HomeMy WebLinkAboutStaff Report 385-07City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
6
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:OCTOBER 15, 2007 CMR: 385:07
SUBJECT:INTRODUCTION OF FIVE ORDINANCES: (1) REPEALING CHAPTER
16.04 OF THE PALO ALTO MUNICIPAL CODE AND AMENDING
TITLE 16 TO ADOPT A NEW CHAPTER 16.04, CALIFORNIA
BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, AND
CALIFORNIA EXISTING BUILDING CODE, 2007 EDITIONS, AND
LOCAL AMENDMENTS AND RELATED FINDINGS; (2) ADOPTING A
NEW CHAPTER 16.05 OF THE PALO ALTO MUNICIPAL CODE,
CALIFORNIA MECHANICAL CODE, 2007 EDITION; (3) REPEALING
CHAPTER 16.08 OF THE PALO ALTO MUNICIPAL CODE AND
AMENDING TITLE 16 TO ADOPT A NEW CHAPTER 16.08,
CALIFORNIA PLUMBING CODE, 2007 EDITION, AND LOCAL
AMENDMENTS AND RELATED FINDINGS; (4) REPEALING
CHAPTER 16.16 OF THE PALO ALTO MUNICIPAL CODE AND
AMENDING TITLE 16 TO ADOPT A NEW CHAPTER 16.16,
CALIFORNIA ELECTRICAL CODE, 2007 EDITION, AND LOCAL
AMENDMENTS AND RELATED FINDINGS; AND (5) ADOPTING A
NEW CHAPTER 16.17 OF THE PALO ALTO MUNICIPAL CODE,
CALIFORNIA ENERGY CODE, 2005 EDITION; AND SETTING A
PUBLIC HEARING ON ALL FIVE ORDINANCES FOR NOVEMBER 13,
2007
RECOMMENDATION
Staff recommends that the City Council introduce and schedule a public hearing on November
13, 2007 to consider adoption of the attached five ordinances adopting, by reference, the various
parts of the 2007 California Building Standards Code (CBSC), Title 24 of the California Code of
Regulations (described further in the "Background" section of this report). Each ordinance also
contains Palo Alto’s proposed local amendments to each part of the CBSC, along with the
necessary findings of fact supporting each local amendment.
CMR:385:07 Page 1 of 5
BACKGROUND
The five ordinances are described below:
1. Ordinance repealing Chapter 16.04 of the Palo Alto Municipal Code and amending
Title 16 to adopt a new Chapter 16.04, California Building Code, California
Historical Building Code, and California Existing Building Code, 2007 Editions, and
Local Amendments and Related Findings - The California Building Code (CBC) is the
fundamental building code within the State of California that regulates most new building
construction and is based on the 2006 International Building Code (IBC), written by the
International Code Council (ICC), as amended by the California Building Standards
Commission. The California Historical Building Code (CHBC) is unique to California
and prescribes building standards for designated historic structures aimed at balancing the
goals of historic preservation with life, safety and accessibility concerns when the
provisions of the regular building code cannot be achieved. The 2007 California Existing
Building Code (CEBC) is based on the 2006 International Existing Building Code, also
written by the ICC, as amended by the Building Standards Commission. Similar to the
CHBC, the CEBC prescribes alternative building standards for existing structures when
the provisions of the regular code cannot be achieved.
Ordinance adopting a new Chapter 16.05 of the Palo Alto Municipal Code,
California Mechanical Code, 2007 Edition - The California Mechanical Code (CMC)
is based on the 2006 Uniform Mechanical Code (UMC), written by the International
Association of Plumbing & Mechanical Officials (IAPMO), as amended by the Building
Standards Commission, and prescribes standards for mechanical heating, ventilating and
cooling systems, and appurtenant equipment, within buildings.
Ordinance repealing Chapter 16.08 of the Palo Alto Municipal Code and amending
Title 16 to adopt a new Chapter 16.08, California Plumbing Code, 2007 Edition, and
Local Amendments and Related Findings - The 2007 California Plumbing Code
(CPC) is based on the 2006 Uniform Plumbing Code (UPC), also written by the IAPMO,
as amended by the Building Standards Commission, and prescribes standards for water
and wastewater distribution systems, and appurtenant equipment, within buildings.
Ordinance repealing Chapter 16.16 of the Palo Alto Municipal Code and amending
Title 16 to adopt a new Chapter 16.16, California Electrical Code, 2007 Edition, and
Local Amendments and Related Findings - The 2007 California Electrical Code
(CEC) is based on the 2005 National Electrical Code, written by the National Fire
Protection Agency (NFPA), as amended by the Building Standards Commission, and
prescribes standards for electrical supply and operating systems and appurtenant
equipment within buildings.
5. Ordinance adopting a new Chapter 16.17 of the Palo Alto Municipal Code,
California Energy Code, 2005 Edition - The 2005 California Energy Code, adopted by
the California Energy Commission, is unique to California and sets forth the minimum
mandatory energy efficiency requirements for all buildings and structures.
