appeal any action or penalty for noncompliance in accordance with section 6.51(c). (Ord. No. 2011-07, § I, 5-16-11)

6.51 Appeal process.

(a) Exemption from URM Program. If the owner believes that his or her building is not a URM building or is otherwise exempted from the provisions of this article, the owner shall submit evidence, such as original drawings or test results, to substantiate the claim. The building official will review the evidence submitted by the owner and will remove the building from the city’s hazardous URM building list if the building official determines that the building is exempted or is in compliance with this article. Any decision of the building official pursuant to this subsection may be appealed to the building board of appeals in accordance with the procedures set forth in this section, and the decision of the building board of appeals shall be final.

(b) Appeal of Retrofit.

(1) When the owner believes the building official made an error in his or her determination regarding a retrofit required under this article the owner may appeal the determination to the building board of appeals. Such appeal shall be made within thirty (30) days after the date of the building official’s written decision.

(2) Any such appeal shall be made in the form specified by this section and be filed with the city clerk. The appeal shall state specifically the alleged error or abuse of discretion by the building official. The appeal will be heard by the building board of appeals within thirty (30) days of the date of receipt of the appeal by the city clerk. Not less than ten (10) days prior to the hearing date, the city clerk shall give notice to the appellant of the date, time and place of the hearing. The building board of appeals shall be authorized to continue the hearing for up to thirty (30) days.

(3) In considering the appeal, the building board of appeals shall determine whether, based upon the record, the building official erred or abused his or her discretion.

(4) The decision of the building board of appeals shall be in writing and a copy of its decision shall be mailed or otherwise delivered to the appellant by the building official within ten (10) days of the date of the building board of appeal’s decision. The decision of the building board of appeals shall be final.

(c) Appeal of Noncompliance Penalties and Actions. Any written decision by the building official to impose penalties in the event of any failure to comply with the requirements of this article may be appealed by the owner or the owner’s agent to the building board of appeals. Any such appeal shall be made within thirty (30) days of the date of the building official’s mailing of notification. The appeal shall be made in writing to the city clerk and shall state specifically how the building official has either committed an error or has abused his or her discretion. In considering the appeal, the building board of appeals shall determine whether, based upon the record, the building official erred or abused his or her discretion. The decision of the building board of appeals shall be in writing and may be appealed to the city council as provided for in subsection (d) of this section. Revocation of a certificate of occupancy, if appealed, will not become effective until the decision of the building board of appeals has been upheld by the city council.

(d) Written Appeal Required. Any written appeal as provided for in subsections (b) and (c) of this section shall be submitted to the city clerk along with the appeal fee identified in the city’s current comprehensive fee schedule and the written appeal shall contain the following:

(1) The names of the appellants.

(2) A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved.

(3) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants.

(4) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

(5) The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal.

(6) The signatures of all parties named as appellants and their mailing addresses.

(7) The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal. (Ord. No. 2011-07, § I, 5-16-11)

6.52 Recovery of penalties.

(a) The penalties imposed on the building owner shall be assessed against the real property subject to this article and shall, in addition, be a personal obligation of the owner of the subject property. If the owner of a building is a group of individuals, firms, or other entities or any combination thereof, the obligation imposed by this section shall be joint and several. The building official shall give the owner of the building a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the city within thirty (30) days after the date of such notice, the building official shall forward a report of the penalties to the city council for confirmation.

(b) The property owner shall be given at least ten (10) days’ written notice of the confirmation hearing before the city council. The amount of the penalties shall be confirmed by the city council, unless it finds, based upon evidence in the record, that the building official erred in imposing or in computing the amount of the penalty. If such error is found, the city council may modify the amount of the penalty, as warranted.

(c) Upon confirmation of the penalty by the city council, it shall direct the city clerk to record in the office of the county recorder of the County of Santa Clara, State of California, a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT LIEN

Pursuant to Section 6.50 of the Gilroy City Code, the penalty of ________ was assessed by the Building Official, and the city council, against the described real property and such amount has not been paid in full and the City of Gilroy does hereby claim a special assessment lien upon the hereinafter described real property in said amount; the same shall be a lien upon the real property until such sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Gilroy, County of Santa Clara, State of California, and particularly described as follows, to wit:

(Insert legal description of property and APN)

Dated ________________

______________________

City Clerk

Such lien attaches upon recordation of the notice of special assessment lien. The description of the parcel in the notice of lien shall be that used for the same parcel as the county assessor’s map book for the current year. The county assessor shall enter each assessment on the county tax roll opposite the affected parcel of land. The amount of the assessment shall be collected and shall be subject to the same penalties and the same procedures for foreclosure and sale, in case of delinquencies, as provided for ordinary municipal taxes. (Ord. No. 2011-07, § I, 5-16-11)

6.53 Remedies.

In addition to the penalties in section 6.50, the following remedies are available to the city and may be imposed independently or in combination with each other at the discretion of the building official, unless otherwise noted herein:

(a) Maintenance of a URM building beyond the time specified in section 6.50 for completion of seismic retrofits to such building are hereby deemed to be a public nuisance, and may be abated pursuant to the abatement procedures contained in the latest edition of the Uniform Code for Abatement of Dangerous Buildings, or pursuant to Chapters 5B and 5C of the Gilroy Municipal Code.

