HomeMy WebLinkAbout1999-04-19 City Council (20)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING &
COMMUNITY ENVIRONMENT
5
DATE:
SUBJECT:
APRIL 19, 1999 CMR:208.99
THREE ORDINANCES ADOPTING VARIOUS PARTS OF THE
1998 CALIFORNIA BUILDING STANDARDS CODE (CONSISTING
OF STATE AMENDMENTS TO THE 1997 UNIFORM BUILDING,
MECHANICAL AND PLUMBING CODES AND THE 1996
NATIONAL ELECTRICAL CODE); ENACTING LOCAL
AMENDMENTS; MAKING CERTAIN FINDINGS; AND SETTING
A PUBLIC HEARING FOR MAY 10, 1999.
RECOMMENDATION
Staffrecommends that Council introduce the attached three ordinances adopting by reference
the following parts of the 1998 California Building Standards Code (CBSC), Title 24 of the
California Code of Regulations:
Ordinance 1. Part 2 - California Building Code. This contains the 1997 Uniform Building
Code, plus amendments made by the State.
Part 4 -Califomia Mechanical Code. This contains the 1997 Uniform
Mechanical Code. This contains the 1997 Uniform Mechanical Code, plus
amendments made by the State.
Part 10 - California Historical Building Code. This is a State adopted code.
Ordinance 2. Part 5 - California Plumbing Code. This contains the 1997 Uniform Plumbing
Code, plus amendments made by the State.
Ordinance 3. Part 3 - California Electrical Code. This contains the 1996 National Electrical
Code, plus amendments made by the State.
CMR:208:99 Page 1 of 3
Each ordinance also contains Palo Alto’s local amendments to each part of the CBSC, along
with findings supporting each local amendment.
BACKGROUND
Every three years a new edition of the CBSC is published and adopted by the State of
California, based substantially on the uniform codes. The CSBC is effective and enforceable
by local agencies six months after it is published by the State. However, local agencies may
incorporate the CSBC by reference into their own codes and, with appropriate findings, may
adopt local amendments to the CSBC, prior to the six month effective date. Every three
years, the City of Palo Alto has adopted the CSBC by reference as part of the Palo Alto
Municipal Code and has made various local amendments to parts of the CSBC.
DISCUSSION
The State adopted and published the 1998 CSBC as of January 1, 1999, and it goes into
effect on July 1, 1999. Palo Alto has fully participated in the 28-jurisdiction Silicon Valley
effort to streamline unnecessary technical or time-consuming amendments or changes to the
model codes. No new code amendments Or changes are recommended for adoption;
however, because the City adopts the CSBC every three years, the previously adopted local
amendments, with appropriate findings, are again recommended for adoption.
State law requires that any technical local amendments to the CSBC be more restrictive than
the minimum requirements and be based on local topographic, climatic, or geologic
conditions. Findings based on these criteria are attached to each ordinance.
ALTERNATIVES TO STAFF RECOMMENDATION
The State of Califomia mandates enforcement of the updated CSBC; and it will go into effect
whether the City takes action or not. The only discretionary action on the part of the City is
whether or not to adopt the local amendments. The amendments recommended for adoption
are those previously enacted by the Council. Therefore, staff recommends that they again
be adopted.
RESOURCE IMPACT
Adoption of the CSBC and local amendments facilitates ongoing operations and does not
affect City resources.
POLICY IMPLICATIONS
Adoption of the CSBC and local amendments is consistent with Council policies and the
Comprehensive Plan (Program N-69).
CMR:208:99 Page 2 of 3
TIMELINE
State law requires that a noticed public hearing be held at the time of the second reading of
any ordinance that adopts by reference a model code. Therefore, staff recommends that
Council set a public hearing on these ordinances for May 10, 1999. Consistent with state
law, the codes and amendments adopted by the ordinanceg would take effect on July 1, 1999.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act.
ATTACHMENTS
Three ordinances with attached findings.
PREPARED BY: Fred.Herman, Chief Building Official
DEPARTMENT HEAD:
GAWF
Director of Planning & Community Environment
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:208.’99 Page 3 of 3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING PARTS 2, 4 AND i0 OF THE 1998 CALIFORNIA
BUILDING STANDARDS CODE (1997 UNIFORM BUILDING
CODE, 1997 UNIFORM MECHANICAL CODE AND CALIFORNIA
HISTORICAL BUILDING CODE, RESPECTIVELY); AMENDING
CHAPTER 16.04 OF THE PALO ALTO MUNICIPAL CODE;
AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Chapter 16.04 of the Palo Alto Municipal Code
is hereby amended by deleting Chapter 16.04 and adding Chapter
16.04, to read as follows:
CHAPTER 16.04
BUILDING CODE
16.04.010 The 1998 California Building Code adopted.
The ~California Building Code", being Part 2 of the 1998
California Building Standards Code, Title 24 of the California Code
of Regulations, is adopted and. by reference made a part of this
code with the same force and effect as though set out herein in
full. The California Building Code consists of the "Uniform
Building Code, 1997 Edition," Volumes i, 2 and 3, promulgated by
the International Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California, 90601-2298, which is
dedicated to the development of better building construction and
greater safety to the public by uniformity in building laws, as
modified by the California Building Standards Commission. A copy
of the California Building Code is on file and open to public
inspection in the office of the building official°
16.04.020 The 1998 California Mechanical Code adopted.
The "California Mechanical Code", being Part 4 of the 1998
California Building Standards Code, Title 24 of the California Code
of Regulations, is adopted and by reference made a part of this
code with the same force and effect as though set out herein in
full. The California Mechanical Code consists of the ~Uniform
Mechanical Code, 1997 Edition," promulgated by the International
Conference of Building Officials, Whittier, California, which
regulates and provides complete requirements for the installation
and maintenance of heating, ventilating, comfort cooling and
refrigeration systems, as modified by the California Building
Standards Commission. A copy of the California Mechanical Code is
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on file and open to public inspection in the office of the building
official.