DISCUSSION
Typically, a new edition of the CBSC is published and adopted by the State of California every
three years, based substantially on the model uniform codes. Palo Alto last adopted new
building codes in 2002. However, in 2004 the Building Standards Commission opted to remain
CMR:385:07 Page 2 of 5
with the 1997 edition of the Uniform Building Code (UBC) rather than switch to the 2003
editions of the International Building Code (IBC) and the International Residential Code (IRC)
published by the ICC. This year, the BSC adopted and published a new edition of the CBSC
based on the 2006 IBC and updated versions of other model codes. The new CBSC will become
effective statewide on January 1, 2008, as published, unless local jurisdictions adopt more
stringent local amendments in accordance with State law. Generally, the local amendment
process requires local jurisdictions to make specific findings of fact to support each local
amendment, based on climatic, geologic or topographic conditions that are unique to the
jurisdiction. For Palo Alto’s proposed local amendments, these findings of fact are attached to
each Ordinance where applicable.
The majority of the proposed local amendments to the 2007 California Building Code are
technical in nature and have been developed in concert with building officials and building code
consultants from throughout the region to promote consistency across jurisdictions. A number of
these amendments address aspects of the IBC that would otherwise weaken existing building
standards with respect to structural analysis and seismic safety. Additionally, new repair and
reconstruction standards recommended by the Association of Bay Area Governments (ABAG)
are incorporated into the local amendments to meet the Federal Emergency Management
Association’s (FEMA’s) eligibility requirements for post-disaster funding assistance for repairs
to public and private non-profit-owned buildings damaged in disasters. Other amendments
ensure consistency with provisions of the new Fire Code that are described in greater detail in a
companion staff report prepared by the Fire Marshal. Finally, a number of administrative
amendments are proposed to reflect Palo Alto’s current policies for building code enforcement.
Few local amendments are proposed to the 2007 California Electrical and Mechanical Codes,
while several are proposed to the Plumbing Code. These Plumbing Code amendments are
intended to promote consistency with Palo Alto’s Sewer Use Ordinance (PAMC Chapter 16.09)
and support the City’s efforts to reduce copper and other heavy metal discharges from the
Wastewater Treatment Plant, in addition to water conservation, (e.g. the prohibition of single-
pass cooling systems).
Finally, the California Energy Code is proposed for local adoption to set the stage for future local
amendments that would require increased energy efficiency standards beyond the State’s
minimum requirements as a key component of the City’s evolving Green Building Program. The
adoption of all of the new model codes is a significant step towards the eventual implementation
of a Green Building Program since they form the foundation upon which mandatory local Green
Building standards will be developed.
According to the Building Standards Commission, adoption of the new state model codes will
also increase the insurance industry’s Building Code Effectiveness Grading for California
communities, which insurers can then use to grant premium credits for buildings constructed and
enforced under the latest codes. These ratings have been downgraded in recent years because
California has not adopted the latest model codes.
State law requires that a noticed public hearing be held prior to the reading and adoption of any
ordinance that adopts by reference a model code. Therefore, staff recommends that Council set a
CMR:385:07 Page 3 of 5
enforced under the latest codes. These ratings have been downgraded in recent years because
California has not adopted the latest model codes.
State law requires that a noticed public hearing be held prior to the reading and adoption of any
ordinance that adopts by reference a model code. Therefore, staff recommends that Council set a
public hearing on these ordinances for November 13, 2007. Consistent with State law, the codes
and amendments adopted by the ordinances would take effect 30 days after the second reading,
which is scheduled for November 26. Thus, the new model codes and Palo Alto’s local
amendments will go into effect locally in late December, just prior to the January 1, 2008
deadline, when the codes will otherwise go into effect statewide. Prior to the effective date,
Building Division staff will undergo comprehensive training on the new codes and a significant
outreach and public education effort aimed at the design and construction sectors that regularly
work in Palo Alto will be implemented.
POLICY IMPLICATIONS
The State of California mandates enforcement of the updated California Building Standards
Code and it will go into effect regardless of the City’s action or lack of action. As noted though,
the City does have discretion to adopt local amendments to the CBSC and must adopt those
amendments by January 1, 2008.
RESOURCE IMPACT
Resource impacts from the adoption of these ordinances are limited to staff training costs,
purchasing copies of the new codes and implementation of public outreach efforts.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act.
PREPARED BY:
DEPARTMENT HEAD REVIEW:
LARRY I. PE
Chief B,pilding Official
#"
/’STEVE EMSJZI~E
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
¯
EM~Y HARRISON
Assistant City Manager
CMR:385:07 Page 4 of 5
Building Code, and California Existing Building Code, 2007 Editions, and Local
Amendments and Related Findings.
2.Ordinance adopting a new Chapter 16.05 of the Palo Alto Municipal Code, California
Mechanical Code, 2007 Edition.
3. Ordinance repealing Chapter 16.08 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.08, California Plumbing Code, 2007 Edition, and Local
Amendments and Related Findings.
4. Ordinance repealing Chapter 16.16 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.16, California Electrical Code, 2007 Edition, and Local
Amendments and Related Findings.
5.Ordinance adopting a new Chapter 16.17 of the Palo Alto Municipal Code, California
Energy Code, 2005 Edition.
COURTESY COPIES:
Chamber of Commerce
Stanford - Jean McCown
Home Builders Association
Board of Realtors
League of Woman Voters
Silicon Valley Leadership Group
Santa Clara Valley Chapter AIA
CMR:385:07 Page 5 of 5
** *NOT YET APPROVED* * *
ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING CHAPTER 16.08 OF THE PALO ALTO MUNICIPAL
CODE AND AMENDING TITLE 16 TO ADOPT A NEW CHAPTER
16.08, CALIFORNIA PLUMBING CODE, 2007 EDITION, AND
LOCAL AMENDMENTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION !. Chapter 16.08 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety Chapter 16.08 and adopting a new Chapter 16.08 to read as follows:
16.08 CALIFORNIA PLUMBING CODE
16.08.010 2007 California Plumbing Code adopted.
