HomeMy WebLinkAbout2013-11-18 Ordinance 5217Ordinance No. 5217
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, 2013 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 16.05and adopting a new Chapter 16.05 to read as follows:
16.05 CALIFORNIA MECHANICAL CODE
16.05.010 2013 California Mechanical Code adopted.
The California Mechanical Code, 2013 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Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and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,
2010, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2013. Ordinance No. 5100 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repealed.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 ofthe City, such phrases shall be deemed and construed to refer and apply to
the California Mechanical Code, 2013 Edition, as adopted by this Chapter. One copy of the
California Mechanical Code, 2013 edition, has been filed for use and examination ofthe public in
the Office of the Building Official of the City of Palo Alto.
16.05.020 2013 California Mechanical Code Appendix Chapters adopted.
The following Appendix Chapters of the California Mechanical Code, 2013 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 D-Unit Conversion Tables
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16.05.030 Cross -References to California Mechanical Code.
The provisions ofthis Chapter contain cross-references to the provisions ofthe California
Mechanical Code, 2013 Edition, in order to facilitate reference and comparison to those
provisions.
16.05.040 Violations --Penalties.
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this 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,
and upon conviction thereof shall be punishable as provided in this section.
16.05.050 Enforcement --Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; and (3) 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, 2013 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.05.70 504.2.1 Kitchen Exhaust Makeup Air: Section 504.2.1 of the California
Mechanical Code is added to read:
504.2.1 Kitchen Exhaust Makeup Air. Exhaust hood systems capable of exhausting in
excess of 400 cubic feet per minute (0.19 m3/s) shall be provided with makeup air at a
rate approximately equal to the exhaust air rate and shall not negatively impact the
California Energy Code supply air requirements of ASHRAE 62.2. Such makeup air
systems shall be' equipped with a means of closure and shall be automatically controlled
to start and operate simultaneously with the exhaust system.
SECTION 2. The Council adopts the findings for local amendments to the
California Mechanical Code, 2013Edition, attached hereto as Exhibit itA" and incorporated
herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of
the California Environmental Quality Act (ItCEQA"), pursuant to Section 15061 of the CEQA
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA MECHANICAL CODE, 2013
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)
504.2.1 Kitchen Exhaust Makeup Air ./ C
Appendix B Procedures to be Followed to Place Gas ./ G
Equipment in Operation
Appendix C Installation and testing of Oil (Liquid) Fuel-Fired ./ G
Equipment
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
C 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.
G This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard cau,sed by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Lorna
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.
T The City of Palo Alto topography includes hillsides with narrow and wjnding 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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