16.04.030 Section 102 deleted.
Section 102 of theCalifornia Building Code is deleted.
Wherever the term "building inspector" is used in this
code, it shall mean the "building official."
16.04.040 Section 104.2 amended--Powers and duties of
building official..
read:
Section 104.2 of the California Building Code is amended to
"!04.2 Powers and Duties of Building Official.
104.2.1 General. The building official shall have
the power and duty to enforce all of the provisions of this
code, the California Building Standards Code, the State
Housing Code, and the zoning ordinance and any ordinance
regulating advertising structures or signs, and such other
ordinances as may be adopted from time to time in which
further duties are specifically assigned to the building
official. Whenever the term "building inspector" is used
in this code, it shall mean the "building official."
104.2.2 Reports and records. The building official
shall submit a report to the city manager not less than
once a year, covering the work done by him or her during
the~preceding period.
The building official shall keep a permanent, accurate
account of all fees and other monies collected and received
under this code, the names of the persons upon whose
account the same were paid, the date and amount thereof,
together With the location of the building or premises to
which they relate.
104.2.3 Right of Entry. Whenever necessary to make
inspection to enforce any of the provisions of this code,
or whenever the building official or authorized
representative has reasonable cause to believe that there
exists in any building or upon any premises any condition
or code violation which makes such building~or premises
unsafe, dangerous or hazardous, the building official or
authorized representative may enter such building or
premises at all reasonable times to inspect the same or to
perform any duty imposed upon the building official by this
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code, provided that if such building or premises be
occupied, he or she shall first present proper credentials
and request entry; and if such building or premises be
unoccupied, he or she shall first make a reasonable effort
to locate the owner or other persons having charge or
control of the building or premises and request entry. If
such entry is refused, the building official or authorized
representative shall have recourse to every remedy provided
by law to secure entry.
When the building official or authorized
representative shall have first obtained a proper
inspection warrant or other remedy provided by law to
secure entry, no owner or occupant or any other persons
having charge, care or control of any building or premises
shall fail, after proper request is made as herein
provided, to promptly permit entry therein by the building
official or authorized representative for the purpose of
inspection and examination pursuant to this code.
104.2.4 Stop order. Whenever any work is being done
contrary to the provisions of this code, the building
official may order the work stopped by notice in writing
served on any persons engaged in the doing or causing such
work to be done, and any such persons shall forthwith stop
such work until authorized by the building official to
proceed with the work.
104.2.5 Occupancy violations. Whenever any
structure is being used contrary to the provisions of this
code or any other city ordinance, the building official may
order such use discontinued and the structure, or portion
thereof, vacated by notice served on any person causing
such use.to be continued. Such person shall discontinue
the use within ten (i0) days after receipt of such notice
or make the structure, or portion thereof, comply with the
requirements of this code or applicable ordinance;
provided, however, that in the event of an unsafe building,
Chapter 16.40 of the Palo Alto Municipal Code shall apply.
104.2.6 Administrative immunity from liability. The
building official, or any officer, agent or employee of the
city charged with the enforcement of this code, acting in
good faith and without malice for the city in the discharge
of required duties, shall not thereby be rendered
personally liable for damages that may accrue to persons or
property as a result of an act or by reason of an act or
omission in the discharge of such duties.
[104.2.7 No change]
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[104.2.8 No change]
[104.2.9 No change]
104.2.10 Cooperation of other officials. The
building official may request, and shall receive so far as
may be necessary in the discharge of his or her duties, the
assistance and cooperation of other officials of the city.
104.2.11 Authority to require exposure of work.
Whenever any work, in which called inspections are required
by this code, is covered or concealed by additional work
without first having been inspected, the building official
may require, by written notice, such work to be exposed for
examination. The work of exposing and recovering shall not
entail expense to the city.
104.2.12 Authority to stop use or occupancy.
Whenever any portion of a building is loaded in excess of
the loading for which it was constructed or whenever it
houses an occupancy other than that for which it was
constructed or whenever there is an encroachment upon any
required court or yard, the building official may order, by
written notice, that such violation be discontinued.
The written notice shall state the nature of the
violations and shall fix the time for the abatement
thereof. If the violations have not been abated by the
expiration of the fixed time, the certificate of occupancy
shall thereupon be null and void."
16.04.050 Section 105 deleted.
Section 105 of the California Buiiding Code is deleted.
16.04.060 Violations--Penalties.
It is unlawful for any person, firm, or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, or occupy or maintain any building
or structure in the city, or cause or permit the 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 such
person is guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions
of this building code is committed, continued, or permitted, and
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990414 sdl 0032131
upon conviction of any such violation such person shall be punished
as provided in subsection (a) of Section 1.08.010 of this code.
16.04.070 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: (I) chief building official; (2)
assistant building official; (3) building inspection supervisor;
and (4) code enforcement officer.
16.04.080 Recordation of building code violations.
When the building official determines that a violation of
this chapter or chapters 16.08 or 16.16 of this code has occurred,
he or she 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
building official shall issue and record a release of the notice of
pendency of code violation.
16.04.090 Section 106.2-2 amended.
Section 106.2-2 of the California Building Code is amended
to read:
"2. Fences not over 7 feet high."
16.04.100 Section 106.4.4 amended--Expiration.
Section 106.4.4 of the California Building Code is amended
to read:
"106.4.4 Expiration. Every permit issued by the
building official under the provisions of this code shall
expire by limitation.and become null and void if the
building or work authorized by such permit is not commenced
within 180 days from the date of such permit, or if the
building or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a
period of 180 days. Before such work can be recommenced,
a new permit shall be first obtained to do so, and the fee
therefor shall be one half the amount required for a new
permit for such work, provided no changes have been made or
will be made in the original plans and specifications for
such work; and provided further that such suspension or
abandonment has not exceeded one year. In order to renew
5
990414 sd[ 0032131
action on a permit after one year, the permittee shall pay
a new full permit fee.