(b) The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this article.

(c) The city may withhold the issuance of any building permit and/or may suspend any existing building permits on the subject building unless otherwise authorized by the building official for emergency repairs.

(d) The building official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this article. The notice of revocation or suspension shall provide the owner the right to provide the building official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this article or because the building official did not follow the provisions of this article.

(e) Any person violating any provision of this article shall be guilty of a misdemeanor.

(f) These remedies are not exclusive and the city may utilize any other remedies available at law or equity. (Ord. No. 2011-07, § I, 5-16-11)

6.54 Technical information/requirements.

(a) Mandatory Seismic Retrofitting (MRS) Standards. Structural specification as part of the plans shall include the design criteria prescribed below. Structural observation shall be required for all structural work unless not required by the building official. Structural special inspections shall be required by the architect/engineer, building official, or product manufacturer.

(1)  URM Wall Anchorage.

a. General. Unreinforced masonry walls shall be anchored at the roof and floor levels as required by this section.

b. Minimum Wall Anchorage. Anchorage of URM walls of each floor or roof shall resist a minimum strength force normal to the surface determined as 0.9ISDS times the tributary weight or minimum two hundred (200) pounds per linear feet, whichever is greater. Existing wall anchorage, if used, must meet the requirements of this section or must be upgraded. Anchorage inducing eccentric moment to the framing members shall be avoided or justified by rational analysis by the engineer/architect.

c. Anchorage Locations. Out-of-plane anchorage location must be within two (2) feet horizontally from the inside of the corners of the walls or crosswalls. Maximum spacing of anchorage shall be four (4) feet on center to reduce flexure in the existing walls.

d. Wall Anchorage Transfer Force into Diaphragm. All wall anchors shall be positively secured to the roof/floor framing. Continuous load paths from this connection shall develop into the plywood diaphragm between diaphragm/subdiaphragm chords by means of tension ties or struts combined with compression blocking. Diaphragm sheathing shall not be considered effective as tension ties or struts. The architect/engineer may propose other methods to transfer and develop the out-of-plane wall anchorage forces into the diaphragm when accepted by the building official. Diaphragm/subdiaphragm shear forces shall be adequately transferred to the parallel walls.

(2) Parapet.

a. General. Parapet shall be removed, stabilized, or braced to ensure that the parapets remain in their original position.

b. Bracing Requirements. Where the parapet height-to-thickness (h/t) ratio exceeds 1.5, a bracing system shall be provided. The height is taken from the lower of either the tension anchors or the roof sheathing. The minimum height of a parapet above any wall anchor shall be twelve (12) inches. The bracing system shall be designed for the forces determined in accordance with ASCE7-05, Section 13.3.

c. Bracing Locations. Bracing shall be located to adequately support the parapet as designed by the architect or engineer.

d. Fire Protection. When URM parapet is removed at locations at common property line, a firewall shall be constructed to replace the removed URM parapet in compliance with the current building code to prevent the spread of fire between buildings.

e. Bracing Connections and Load Transfer in the Roof Framing. The existing roof framing members shall be adequate to support the vertical reactions at the base of the brace. The horizontal reactions at the end of the brace shall be adequate to develop into the roof diaphragm and shear to the parallel walls or its lateral systems.

(3) Nonstructural Falling Hazards.

a. General. Nonstructural falling elements can pose significant hazards to life safety under certain circumstances. “Nonstructural falling hazards” and “component” are defined in this article.

b. Plan Requirements. Dimensioned plans/elevations shall be provided to identify all nonstructural falling hazard elements as defined in this article.

c. Design Forces. Nonstructural falling hazards, components, their supports and attachments shall be designed for the seismic forces determined in Section 13.3, ASCE7-05. Attachments shall be bolted, welded, or otherwise positively fastened without consideration of frictional resistance produced by the effects of gravity.