The California Plumbing Code, 2007 Edition, Title 24, Part 5 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.
One copy of the California Plumbing Code, 2007 edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.08.020 2007 California Plumbing Code Appendix Chapters adopted.
The following Appendix Chapters ofthe California Plumbing Code, 2007 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 A - Recommended Rules for Sizing the Water Supply System
B.Appendix I - Installation Standards
16.08.030 Cross - References to California Plumbing Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Plumbing Code, 2007 Edition, in order to facilitate reference and comparison to those provisions.
16.08.040 Violations -- Penalties.
Any person, finn 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 1.081010 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.
071001 ~s8260596 ]
** *NOT YET APPROVED* * *
16.08.050 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)
assistant building official; (3) building inspection supervisor; and (4) code enforcement officer.
16.04.060 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Plumbing Code, 2007 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter.
16.04.070 Section 305.4 added - Sewers Required (Palo
referenced).
Section 305.4 is added to the California Plumbing Code to read:
Alto Sewer Use Ordinance
305.4 All non-domestic waste shall comply with the City of Palo Alto Sewer Use
Ordinance (Palo Alto Municipal Code Chapter 16.09). Where discrepancies exist
between the requirements of this code and said ordinance, the provisions of said
ordinance shall apply.
16.04.080 Table 6-4 amended- Deletion of Footnote 1.
Footnote 1 to Table 6-4 of the California Plumbing Code is amended to read as follows:
The use of PE-AL-PE and PEX-AL-PEX in potable water supply systems is not
adopted for applications under the authority of the City of Palo Alto.
16.04.090 Section 604.11 PEX, and Sub-Sections 604.11.1 PEX Fittings,
Water Heater Connections adopted.
Section 604.11 PEX, and Sub-Sections 604.11.1 PEX Fittings, and 604.11.2
Connections of the California Plumbing Code are adopted by the City of Palo Alto.
and 604.11.2
Water Heater
16.04.100 Section 605.9 added - Valves (Hose bibs required).
Section 605.9 is added to the California Plumbing Code to read:
605.9 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 or watering plants.
16.04.110 Section 701.1 amended- Materials.
Section 701.1 of the California Plumbing Code is amended to read:
701.1 Drainage piping shall be cast iron, galvanized steel, galvanized wrought
071001 ~s 8260596 2
** *NOT YET APPROVED* * *
iron, Stainless Steel 304 or 316L, Schedule 40 ABS DWV, Schedule 40 PVC
DWV, extra-strength vitrified clay pipe, or other approved materials having a
smooth and uniform bore, except that:
16.04.120 Section 701.1.4 amended - Materials
Section 701.1.4 of the California Plumbing Code is amended to read:
701.1.4 Copper tube for vent piping shall have a weight of not less than that
of copper drainage tube type DWV.
16.04.130 Section 710.1 amended -Drainage of Fixtures Located Below
Upstream Manhole or Below the Main Sewer Level
Section 710.1 of the California Plumbing Code is amended to read:
the Next
710.1 Drainage piping serving fixtures with flood level rims located below one
foot above the elevation of the next upstream manhole cover of the public or
private sewer serving such drainage piping shall be protected from backflow of
sewage by installing an approved backwater valve. Fixtures above such elevation
shall not discharge through the backwater valve except as approved by the local
administrative authority. On existing structures, the backwater valve may be
installed on the private property sewer lateral upstream of the building’s cleanout
at the public right of way.
16.04.140 Section. 714.4 amended - Damage to Public Sewer or Private Sewage System
(Commercial Food Waste Grinders Prohibited)
Section 714.4 of the California Plumbing Code is amended to read:
714.4 The installation of a commercial food waste grinder connecting to a
private sewage disposal system is prohibited.
16.04.150 Section 719.7 added -Cleanouts
Section 719.7 is added to the California Plumbing Code to read:
719.7 A cleanout shall be provided at the point of connection between the
building sewer and the city latera! and an approved fitting shall be used to bring
the cleanout riser to grade. When sewer cleanouts are to be connected to existing
city laterals, such connections shall be accomplished by use of an approved
fitting.
16.04.160 Section 808.0 amended - Single Pass Cooling Water Systems Prohibited.
Section 808.0 of the California Plumbing Code is amended to read:
808.0 Clean running water used exclusively as a cooling medium in an appliance,
device, or apparatus is prohibited.
071001 ~s8260596 3
***NOT YET APPROVED***
16.04.170 Section 1014.1.3 amended -Food Waste Disposal Units and Dishwashers.
Section 10.14.1.3 of the California Plumbing Code is amended to read:
1014.1.3 Food Waste Disposal Units and Dishwashers. Unless specifically
required or permitted by the Authority Having Jurisdiction, no dishwasher shall be
connected to or discharge into any grease interceptor. Commercial Food Waste
Disposal Units are prohibited.