Any permittee holding an unexpired permit may apply
for an extension of the time within which work may commence
under that permit when the permittee is unable to commence
work within the time required by this section for good and
satisfactory reasons. The building official may extend the
time for action by the permittee for a period not exceeding
180 days on written request by the permittee showing that
circumstances beyond the control of the permittee have
prevented action from being taken. No permit shall be
extended more than once.
For the purpose of this section, failure to progress
a project to the next level of required inspection shall be
deemed .to be abandonment of the project."
16.04.110 Section 106.4.6 added--Demolition permits.
Subsection 106.4.6 is added to the California Building Code
to read:
"106.4.6 Demolition Permits. In addition to other
requirements of law, every person seeking a demolition
permit for a unit used for residential rental purposes
shall furnish an affidavit or declaration under penalty of
perjury that the unit proposed to be demolished is vacant,
or that notice to vacate has been given to each tenant
lawfully in possession thereof as required by law or by the
terms of such tenancy.
No work or demolition shall begin upon any portion of
such a unit until each and every portion has been vacated
by all tenants lawfully in possession thereof on the date
of issuance of a demolition permit, or who have become
lawful tenants subsequent thereto."
16.04.120 Section 109 amended--Certificate of occupancy.
read:
Section 109 of the California Building Code is amended to
~i09. Certificate of Occupancy.
109.1 Certificate Required. In order to safeguard
life and limb, health, property and public welfare, every
building structure or portion thereof shall conform to the
construction requirements for the occupancy to be housed
990414 sd[ 0032131
6
therein or for the use to which the building structure, or
portion thereof is to be put, as set forth in this code.
No building or structure or portion thereof
constructed or altered shall be used or occupied until a
certificate of occupancy has been issued therefor.
Exception: No structure, of Group R Division 3 or
Group U, or a structure, the architecture of which inhibits
occupancy, shall require a certificate of occupancy.
109.2 ~Change of Occupancy or Tenancy. Each change of
occupancy, official name~ or tenancy of any building,
structure or portion thereof, shall .require a new
certificate of occupancy, whether or not any alterations to
the building are required by this code.
If a portion of any building does not conform to the
requirements of this code for a proposed occupancy, that
portion shall be made to conform. The building official
may issue a new certificate of occupancy without stating
therein that all of the requirements of the code have been
made and without requiring compliance with all such
requirements if he or she finds that the change in
occupancy or tenancy will result in no increased hazard to
life or limb, health, property or public welfare.
When application is made for such certificate of
occupancy, the building official and fire chief shall cause
an inspection of the building to be made. The inspector
shall advise the applicant of those alterations necessary,
or if none is necessary, shall make a report of compliance
to the building official.
Before any application for such certificate of
occupancy is accepted, a fee as set forth in the municipal
fee schedule shall be paid by the applicant to cover the
cost to the city of the inspection of the building for.
which a change of occupancy or tenancy is required. Such
fee shall be in addition to the regular building permit fee
required by this code.
109.3 Content of Certificate.
contain the following:
Each certificate shall
I.The building permit number.
2.The address of the building.
3.The name and address of the owner or lessee.
990414 sdl 0032131
7
4. A description of that portion of
building for which the tertificate is issued.
the
5. The use
certificate is issued.
and occupancy for which the
109.4 Temporary Certificates. Notwithstanding the
provisions of subsection 109.4 of this section, if the
building official after conferring with the fire chief
finds that no substantial hazard will result from occupancy
of any building, or portion thereof, before the same is
completed and satisfactory evidence is submitted that the
work could not have been completed prior to the time such
occupancy is desired because of its magnitude or because of
unusual construction difficulties, the building official
may issue without charge a temporary certificate of
occupancy for any building or portion thereof. Such
temporary certificate of occupancy shall be valid for a
period not to exceed six (6) months. After the expiration
of a temporary certificate of occupancy, the~building,
structure or portion thereof shall require a certificate of
occupancy in accordance with other provisions of this
section.
Upon payment of a fee as set forth in the municipal
fee schedule, duplicates of the certificate or temporary
certificate may be secured by the owner, architect,
engineer, contractor, permittee or tenant.
109.5 Posting of Certificate of Occupancy. In Groups
A, B, E, F, H, I, M, R-I and S occupancies, the
certificates of occupancy shall be posted in a conspicuous,
readily accessible place in the portion of such building
being used for such occupancy.
109.7 Compliance. No person shall use or occupy any
building or structure or any portion thereof, for which a
certificate of occupancy is required by this Section 109
without first obtaining, posting, and keeping posted, a
proper certificate of occupancy as required by this
Section."
16.04.130 Section 207 amended--Definition of family.
The definition of "Family" in Section 207 of the California
Building Code is amended to read:
"207. Family. The term "family" shall have the
meaning ascribed in section 18.04.030 of the Palo Alto
Municipal Code."
990414 sdl 0032131
8
to read:
16.04o140 Section 904.2.10 added.
Section 904.2.10 is added to the California Building Code
~904.2.10 Special Provisions. In any building or
group of buildings where, in the judgment of the fire
chief, such building or group of buildings due to size,
height, type of construction, location on property,
contents or occupancy classification would exceed or
severely tax the capabilities of the local fire department
to perform a reasonable level of rescue and fire
suppression operations, fire flows required for each
building will be determined utilizing the Palo Alto Fire
Department, Fire Flow Worksheet; FPB 23, set forth in
Section 15.04.370 of the Palo Alto Municipal Code.
