HomeMy WebLinkAbout2019-11-18 Ordinance 5478
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160831 sh 016/Dev Services/2019 Code Cycle/Final Codes/2019-09-14 (2019 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
Ordinance No. 5478
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.05 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.05, California Mechanical Code, 2019 Edition, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.05 of the Palo Alto Municipal Code is hereby amended by repealing in
its entirety 16.05 and adopting a new Chapter 16.05 to read as follows:
16.05 CALIFORNIA MECHANICAL CODE
16.05.010 2019 California Mechanical Code adopted.
The California Mechanical Code, 2019 Edition, Title 24, Part 4 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2016,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5390 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases "California Mechanical Code" or "Mechanical Code" are used in this code
or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to
the California Mechanical Code, 2019 Edition, Title 24, Part 4 of the California Code of
Regulations, as adopted by this Chapter. One copy of the California Mechanical Code, 2019
edition, has been filed for use and examination of the public in the Office of the Building Official of
the City of Palo Alto.
16.05.020 2019 California Mechanical Code Appendix Chapters adopted.
The following Appendix Chapters of the California Mechanical Code, 2019 Edition, are adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein:
A. Appendix B – Procedures to be Followed to Place Gas Equipment in Operation
B. Appendix C – Installation and Testing of Oil (Liquid) Fuel-Fired Equipment
C. Appendix F – Sizing of Venting Systems and Outdoor Combustion and Ventilation
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Opening Design
16.05.030 Cross - References to California Mechanical Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Mechanical Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.05.040 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.05.050 Enforcement -- Citation authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.05.060 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Mechanical Code, 2019 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
SECTION 2. The Council adopts the findings for local amendments to the California Mechanical
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the amendments herein adopted will
have a significant effect on the environment.
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SECTION 4. This ordinance shall be effective on the commencement of the thirty-first day after
the date of its adoption.
INTRODUCED: November 4, 2019
PASSED: November 18, 2019
AYES: CORMACK, DUBOIS, FILSETH, KNISS, KOU, TANAKA
NOES:
ABSENT: FINE
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA MECHANICAL CODE, 2019
Section 17958 of the California Health and Safety Code provides that the City may make changes
to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the
Health and Safety Code require that for each proposed local change to those provisions of the
California Building Standards Code which regulate buildings used for human habitation, the City
Council must make findings supporting its determination that each such local change is
reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted
by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958,
17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform
codes which were adopted by the City Council prior to November 23, 1970, and have been carried
through from year to year without significant change, need no required findings. Also,
amendments to provisions not regulating buildings used for human habitation do not require
findings.
Code: CMC
Section Title Add Justification
(See below for
keys)
Appendix B Procedures to be Followed to Place Gas
Equipment in Operation
G
Appendix C Installation and Testing of Oil (Liquid) Fuel-Fired
Equipment
G
Appendix F Sizing of Venting Systems C
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health
and welfare in the City. The hot, dry weather frequently results in wild land fires on the
brush covered slopes west of Interstate 280. The aforementioned conditions combined
with the geological characteristics of the hills within the City create hazardous conditions
for which departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the
San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. Also
the City of Palo Alto is located in an area that is potentially susceptible to liquefaction
during a major earthquake. The surface condition consists mostly of stiff to dense sandy
clay, which is highly plastic and expansive in nature. The aforementioned conditions within
the City create hazardous conditions for which departure from California Building Standards
Code is warranted.
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Assistant City Attorney
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City of Palo Alto
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Interim Director Planning and Community
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City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Eric Filseth
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Mayor
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City Clerk
City of Palo Alto
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City of Palo Alto
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