16.04.180 Section 1101.3 amended - Storm Drainage, General (Material Uses).
Section 1101.3 of the California Plumbing Code is amended to read:
1101.3 Material Uses. Rainwater piping placed within the interior of a
building or run within a vent or shaft shall be of cast iron, galvanized steel, wrought
iron, Schedule 40 ABS DWV, Schedule 40 PVC DWV, stainless steel 304 or 316L
(stainless steel 304 pipe and fittings shall not be installed underground and shall be
kept at least six inches (152 mm) aboveground), or other approved materials, and
changes in direction shall conform to the requirements of Section 706.0. ABS and
PVC DWV piping installations shall be installed in accordance with IS 5, IS 9, and
Chapter 15 "Firestop Protection." Except for individual single-family dwelling
units, materials exposed within ducts or plenums shall have a flame-spread index of
not more than 25 and a smoke-developed index of not more than 50, when tested in
accordance with the Test for Surface-Burning Characteristics of the Building
Materials (see the Building Code standards based on ASTM E-84 and ANSI/UL
723.).
[HCD 1 & HCD 2] ABS or PVC installations are limited to not more than two
stories of areas of residential accommodation.
16.04.190 Section 1101.9 amended - Filling Stations and
Establishments.
Section 1101.9 of the California Plumbing Code is amended to read:
Motor Vehicle Washing
ll01.9Motor Vehicle Washing Establishments. Motor vehicle washing
establishments shall have the paved area sloped toward sumps or gratings within the
property lines. Curbs not less than six (6) inches (152 ram) high shall be placed
where required to direct water to gratings or sumps.
16.04.200 Section 1105.1.2 amended - Roof Drains (Materials).
Section 1105.1.2 of the California Plumbing Code is amended to read:
1105.1.2 Roof drains shall be of cast iron, plastic or other approved material.
SECTION 2. The Council adopts the findings for local amendments to the California
Plumbing Code, 2007 Edition, attached hereto as Exhibit "A" and incorporated herein by
reference.
071001 ~s8260596 4
** *NOT YET APPROVED* * *
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.
SECTION 4. This ordinance shall be effective on the commencement of the thirty-first
day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Public Works
Director of Administrative
Services
071001 ~S 8260596 5
* * *NOT YET APPROVED* * *
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA PLUMBING CODE
Section 17958 of the California 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, !970, 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 (California 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 significant change.
16.04.070 Section 305.4 added - Sewers Required (Palo Alto Sewer Use Ordinance
referenced)
Finding: This section is amended to conform to other provisions of the Palo Alto Municipal
Code and is specifically authorized in Section 305.3 of the California Plumbing Code.
16.04.080 Table 6-4 (Footnote 1) amended; 16.04.090 Section 604.11 PEX, and Sub-
Sections 604.11.1 PEX Fittings, and 604.11.2 Water Heater Connections adopted.
Findina: These amendments allow the use of PEX, but not PE-AL-PE or PEX-AL-PEX, piping
in potable water supply and distribution systems within buildings. PEX is a recognized material
that is a bona-fide alternative to copper and other metallic water piping. The City’s Regional
Water Quality Control Plant has, for many years, implemented programs to reduce copper and
other heavy metal discharges into San Francisco Bay to comply with State Regional Water
Quality Control Board requirements. These amendments are consistent with and support the
City’s efforts to reduce the amount of copper influent to the Plant in accordance with the City’s
approved Copper Action Plan and NPDES (Discharge) Permit under which the Plant operates.
071001 ~s 8260596 6
* * *NOT YET APPROVED** *
16.04.110 Section 701.1 amended - Materials; 16.04.120 Section 701.1.4 amended -
Materials; 16.04.180 Section 1101.3 amended - Storm Drainage, General (Material Uses);
and 16.04.200 Section 1105.1.2 amended - Roof Drains (Materials)
Finding: These amendments prohibit the use of lead, copper and brass piping in sanitary
drainage systems within buildings. The City’s Regional Water Quality Control Plant has, for
many years, implemented programs to reduce copper and other heavy metal discharges into San
Francisco Bay to comply with State Regional Water Quality Control Board requirements. These
amendments are consistent with and support the City’s efforts to reduce the amount of copper
and heavy metal influent to the Plant in accordance with the City’s approved Copper Action Plan
and NPDES (Discharge) Permit under which the Plant operates.
16.04.130 Section 710.1 amended - Drainage of Fixtures Located Below the Next
Upstream Manhole or Below the Main Sewer Level; 16.04.140 Section 714.4 amended -
Damage to Public Sewer or Private Sewage System (Commercial Food Waste Grinders
Prohibited); 16.04.150 Section 719.7 added - Cleanouts; and 16.04.170 Section 1014.1.3
amended - Food Waste Disposal Units and Dishwashers
Finding: These amendments are required by the location of the City of Palo Alto between the
Santa Cruz Mountain foothills and the San Francisco Bay, and the presence of several substantial
creeks flowing through highly developed residential, urban and industrial areas. The City
operates its own sanitary sewer collection system and Regional Water Quality Control Plant and
is subject to State and Federal laws regarding both point and non-point source discharges. These
amendments are intended to comply with State Water Resources Control Board requirements to
minimize sanitary sewer overflows caused by blockages in the sewer system and protect the
various creeks, the San Francisco Bay and Palo Alto residents from unnecessary sewage spills
and threats to public health.
16.04.160 Section 808.0 amended - Single Pass Cooling Water Systems Prohibited
Finding: This amendment promotes water conservation by prohibiting potable water from being
used solely for the purpose of cooling appliances and other mechanical systems. This
amendment is necessitated by local climatic conditions rendering potable water as a scarce and
valuable resource.