Regardless of area or occupancy separation walls, when more
than i000 GPM fire flow is required, the building shall be
sprinklered.Such buildings shall include, but are not
limited to:
All buildings morethan five (5) stories or
fifty feet (50’) in height.
o
°
Buildings where limited access for fire
apparatus does not permit mobile unit
operation of ladder companies to within
fifteen feet (15’) of openings in stories
as required in Section 904.2.2-1.
Buildings where access for-fire ~pparatus
does not ~permit use of pump and hose
companies to reach all sides of the
building without hand-laying more than 150
feet of fire hose from a maximum of two (2)
mobile pumping units.
904.2.9.1. Buildings including Group R, Division 3
and Group U occupancy constructed in the hazardous fire
area west of the Junipero Serra Freeway shall be fire
sprinklered and provided with exterior wet standpipes
approved by the fire chief. Such sprinklers may be
connected to domestic water supply providing the piping is
of approved sizing and sufficient coverage of the area is
approved and an approved accessible shut-off is provided
for each room or area. Exterior standpipes shall deliver
fire flows derived by the following formula: GPM = square
footage of floor area x 8 (ceiling height) + i00 x .5.
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9
904.2.9.2 If a fire sprinkler system is not required
for purposes other than this section, the area increases
specified in Section 505.3, or the height and story
increases specified in Section 506, or the fire-resistive
substitution in Section 508 may be permitted.
904.2.9.3 Additions to existing buildings. This
section shall apply to all new construction including
additions.
If the entire building area exceeds the
area permitted in Section 904.2.2 through
904.2.9, the entire building shall be
sprinklered.
If the addition requires an automatic
sprinkler system by Section 904.2.10, but
the entire building is below the area
specified in Section 904.2.2 through
904.2.9, the addition shall be sprinklered
and separated from the existing building by
an area separation wall a~ specified in
Section 504.6.
Exception: The fire flow limitation of i000 GPM
contained in Section 904.2.10 shall not apply to single
family or duplex structures not located in the hazardous
fire area."
16.04.150 Section 1503.1 added--Construction of buildings
in the foothills area.
read:
Section 1503.1 is added to the California Building Code to
"1503.1 Construction of Buildings in Foothills Area.
The Council of the City of Palo Alto finds and declares
that the area within the City of Palo Alto to the west of
Junipero Serra Freeway is a hazardous fire area and that it
is, therefore, necessary to establish specia! minimum fire-
resistive requirements in this area for the protection of
life and property. In addition to the special requirements
of Section 904.2.10, all roofs shall be as specified in
Section 1504.1 or 1504.2."
16.04.160 Table 18-I-C amended.
read:
Table 18-I-C of the California Building Code is amended to
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10
~TABLE 18-I-C
FOUNDATIONS FOR STUD BEARING WALLS
MINIMUM REQUIREMENTS
Number
of
Stories
Depth of Foundation
Below Natural Surface
Thickness of Width of Thickness of Ground and Finish
Foundation Wall Footing of Footing Grade (Inches)
(Inches)(Inches)(Inches)Good Soil Adobe
1 & 2
3
u occupancy
structures
8
8
6
14 8 20 20
18 8 30 30
12 12 12 12
All foundations as required in the above Table shall
be continuous and have a minimum of three #4 bars of
reinforcing steel, except for one story, detached accessory
buildings of Group U occupancy where one bar is required."
read:
16.04.170 Section 3403.6 added.
Section 3403.6 is added to ~he California Building Code to
~3403.6. Additions, alterations and repairs: More
than fifty percent (50%). When additions, alterations, or repairs
within any twelve (12) month period exceed fifty percent (50%) of
the value of an existing building or structure designed and
constructed prior to the 1976 edition of the Uniform Building Code,
such building or structure shall be made to conform to the
requirements of section 1624 for new buildings or structures..
Value shall be determined from the cost per square foot table in
the most current issue of Building Standards,.published by the
International Conference of Building Officials."
16.04.180 Section 3403.7 added.
read:
Section 3403.7 is added to the California Building Code to
~3403.7, In existing buildings, when a permit is
issued for alterations or repairs, the existing suspended ceiling
system within the area of the alterations or repairs shall comply
with the lateral design requirements of Uniform Building Code
Standard 25-2, Part III."
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11
16.04.190 Appendix Chapter 34, Division III added.
Appendix Chapter 34, Division III of the Uniform Building
Code is added.
16.04.200 Appendix Chapter 4 Section 421.1-5 deleted.
Section 421.1-5 of Appendix Chapter 4 of the California
Building Code is deleted.
16.04.210 Appendix Chapter 4 Section 421.3 added.
Section 421.3 is added to Appendix Chapter 4 of the
California Building Code to read:
4421.3 Covers. Spas or hot tubs equipped with a
lockable cover and swimming pools located on sites of one
acre or larger incorporating automatic, key operated .covers
are exempt from the requirements of this section. All
covers must comply with applicable ASTM standards."
16.04.220
deleted.
.Section ii0 of the California Mechanical Code
Section ii0 of the California Mechanical Code is deleted.
16.04.230
amended.
Section 115 of the California Mechanical Code
read:
Section 115 of the California Mechanical Code is amended to
4115. Any person desiring a permit required by this
code, shall, at the time of filing an application therefor,
pay a fee as set forth in the municipal fee schedule."
16.04.240
deleted.
Appendix C of the California Mechanical Code
Appendix C of the California Mechanical Code is deleted.
16.04.250 California Historical Building Code adopted.
The "California Historical Building Code", Title 24, Part
8 (authorized by Health and Safety Code sections 18950 through
18960), which provides alternative building regulations for the
rehabilitation, preservation, restoration, or relocation of
designated historic buildings, is adopted and by this reference is
made a part of this code with the same force and effect as though
990414 sdl 0032131
12
set out in this chapter in full. A copy of the California
Historical Building Code is on file and open to public inspection
in the office of the building official.
16.04.260 The
Conservation adopted.