(4) Means of Egress.

a. General. Buildings or portions thereof shall be provided with a means of egress system to provide safe and easy travel during an earthquake or other emergency so that the risk of injury or death is minimized. This means of egress (path of travel) shall be safe for the building occupants from falling hazards.

b. Plans Requirements. Dimensioned floor plans shall be provided to show the building exit path of travel from any room/space to the public way. All falling hazards (interior or exterior) as defined in this article shall be identified on the floor plans and verified by the building official or his/her designee prior to final. Hazard items that cannot be braced or supported shall be removed under the advice of the engineer/architect and clearly defined on the plans. Proper removal or procedure shall be included. Where stairway serves the exit of occupied floor, the stairway supports and all potential falling hazards shall be shown on the plans. URM walls enclosing stairway shall be braced, retrofitted, or removed by the architect or engineer and approved by the building official.

c. Exiting Plans. An approved exit floor plan shall be posted in a conspicuous place, near the main exit or exit access doorway from the room or space. It shall be unlawful to alter the exit plan for the building without the approval from the building official.

d. Design Forces. The falling hazards components along the paths of travel shall be secured and braced in accordance to Section 13.3, ASCE-07.

(b) Voluntary Retrofitting (VRS) Standards. VRS standards shall comply with the current Appendix Chapter A1, CEBC or CBC adopted by the city and MSR specified in subsection (a) of this section, whichever is more restricted. Historic buildings meeting the definition in this article may use the California Historical Building Code for retrofitting the URM building. Structural observation shall be required for all structural work unless not required by the building official. Structural special inspections shall be required by the architect/engineer, building official, or product manufacturer. (Ord. No. 2011-07, § I, 5-16-11)

6.55 Financial incentive program for URM mandatory retrofit program.

Processing fees payable to the city shall be eliminated as well as expedited plan check fees payable to an outside vendor. (Waiver does not apply to city impact fees, building board of appeals fees and other fees required by and/or passed to outside agencies, nor to agreements requested by the building owner regarding this article.) (Ord. No. 2011-07, § I, 5-16-11)

6.56 Building board of appeals.

The building board of appeals shall conduct hearings on written appeals made under section 6.51(a) and (b) and may approve or disapprove interpretations of this article made by the building official of the city. All such approvals or disapprovals shall be final and conclusive as to the building official. The building board of appeals shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this article. (Ord. No. 2011-07, § I, 5-16-11)

6.57 Small residential rooftop solar expedited permitting.

(a) Definitions.

(1) A “solar energy system” means either of the following:

a. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

b. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

(2) A “small residential rooftop solar energy system” means all of the following:

a. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

b. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.

c. A solar energy system that is installed on a single-family or two (2) family (duplex) dwelling.

d. A solar panel or module array that does not exceed the maximum legal building height as defined by the city zoning ordinance, Chapter 30.

(3) “Electronic submittal” means the utilization of one (1) or more of the following:

a. Email;

b. Internet;

c. Facsimile.

(4) An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(5) A “common interest development” means any of the following:

a. A community apartment project.

b. A condominium project.

c. A planned development.

d. A stock cooperative.

(6) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(7) “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

(8) “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

a. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed.

b. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed.

(b) Purpose. The purpose of this section is to adopt an expedited, streamlined, solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting the public health and safety.

(c) Applicability.

(1) This section applies to the permitting of all small residential rooftop solar energy systems in the city.

(2) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(d) Solar Energy System Requirements.

(1) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.

(2) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(3) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(e) Duties of Building and Safety Division and Building Official.

(1) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

(2) Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

(3) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(4) The city’s building and safety division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(5) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

(6) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55, 66015, and 66016, and State Health and Safety Code Section 17951.

(f) Permit Review and Inspection Requirements.

(1) The city building and safety division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption of the ordinance codified in this section. The building and safety division shall issue a building permit or other nondiscretionary permit within three (3) business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan, and whenever possible shall issue a building permit the same day of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The building official or planning manager may require an applicant to apply for a conditional use permit if they find, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such conditional use permit shall be decided by the planning commission, or city council upon appeal, in accordance with the Zoning Ordinance, Chapter 30. Denial of the conditional use permit application must be based on written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.

(2) Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.

(3) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(4) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(5) The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(6) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(7) Only one (1) inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review.

(8) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a four (4) hour or less inspection window.

(9) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. (Ord. No. 2015-08, § 1, 8-3-15)


1

State law references—Authority of city to regulate buildings, H & S.C., § 17951; authority of city to regulate construction and materials to prevent the erection of unsafe buildings, etc., Gov. C. A., § 38660.

    Cross references—Requirements in connection with the sanitary disposal of sewage in buildings generally, § 19.6 et seq.; regulations in connection with the moving of buildings, § 20.23 et seq..


2

Editor’s note—Ord. No. 86-19, § 45, adopted October 6, 1986, repealed Art. III, §§ 6.9—6.12, in its entirety. Former Art. III, fire zones, derived from the Code of 1900, § 240, and Ord. Nos. 570, 805, 897, 985, 75-12 and 77-2.


3

Code reviser’s note: Section II of Ord. No. 2011-07, which established this article, provides, “This Ordinance shall be effective for two (2) years from the effective date of June 15, 2011, or such date as set forth by resolution of the city council.”