16.04.190 Section 1101.9 amended -Filling Stations and Motor Vehicle Washing
Establishments
Finding: This amendment prohibits the paved areas of public filling stations from draining
towards sumps and gratings that could otherwise be connected to the sanitary sewer system,
which, in addition to polluting the sanitary sewer, could cause explosions or other hazardous
events. The amendment is consistent with Best Management Practices contained within the
City’s Storm Water Pollution Prevention Plan as well as statewide best practice guidelines for
the proper design of motor vehicle fueling stations.
071001 qis 8260596 7
***NOT YET APPROVED***
ATTACHMENT B
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING CHAPTER 16.04 OF THE PALO ALTO MUNICIPAL
CODE AND AMENDING TITLE 16 TO ADOPT A NEW CHAPTER
16.04, CALIFORNIA BUILDING CODE, CALIFORNIA
HISTORICAL BUILDING CODE, AND CALIFORNIA EXISTING
BUILDING CODE, 2007 EDITIONS, AND LOCAL AMENDMENTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 16 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety Chapter 16.04 and enacting a new chapter 16.04 to read as follows:
16.04.010 2007 California Building Code adopted.
Except as otherwise provided for in this Chapter, the California Building Code, 2007
edition, as adopted by Title 24, Part 2 of the California Code of Regulations, is approved and
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if
fully set forth herein. One copy of the California Building Code, 2007 edition, has been filed for
use and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.020 2007 California Building Code Appendix Chapters adopted
Except as otherwise provided for in this Chapter, the following Appendix Chapters of the
California Building Code, 2007 edition, are adopted, and are hereby incorporated in this Chapter by
reference and made a part hereof the same as if fully set forth herein:
A.Appendix Chapter 1 - Administration
B.Appendix C - Group U - Agricultural Buildings
C.Appendix I - Patio Covers
16.04.030 Cross - References to California Building Code
The provisions of this Chapter contain cross-references to the provisions of the Califomia
Building Code, 2007 edition, in order to facilitate reference and comparison to those provisions.
16.04.040 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Building Code, 2007 edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter.
071001 ~s 8260593
***NOT YET APPROVED***
16.04.050 Section 104.1.1 of Appendix Chapter One added - Enforcement -- Citation
authority.
Section 104.1.1 of Appendix Chapter One is added to the California Building Code to read:
104.1.1 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)
assistant building official; (3) building inspection supervisor; and (4) code
enforcement officer.
16.04.060 Section 105.1.3 of Appendix Chapter One added - Demolition permits.
Section 105.1.3 of Appendix Chapter One of the California Building Code is added to read:
105.5.1.3 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.
16.04.070 Section 105.5 of Appendix Chapter One amended - Expiration.
Section 105.5 of Appendix Chapter One of the California Building Code is amended to read:
105.5 Expiration. Every permit issued shall expire by limitation and become null
and void if the work authorized by such permit is not commenced within 180 days
after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. Before
such work can be recommenced, a new permit shall be 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 construction
documents for such work. The building official is authorized to grant, in writing,
one or more extensions of time, for periods not more than 180 days each and may
require that the construction documents be revised to partially or fully comply
with current codes. Extensions shall be requested in writing and justifiable cause
demonstrated. 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.
//
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16.04.080 Section 108.6 of Appendix Chapter One amended - Refunds.
Section 108.6 of Appendix Chapter One of the California Building Code is amended to read:
108.6 Refunds. The building official may authorize the refunding of any
fee paid hereunder which was erroneously paid or collected.
The building official may authorize the refunding of not more than eighty percent
(80%) of the Permit Fee paid when no work has been done under a Permit issued
in accordance with this Chapter.
The building official may authorize the refunding of not more than eighty percent
(80%) of the Plan Review Fee paid when an application is withdrawn or canceled
before any plan reviewing tias been started.
The building official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee not later than 180 days after the
date of fee payment.
16.04.090 Section 109.7 of Appendix Chapter One added - Reinspections
Section 109.7 is added to Appendix Chapter One of the California Building Code to read:
109.7 Reinspections. A reinspection fee may be assessed by the building
official for each inspection or reinspection when such portion of work for which
inspection is called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring reinspection fees the first time
work is rejected for failure to comply with the requirements of the technical codes,
but as controlling the practice of calling for inspections before work is ready for
such inspection or reinspection. Reinspection fees may be assessed when the
inspection record card is not posted or otherwise available on the work site, the
approved plans are not readily available to the inspector, failure to provide access
on the date for which inspection is requested, or for deviating from plans requiring
the approval of the building official. When reinspection fees have been assessed,
additional inspection of the work will not be perfornaed until the required fees have
been paid.
16.04.100 Section 110 of Appendix Chapter One amended - Certificate of Occupancy
Section 110 of Appendix Chapter One of the California Building Code is amended to read:
Section 110 Certificate of Occupancy
110.1 Use and occupancy. No building or structure shall be used or
occupied, and no change in the existing occupancy classification of a building or
structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein. Issuance of a certificate of
occupancy shall not be construed as an approval of a violation of the provisions of
this code or of other ordinances of the jurisdiction.
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Exception: The following occupancies shall not require a certificate of
occupancy:
1. Group R- Division 3
2. Group U
110.2 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 this 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 inform the applicant of those alterations necessary, or if none are necessary,
and 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.