1998 California Code for Building
The 1998 "California Code for Building Conservation", being
Part i0 of the California Building Standards Code, and consisting
of Appendix Chapter 1 of the Uniform Code for Building
Conservation, 1997 Edition," promulgated by the Internationa!
Conference of Building Officials, Whittier, California, is adopted
as modified by the California Building Standards Commission, and by
reference made a part of this code with the same force and effect
as though set out herein in full. A copy of the California Code
for Building Conservation is on file and open to public inspection
in the office cf the building official.
~ECTION 2 The Council adopts the findings for local
amendments to the 1998 California Building Standards Code, which
findings are 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 become effective on the
commencement of the thirty-first day after the day of its adoption,
provided, however, the provisions herein acted shal! be operative
from and after July i, 1999.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Planning and
Community Environment
Chief Building Official
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EXHIBIT A
FINDINGS FOR LOCAL AMENDMENTS TO THE 1998
CALIFORNIA BUILDING CODE AND CALIFORNIA MECHANICAL
CODE, WITH RESPECT TO REGULATION OF BUILDINGS USED
FOR HUMAN HABITATION
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, geolQgical, or topographical conditions.
Local building regulations having the effect of Emending
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.
Palo Alto Municipal Code ("PAMC") section 16.04.~030,
Section 102 of the California Building Code deleted.
Finding: This administrative amendment is needed to conform
to the local procedures of the PAMC.
o PAMC section 16.04.040, Section 104.2 of the California
Building Code amended.
Finding: This amendment brings the administrative provi-
sions of the Uniform Building Code into compliance with the
Palo Alto Municipal Code and the organization of the City
of Palo Alto.
°PAMC section 16.04.050, Section 105 of the California
Building Code deleted.
Finding: This administrative amendment deletes Cali£ornia~
Building Code Section 105, relating to a Board of Appeals.
This section is deleted to avoid conflict with the
procedures set forth in the Palo Alto Municipa! Code.
990414 sdl 0032131
15
o
o
°
PAMC section 16.04.090, Section 106.2.2 of the California
Building Code amended.
Findinq: This administrative amendment amends a permitting
category to comply with the PAM~.
PAMC section 16.04.100, Section 106.6.6 of the California
Building Code amended.
Finding: This administrative amendment clarifies when a
permit expires.
PAMC section 16.04.110, Section 106.4.6 added to the
California Building Code.
Finding: This amendment requires the notification of the
occupants of a residential building prior to the issuance
of a demolition permit. This amendment also requires that
the building be vacated prior to the issuance of the
demolition permit. This administrative amendment is needed
to ensure the safety of the occupants of a building which
is to be demolished.
PAMC section 16.04.120, Section 109 of the California
Building Code amended.
Finding: This administrative amendment provides for a
Certificate of Occupancy to be issued for each occupant
change of a building. The amendment is needed for the
building to be inspected when tenants change to ascertain
compliance with life safety items. This section also
permits the issuance of a temporary Use and~ Occupancy
Certificate provided all life safety items have been
complied with prior to completion of the entire project.
PAMC section 16.04.130, Section 207 of the California
Building Code amended.
Finding: This administrative amendment is needed to make
the building code definition of "Family" conform to
California case law.
PAMC section 16.04.140, Section 904.2.10 added to the
California Building Code.
Finding. This amendment addresses the local need for
built-in fire protection when, in the opinion of local fire
officials, a particular building represents a fire-defense
problem that may exceed or tax the capability of the Palo
990414 sdl 0032131
16
i0.
ii.
12.
Alto Fire Department. This amendment is consistent with
Title 15 of the PAMC, and is necessary when geographic or
topographical conditions so requirel With the elevation
changes within the City, development is following the path
of least resistance, creating a meandering pattern. This
does not lend itself to a good systematic street and road
layout, which would promote easy traffic flow. It has, in
fact, resulted in few major crosstown thoroughfares which
tend to be heavily congested, primarily during commute
hours and seasonal periods of the year. This c~eates
barriers which reduce the response time of fire equipment
and other emergency services. The topography of the City
is being burdened by major structures. Employment areas
are throughout the City. The people who work in these
complexes have added to the traffic congestion throughout
the City, thereby reducing the fire department’s response
time capabilities.
Inherent delays caused by the traffic patterns to many of
these types of projects, make it necessary to mitigate this
problem by requiring additional built-in automatic fire
protection systems, that provide early detection and
initial control until the arrival of the fire department.
PAMC section 16.04.150, Section 1503-1 added to the
California Building Code.
~inding: This amendment is needed because the fire hazard
of wood roofs has long been recognized by the National~Fire
Protection Association. Conflagrations in Santa Barbara,
Los Angeles and Houston have led to similar ordinances.
The Palo Alto foothills have caused many problems for fire
fighters including long response times, inadequate water
supply and unlimited fuel.
PAMC section 16.04.160, Table 18-I-C of the California
Building Code amended.
Finding: This amendment is needed due to Palo Alto’s
expansive adobe soil conditions. The foundation required
is based on standard engineering practices.
PAMC section 16.04.170, Section 3403.6 added to California
Building Code.
Finding: This amendment requires that existing structures
be brought to current standards for earthquake forces at
the time of major remodeling if the value of the remodeling
exceeds fifty percent (50%) of the value of the existing
990414 sdl 0032131
17
13.
°14.
15.
16.
structure. This amendment is necessary because of Palo
Alto’s proximity to major, active fault lines.
PAMC section 16.04.180, Section 3403.7 added to California
Building Code.
Finding: This amendment requires that existing suspended
ceilings be braced for lateral forces at the time of
removal. This amendment is necessary because of Palo
Alto’s proximity to major, active fault lines.
Appendix Chapter 34, Division III of the Uniform Building
Code added.
Finding: Federal Emergency Management Agency (FEMA)
regulations require that the City adopt this amendment in
order to qualify for federal funds following a natural
disaster. The geographical, topographical or climatic
conditions in the City of Palo Alto make it particularly
susceptible to earthquakes and flooding conditions.
PAMC sections 16.04.200 and 16.04.210, Appendix Chapter 4
of the California Building Code amended by deleting Section
421-5 and adding Section 421.3.
Finding: This administrative amendment is necessary to
conform to the Palo Alto Municipal Fee Schedule.
PAMC section 16.04.220, Section ii0 of the California
Mechanical Code deleted.
Finding: This administrative amendment is needed to
conform .to local procedures of the Palo Alto Municipal
Code.
990414 sdl 0032131
18
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING PART 5 OF THE 1998 CALIFORNIA BUILDING
STANDARDS CODE (1997 UNIFORM PLUMBING CODE);
AMENDING CHAPTER 16.08 OF THE PALO ALTO MUNICIPAL
CODE;AND MAKING CERTAIN FINDINGS WITH RESPECT
THERETO
The Council of the city of Palo Alto does ORDAIN as
follows:
.SECTION I. Chapter 16.08 of the Palo Alto Municipal Code
is hereby amended by deleting Chapter. 16.08 and adding Chapter
16.08 to read as follows:
CHAPTER 16.08
PLUMBING CODE
16.08.010 The 1998 California Plumbing Code adopted.
The "California Plumbing Code," being Part 5 of the 1998
California Building Standards Code, Title 24 of the California Code
of Regulations, is adopted and by this reference made a part of
this code with the same force and effect as though set out in full.
The California Plumbing Code consists of the "Uniform Plumbing
Code, 1997 Edition," but excluding all appendices, promulgated by
the International Association of Plumbing and Mechanical Officials,
20001 Walnut Drive South, Walnut, California 91789-2825, which
regulates the installation, alteration, repair, removal,
conversion, use and maintenance of plumbing, gas, swimming pools,
drainage systems and other similar work and provides for the
issuance of~permits for the doing of such work, as modified by the
California Building Standards Commission. A copy of the California
Plumbing Code is on file for public inspection in the office of the
building official.
16.08.020 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.
16.08.030 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
990414 sdl 0032132
1
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: (i) chief building official;
(2) assistant building official; (3) building inspection
supervisor; and (4) code enforcement officer.
16.08.040 Dangerous and unsanitary construction.
(a) Any portion of a plumbing system found by the building
official to be unsanitary as defined in this chapter is declared to
be a nuisance.
(b) Whenever brought to the attention of the department
having jurisdiction that any unsanitary conditions exist or that
any construction or work regulated by this chapter is dangerous,
unsafe, unsanitary, a nuisance or a menace to life, health, or
property or otherwise in violation of this chapter, the department
may request an investigation by the building official who, upon
determining such information to be fact, shall order any person,
firm or corporation using or maintaining any such condition or
responsible for the use or maintenance thereof to discontinue the
use or maintenance thereof or to repair, alter, change, remove, or
demolish same as the building official may consider necessary for
the proper protection of life, health or property and, in the case
of any person, firm or corporation supplying gas to such piping or
appliance to discontinue supplying gas thereto until such piping or
appliance is made safe to life, health or property.
(c) Refusal, failure or neglect to comply with any such
notice or order is unlawful.
(d) When any plumbing system is maintained in violation of
this chapter or in violation of any notice issued pursuant to the
provisions of this chapter or where a nuisance exists in any
building or on a lot on which a building is situated, the building
official may institute any appropriate action or proceeding in any
court or competent jurisdiction to prevent, restrain, correct, or
abate the violation or nuisance.
16.08.050 Permit fees.
(a) Every applicant for a permit to do work regulated by
this chapter shall state in writing, on the application form
provided for that purpose, the character of work proposed to be
done and the amount and kind of connection therewith, together with
such information pertinent thereto as may be required. Such
applicant shall pay for each permit issued, at the time of
issuance, a fee in accordance with the municipal fee schedule, and
the rate provided for each classification shall be shown in that
schedule.
(b) Any person who commences any work for which a permit
is required by this chapter without first having obtained a permit
therefor shall, if subsequently permitted to obtain a permit, pay
double the permit fee fixed by the municipal fee schedule for such
2
990414 sdl 0032132
work; provided, however, that this provision shall not apply to
emergency work when it is proven to the satisfaction of the
building official that such work was urgently necessary and that it
was not practical to obtain a permit therefor before the
commencement of the work. In all such cases, a permit must be
obtained as soon as it is practical to.do so, and if there is an
unreasonable delay in obtaining such permit, a double fee as
provided in the municipal fee schedule shall be charged.
16.08.060 Extra inspections.
When extra inspections are necessary by reason of deficient
or defective work, or otherwise through fault or error on the part
of the holder of the permit or on the part of the holder’s agents
or employees, only one such extra inspection shall be made under
the regular fees as prescribed in this chapter. For each and every
further extra visit or inspection for which the holder of the
permit or the holder’s employees is entirely .responsible, a fee
shall be charged as set forth in the municipal fee schedule.
16.08..070 Section 305.4 added.
read:
Section 305.4 is added to the California Plumbing Code to
~305.4 All non-domestic waste shall comply with the City
of Palo Alto Sewer Use Ordinance. (Palo Alto Municipal Code
Chapter 16.09)"
16.08.080 Subsection 601.4 added.
read:
Section 601.4 is added to the California Plumbing Code to
~601.4 Hose Bib. All commercial and industrial buildings
whose building face is parallel to the City sidewalk shall have a
hose bib connection installed, conveniently available to
accommodate persons washing the building face, watering plants or
washing down of city sidewalks."
16.08.090 Section 604.0 preempted.
Section 604.0 of the Uniform Plumbing Code, 1997 Edition,
is preempted by California state law. Section 1004 of the 1979
edition of the Uniform Plumbing Code shall remain in full force and
effect until modified by the State of California.