110.3 Certificate issued. After the building official inspects the building or
structure and finds no violations of the provisions of this code or other laws that
are enforced by the department of building safety, the building official shall issue
a certificate of occupancy that contains the fol!owing:
1. The building permit number.
2.The address of the building.
3.The name and address of the owner or lessee.
A description of that portion of the building for which the certificate is issued.
A statement that the described portion of the building has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the building official.
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7. The use and occupancy, in accordance with the provisions of Chapter 3.
110.4 Temporary occupancy. 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 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 or portion thereof
shall require a certificate of occupancy in accordance with the other provisions of
this section.
110.5 Posting. The certificate of occupancy shall be posted in a
conspicuous, readily accessible place in the building, or portion of building being
occupied, and shall not be removed except by the building official.
110.6 Revocation. The building official is authorized to, in writing,
suspend or revoke a certificate of occupancy or completion issued under the
provisions of this code wherever the certificate is issued in error, or on the basis
of incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of
the provisions of this code.
16.04.110 Section 113.1 of Appendix Chapter One amended - Violations -- Penalties.
Section 113.1 of Appendix Chapter One of the California Building Code is amended to read"
113.1 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 upon conviction of any
such violation such person shall be punished as provided in subsection (a) of Section
1.08.010 of this code.
//
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16.04.120 Section 113.5 of Appendix Chapter One - Recordation of building code
violations.
Section 113.5 of Appendix Chapter One of the California Building Code is added to read:
113.5 Recordation of building code violations. When the building official
determines that a violation of this chapter or chapters 16.05, 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 ofpendency of code violation.
16.04.130 Section 202 amended -Definitions (Family)
The definition of Family in Section 202 of the California Building Code is amended to read:
FAMILY [HCD-1] shall be as defined in Section 18.04.030 of the Palo Alto
Municipal Code.
16.04.140 Section 702A amended - Definitions (Wildland-Urban Interface Fire Area).
Section 702A (Wildland-Urban Interface Fire Area) of the California Building Code is amended to
read:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area
identified by the State of California as a "Fire Hazard Severity Zone" in
accordance with Public Resources Code Sections 4201 through 4202 and
Government Code Sections 51175 through 51189. Within the city limits of the
City of Palo Alto, °’Wildland-Urban Fire Interface Area" shall also include all
areas west of Interstate 280 and all other areas recommended as a "Very High Fire
Hazard Severity Zone" by the Director of the California Department of Forestry.
16.04.150 Section 903.2 amended - Sprinkler systems, where required.
Section 903.2 of the California Building Code is amended to read:
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures and in existing modified buildings and structures, shall be
provided in the locations described in this section. Automatic fire sprinklers shall
be installed per the requirements set forth in Sections 903.2.1 through 903.2.13
and as follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings that have a gross floor area in excess of 3,600 square feet or that
are three (3) or more stories in height.
2. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that increases the gross
floor area to more than 3,600 square feet or increases the number of stories
to three (3) or more.
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Exception: One-time additions to existing buildings made after
01/01/2008 that do not exceed 500 square feet in gross floor area.
3. An automatic sprinkler system shall be provided throughout all new
buildings located in the designated Wildland-Urban Interface Fire areas.
Exception: Any non-habitable structures accessory to single family
residences that have a gross floor area of 500 square feet or less.
4. An automatic sprinkler system shall be provided throughout all
existing buildings located in the designated Wildland-Urban Interface Fire
areas when modifications are made that increases the gross floor area.
Exception: One-time additions to existing buildings made after
01/01/1994 that do not exceed 500 square feet in gross floor area.
If an automatic fire sprinkler system is not required by any other section of this
code or the California Fire Code, the area increases specified in Section 506.3,
height or story increases specified in Section 504, or the fire resistive substitutions
specified in Table 601, which may have been permitted, shall apply.
16.04.160 Section 1206.3.4 added -Roof guards at interior courts.
Section 1206.3.4 is added to the California Building Code to read:
1206.3.4 Roof guards at interior courts. Roof openings into interior courts
that are bounded on all sides by building walls shall be protected with guards. The
top of the guard shall not be less than 42 inches in height above the adjacent roof
surface that can be walked upon. Intermediate rails shall be designed and spaced
such that a 12 inch diameter sphere cannot pass through.
Exception: Where the roof opening is greater than 600 square feet in area.
16.04.170 Section 1505.1.4 amended - Roofing requirements in
Interface Fire Area.
Section 1505.1.4 of the California Building Code is amended to read:
a Wildland-Urban
1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area.
The entire roof covering of every existing structure where more than 50 percent of
the total roof area is replaced within any one-year period, the entire roof covering
of every new structure, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A. Roofing requirements for structures located in a
Wildland-Urban Interface Fire Area shall also comply with Section 704A. 1.
//
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16.04.180 Table 1805.4.2 amended -Footings Supporting
Construction
Table 1805.4.2 of the California Building Code is amended to read:
TABLE 1805.4.2
Walls of Light-Frame
Footings Supporting Walls of Light-Frame Construction
Number of
Stories
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
l&2 8 14 8
3 8 18 8
Group U 8 12 12
Occupancies
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground
and Finish
Grade
(inches)
20
30
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.
16.04.190 Section 1908.1 amended to add section 1908.17 - Modifications to ACI 318
Section 1908.1 is amended and Section 1908.1.17 is added to Chapter 19 of the California
Building Code to read as follows:
1908.1 General. The text of ACI 318 shall be modified as indicated in Sections
1908.1.1 through 1908.1.17.
1908.1.17 ACI 318, Section 14.8. Modify ACI 318 Section 14.8.3 and 14.8.4
replacing equation (14-7), (14-8) and (14-9).
1. Modify equation (14-7) ofACI 318 Section 14.8.3 as follows:
Icr shall be calculated by Equation (14-7), and Ma shall be obtained by iteration of
deflections.
1~,. = E.~ A, +-- (d-c)2+ (14-7)fy 3
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and the value Es/Ec shall not be taken less than 6.
2.Modify ACI 318 Sec, 14.8.4 as follows:
14.8.4 - Maximum out-of-plane deflection, []s, due to service loads, including P[]
effects, shall not exceed lc/150.
If Ma, maximum moment at mid-height of wall due to service lateral and eccentric
!oads, including PE] effects, exceed (?/3) Mcr, [5s shall be calculated by Equation
(14-8):
9
M,, ~ cr
IfMa does not exceed (?/3) Mcr, ~s shall be calculated by Equation (14-9):
(14-9)
where:
5M crl~2
48 E ~I g
48 E ~I ~r
16.04.200 Section 2802.2 added -Existing Group R occupancies.
Section 2802.2 is added to the California Building Code to read:
2802.2 Existing Group R Occupancies. When any replacement, alteration or
repair to the roof of an existing Group R Occupancy is performed, a spark arrester
shall be installed to the existing chimney in accordance with Section 2802.1.
16.04.210 Section 3302.3 added - Fire walls.
Section 3302.3 is added to the California Building Code to read:
3302.3 Fire walls. When fire walls are required, the fire wall construction shall
be completed, with all openings protected, immediately after the building is
sufficiently weather protected at the location of the wall(s).
071001 ~s 8260593 9
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16.04.220 Section 3310.1 amended - Stairways required
Section 3310.1 of the California Building Code is amended to read:
3310.1 Stairways required. All floor levels above the first story in new multi-
story buildings that require 2 exit stairs shall be provided with at least two usable
exit stairways (temporary or permanent) after the floor decking is installed. The
stairways shall be continuous and discharge to grade level. Stairways serving
more than two floor levels shall be enclosed (with openings adequately protected)
after exterior walls/windows are in place. Exit stairs in new and in existing
occupied buildings shall be lighted and maintained clear of debris and
construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be
obstructed on not more than two contiguous floor levels for the purposes of
stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).
16.04.230 Section 3310.3 added -Required means of egress.
Section 3310.3 is added to the California Building Code to read:
3310.3 Required means of egress. All new buildings under construction shall
have a least one unobstructed means of egress. All means of egress shall be
identified in the Fire Protection Plan.
16.04.240 Section 3402.1 amended - Definition of Substantial Structural Damage.
Section 3402.1 of the California Building Code is amended to include the following definition:
SUBSTANTIAL STRUCTURAL DAMAGE. A condition where:
1. In any story, the vertical elements of the lateral-force-resisting
system, have suffered damage such that the lateral load-carrying capacity of the
structure in any direction has been reduced by more than 20 percent from its pre-
damaged condition, or
2. The capacity of any vertical gravity load-carrying component, or any
group of such components, that supports more than 30 percent of the total area of
the structure’s floor(s) and roof(s) has been reduced more than 20 percent from its
pre-damaged condition, and the remaining capacity of such affected elements
with respect to all dead and live loads is less than 75 percent of that required by
the building code for new buildings of similar structure, purpose, and location.
16.04.250 Section 3403.5 added -Repairs.
Section 3403.5 is added to the California Building Code to read:
3403.5 Repairs. Repairs of structural elements shall comply with this section.
3403.5.1 Seismic evaluation and design. Seismic evaluation and design of an
existing building and its components shall be based on the following criteria:
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3403.5.1.1 Evaluation and design procedures. The seismic evaluation and design
shall be based on the following procedures:
a)As specified in Chapter 16 of this code.
b)ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only).
c)ASCE 41 Seismic Rehabilitation of Existing Buildings.
d)The procedures contained in Appendix Chapter A2 and Appendix Chapter
A3 of the International Existing Building Code (IEBC) and Appendix
Chapter A1 of California Existing Building Code (CEBC) shall be
permitted to be used as specified in Section 3403.5.1.3.
3403.5.1.2 CBC level seismic forces. When seismic forces are required to meet
the building code level, they shall be one of the following~
1. 100 percent of the values in the building code. The R factor used for
analysis in accordance with Chapter 16 of this code shall be the R factor
specified for structural systems classified as "Ordinary" unless it can be
demonstrated that the structural system satisfies the proportioning and
detailing requirements for systems classified as "Intermediate" or
"Special."
Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels
defined in ASCE 41. Where ASCE 41 is used, the corresponding
performance levels shall be those shown in Table 3403.5.1.2.
TABLE 3403.5.1.2
ASCE 41 and ASCE 31 PERFORMANCE LEVELS
OCCUPANCY
CATEGORY
(BASED ON
TABLE 1604.5)
II
PERFORMANCE LEVEL
FOR USE WITH ASCE 31
AND WITH ASCE 41
BSE-1 EARTHQUAKE
HAZARD LEVEL
Life Safety (LS)
Life Safety (LS)
III
IV
Note (a)
Immediate Occupancy (IO)
halfway between the performance levels
Category II and Occupancy Category IV.