16.08.100 Subsection 719.7 added.
Subsection 719.7 is hereby added to the California Plumbing
Code to read:
~719.7 A cleanout shall be provided at the point of
connection between the house line and the city lateral and an
approved fitting shall .be used to bring the cleanout riser to
3
990414 sdl 0032132
grade. When sewer cleanouts are to be connected to existing city
laterals, such connections shall be accomplished by use of an
approved fitting."
deleted.
16.08.110 Section 103.4 deleted.
California Plumbing Code Section 103.4 (Permit Fees) is
SECTION 2. The Council adopts the findings for newly
enacted local amendments to the 1998 California Plumbing Code,
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 canbe seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the
environment.
SECTION 4. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its
adoption, provided, however, the provisions herein enacted shall be
operative from and after July i, 1999.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Planning and
Community Environment
Chief Building Official
4
990414 sd10032132
EXHIBIT A
FINDINGS FOR LOCAL AMENDMENTS TO THE
1997 UNIFORM PLUMBING CODE
Section 17958 of the Californi~ Health and Safety Code
provides that the City may make changes to the provisions in the
uniform codes that are published in 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 in the uniform codes and published in 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, including amendments made only
for administrative consistency, do not require findings.
The findings made by the Council of the City of Palo Alto
in Ordinance 3215 adopting the 1979 Uniform Plumbing Code
reaffirmed the findings which had been. made by prior
Council actions in adopting amendments to the Uniform
Plumbing Code subsequent to November 23, 1970. Such
findings have been reaffirmed with each successive adoption
of the Uniform Plumbing Code as published in the California
Building Standards Code, and are hereby reaffirmed and
expressly made applicable to all local amendments that are
hereby again adopted and carried through without signifi-
cant change.
o PAMC 16.08.080 Section 604.0 preempted.
.Finding: This amendment is necessary to conform with
California law prohibiting the expanded use of CPVC, PVC,
PE and PB piping for potable water systems within a
building.
0 PAMC 16.08.065 Section 305.4 amended.
Findinq: This section is amended to conform with other
provisions of the Palo Alto Municipal Code. This is
specifically authorized in Section 305 of the California
Plumbing Code.
990414 sdl 0032132
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING PART 3 OF THE 1998 CALIFORNIA BUILDING
STANDARDS CODE (1996 NATIONAL ELECTRICAL CODE);
AMENDING CHAPTER 16.16 OF THE PALO ALTO MUNICIPAL
CODE;AND MAKING CERTAIN FINDINGS WITH RESPECT
THERETO
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Chapter 16.16 of the Palo Alto Municipal Code
is hereby amended by deleting Chapter 16.16 and adding Chapter
16.16, to read as follows:
CHAPTER 16.16
ELECTRICAL CODE
16.16.010 The 1998 California Electrical Code adopted.
The ~California Electrical Code," being Part 3 of the 1998
California Building Standards Code, title 24 of the California Code
of regulations, is adopted and by this reference made a Part of
this code with the same force and effect as though set out in full.
The California Electrical Code consists of the "National Electrical
Code, 1996 Edition," promulgated by the National.Fire Protection
Association and approved by the American National Standards
Institute, as modified by the California Building Standards
Commission. A copy of the California Electrical Code is on file
and open to public inspection in the office of the building
official.
Wherever the phrases "uniform electrical code" and
"electrical 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 1998 California Electrical Code, as adopted and amended by
this chapter.
16.16.020 Violations--Penalties.
Any person, firm, or corporation violating any provision of
this electrical code 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 constitutes a separate offense, and upon conviction
thereof shall be punishable as provided in this section.
990414 sd[ 0032133
1
16.16.030 Enforcement--Citation authority.
The following designated employee positions 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: (I) chief building official; (2) assistant building
official; (3) supervisor, building inspection; and (4)code
enforcement officer.
16.16.040 Article 120 added--Permits.
Article 120 is added to Chapter 1 of the California
Electrica! Code to read:
~ARTICLE 120--PERMITS
120-1 Enforcement by building official. It shall be the
duty of the building officia! to enforce the provisions of
this electrical code. The building official shall, upon
application, grant permits for the installation or
alteration of electrical wiring, devices, appliances and
equipment, and shall make inspections of all new electrical
installations and reinspections of all electrical
installations, all as provided in this electrical code.
The building official shall keep complete records of all
permits issued, inspections and reinspections made and
other official work performed in accordance with the
provisions of this electrical code.
120-2 Authority to Disconnect Wire or Service. The
building official shall have the authority to cut or
disconnect any wire in cases of emergency where necessary
for .safety to life or property or where such wire may
interfere, with the work of the Fire Department. The
building official is further authorized to disconnect or
order discontinuance of electrical service to any
electrical wiring, devices, appliances or equipment found
to be dangerous to life or property because they are
defective or defectively installed until such wiring,
devices, appliances, and equipment and their installation
have been made safe and approved by the building officia!.
120-3 Permit Required. No electric wiring, devices,
aplDliances or equipment shall be installed within or on any
building, structure or premises nor shall any alterations
or additions be made in any such existing wiring, devices,
appliances or equipment without first securing a permit
therefor from the building official.
990414 sdl 0032133
Exceptions. No permit shall be required to
perform the following:
i. The replacement of lamps or the connection of portable
appliances to suitable receptacles which have been
permanently installed.
2. The installation, alteration or repair of wiring,
devices, appliances or equipment for the operation of
signals or the transmission of intelligence where such
wiring, devices, appliances or equipment operates at a
voltage not exceeding twenty-five volts between conductors
and does not include generating or transforming equipment
capable of supplying more than fifty watts of energy.
3. The installation, alteration or repair of electric
wiring, devices, appliances and equipment installed by or
for a public utility corporation for the use of such
corporation in the generation, transmission, distribution,
or. metering of electrical energy, or for the use of such
corporation in the operation of signals or the transmission
of intelligence.
120-4 Requirements of Application. Application for such
permit, describing the work to be done, shall be made in
writing to the building official. The application shall be
accompanied by such plans, specifications and schedules as
may be necessary to determine whether the installation as
described will be in conformity with the requirements of
this code, and if the applicant has complied with all
provisions of this code, a permit for such installation
shall be issued; provided, however, that the issuance of
the permit shall not be taken as permission to violate any
of the requirements of this code.
The permit when issued shall be for such installation as
described’in the application and no deviation shall be made
from the installation so described without the written
approval of the building official.
120-5 Penalty Fee for Late Applications. Whenever an
electrical permit fee is required by this code to be paid
prior to starting of electrical work and such work is
started prior to obtaining a permit, a double fee for each
permit will be charged.
120-6 Permit Fees. Each applicant shall pay to the
building official for each permit issued, at the time of
issuance, a fee in accordance with the schedule of fees set
forth in the municipal fee schedule and the rate for each
classification.
No permit shall be issued to any person unless all fees due
are paid in full.
990414 sdl 0032133
3
120-7 Inspection and Certificate of Approval. Upon
completion of the work which has been authorized by
issuance of any permit, except an annual permit, it shall
be the duty of the person installing the same to notify the
building official who shall inspect the installation.
Where the building official finds" the installation to be in
conformity with the provisions of this code, he or she
shall issue to the person making the installation a
certificate of approval, authorizing the use of the
installation and connection to the source of supply, and
shall send notice of such authorization to the department
of light and power.
120-8 Correction of Defects. If, upon inspection, the
installation is not found to be fully in conformity with
the provisions of this code, the building official shall as
soon as possible notify the person making the installation,
statin~ the defects which have been found to exist.
All defects shall be corrected within ten days after
inspection and notification, or within other reasonable
time as permitted by the building official.
120-9 Temporary and Preliminary Permits. When a
certificate of approval is issued authorizing the
connection and use ~of temporary work, such certificate
shall be issued to expire at a time to be stated therein
and shall be revocable by the building official for cause.
A preliminary certificate of approval may be issued
authorizing the connection and uSe of certain specific
portions of an incomplete installation; such certificate
shall be revocable at the discretion of the building
official.
120-10 Concealment of Wiring; Right to Require Removal.
When any part of a wiring installation is to be hidden from
view by the permanent placement of parts of the building,
the person installing the wiring shall notify the building
official and such parts of the wiring installation shall
not be concealed until they have been inspected and
’approved by the building official; provided that on large
installations, where the concealment of parts of the wiring
proceeds continuously, the person installing the wiring
shall give the building official due notice and inspection
shall be made periodically during the progress of the work.
The building official shall have the power to remove or
require the removal of any obstruction that prevents proper
inspection of any electrica! equipment.
120-11 Connection and Installation. Except where work is
done under an annual maintenance permit, it shall be
unlawful for any person to make connection from a source of
electrical energy or to supply electric wiring, devices,
990414 sdl 0032133
appliances or equipment for the installation of which a
permit is required, unless such person shall have obtained
satisfactory evidence that such wiring, devices,
appliances, or equipment are in all respects in conformity
with all applicable provisions of this code.
120-12 Unlawful to Connect without Certificate of
Approval. It shall be unlawful for any person to make
connection from a source of electrical energy or to supply
electric service to any electric, wiring, devices,
appliances or equipment which has been disconnected or
ordered to be disconnected by the building official or the
use of which has been ordered by the building official to
be discontinued until a certificate of approval has been
issued by the building official authorizing the
~econnection and use of such wiring, devices, appliances or
equipment. The building official shall notify the
department of light and power of such order to discontinue
use."
16.16.050 Article 300-I(c)
methods--General requirements.
through (e)added~-Wiring
Three new subsections are added to Article 300-1 of the
1998 California Electrical Code, to be designated (c) through (e)
and to read:
"(c) All buildings and structures (other than single or
two family dwellings, apartment buildings of wood frame
construction not exceeding three stories in height and
accessory buildings thereto) shall be wired in an approved
type raceway or metallic covered cable permitted by-this
code.
(d) Binding screws and self-locking wire terminals of
receptacles and switches shall not be substituted for
splicing devices or splices in conductors.
(e) That portion of a building to be remodeled shall be
wired in accordance with this code and all other areas’ of
the building shall be made safe as may be required by the
building official."
SECTION 2. The Council adopts the findings for newly-
enacted local amendments to the 1998 California Electrical Code,
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.
5
990414 sdl 0032133
SECTION 4. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its
adoption, provided, however, the provisions herein enacted shall be
operative from and after July i, 1999.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Planning and
Community Environment
Chief Buildihg Official
990414 sdl 0032133
EXHIBIT A
FINDINGS FOR LOCAL AMENDMENTS TO THE
1996 CALIFORNIA ELECTRICAL CODE
Section 17958 of the California Health and Safety Code
provides that the Citymay make changes to the provisions in the
uniform codes that are published in 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 in the uniform codes and published in 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 ef 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 whichwere 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.
The findings made by the Council of the City of Palo Alto
in Ordinance 2600 adopting the 1968 National Electrical Code and
the findings adopted by the Council in Ordinance 2811 adopting the
1971 National Electrical Code, have been reaffirmed with~each
successive adoption of the National Electrical Code as published in
the California Building Standards Code, and are hereby reaffirmed
and expressly made applicable ~to such changes as are hereby
adopted, readopted, amended or carried through without significant
change. New amendmen[s or modifications to the National Electrical
Code have been made for administrative consistency only, and do not
require findings pursuant ~to California Health and Safety Code
section 17958.7.
990414 sdl 0032133