PERFORMANCE
LEVEL FOR
USE WITH ASCE
41 BSE-2
EARTHQUAKE
HAZARD LEVEL
Collapse Prevention
(CP)
Collapse Prevention
(cP)
Note (a)
Life Safety (LS)
Performance Levels for Occupancy Category III shall be taken as
specified for Occupancy
3403.5.1.3 Reduced CBC level seismic forces. When seismic forces are
pernfitted to meet reduced building code levels, they shall be one of the following:
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1. 75 percent of the forces prescribed in this code. The R factor used for
analysis in accordance with Chapter 16 of the building code shall be the R
factor as specified in Section 3403.5.1.2.
2. In accordance with the applicable chapters in Appendix A of the 2006
International Existing Building Code (IEBC) and 2007 California Existing
Building Code (CEBC), as specified in Items 2.1 through 2.3 below.
Structures or portions of structures that comply with the requirements of
the applicable chapter in Appendix A shall be deemed to comply with the
requirements for reduced building code force levels.
2.1. The seismic evaluation and design of unreinforced masonry
bearing wall buildings in Occupancy Category I or II are permitted to
be based on the procedures specified in Appendix Chapter A1 of the
CEBC.
2.2. Seismic evaluation and design of the wall anchorage system in
reinforced concrete and reinforced masonry wall buildings with
flexible diaphragms in Occupancy Category I or I! are permitted to be
based on the procedures specified in Appendix Chapter A2 of the
IEBC.
2.3. Seismic evaluation and design of cripple walls and sill plate
anchorage in residential buildings of light-frame wood construction in
Occupancy Category I or II are permitted to be based on the
procedures specified in Appendix Chapter A3 of the IEBC.
3. In accordance with ASCE 31 based on the applicable performance
level as shown in Table 3403.5.1.2.
4. Those associated with the BSE-1 Earthquake Hazard Level defined in
ASCE 41 and the performance level as shown in Table 3403.5.1.2. Where
ASCE 41 is used, the design spectral response acceleration parameters Sxs
and Sx~ shall not be taken less than 75 percent of the respective design
spectral response acceleration parameters SDS and SD~ defined by this code
and reference standards.
3403.5.2 Wind Design. Wind design of existing buildings shall be based on the
procedures specified in this code.
3403.5.3 Repairs to damaged buildings. Repairs to damaged buildings shall
comply with this section.
3403.5.3.1 Unsafe conditions. Regardless of the extent of structural damage,
unsafe conditions shall be eliminated.
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3403.5.3.2 Substantial structural damage to vertical elements of the lateral-
force-resisting system. A building that has sustained substantial structural
damage to the vertical elements of its lateral-force-resisting system shall be
evaluated and repaired in accordance with the applicable provisions of Section
3403.5.3.2.1 through 3403.5.3.2.3.
3403.5.3.2.1 Evaluation. The building shall be evaluated by a registered design
professional, and the evaluation findings shall be submitted to the building
official. The evaluation shall establish whether the damaged building, if repaired
to its pre-damage state, would comply with the provisions of this code. Wind
forces for this evaluation shall be those prescribed in this code. Seismic forces for
this evaluation are permitted to be the reduced level seismic forces specified-in
Code Section 3403.5.1.3.
3403.5.3.2.2 Extent of repair for compliant buildings. If the evaluation
establishes compliance of the pre-damage building in accordance with Section
3403.5.3.2.1, then repairs shall be permitted that restore the building to its pre-
damage state, using materials and strengths that existed prior to the damage.
3403.5.3.2.3 Extent of repair for non-compliant buildings. If the evaluation
does not establish compliance of the pre-damage building in accordance with
Section 3403.5.3.2.1, then the building shall be rehabilitated to comply with
applicable provisions of this code for load combinations including wind or
seismic forces. The wind design level for the repair shall be as required by the
building code in effect at the time of original construction unless the damage was
caused by wind, in which case the design level shall be as required by the code in
effect at the time of original construction or as required by this code, whichever is
greater. Seismic forces for this rehabilitation design shall be those required for
the design of the pre-damaged building, but not less than the reduced level
seismic forces specified in Section 3403.5.1.3. New structural members and
connections required by this rehabilitation design shall comply with the detailing
provisions of this code for new buildings of similar structure, purpose, and
location.
3403.5.3.3 Substantial structural damage to vertical load-carrying
components. Vertical load-carrying components that have sustained substantial
structural damage shall be rehabilitated to comply with the applicable provisions
for dead and live loads in this code. Undamaged vertical load-carrying
components that receive dead or live loads from rehabilitated components shall
also be rehabilitated to carry the design loads of the rehabilitation design. New
structural members and connections required by this rehabilitation design shall
comply with the detailing provisions of this code for new buildings of similar
structure, purpose, and location.
3403.5.3.3.1 Lateral force-resisting elements. Regardless of the level of damage
to vertical elements of the lateral force-resisting system, if substantial structural
071001 ~s 8260593 13
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damage to vertical load-carrying components was caused primarily by wind or
seismic effects, then the building shall be evaluated in accordance with Section
3403.5.3.2.1 and, if non-compliant, rehabilitated in accordance with Section
3403.5.3.2.3.
3403.5.3.4 Less than substantial structural damage. For damage less than
Substantial structural damage, repairs shall be allowed that restore the building to
its pre-damage state, using materials and strengths that existed prior to the
damage. New structural members and connections used for this repair shall
comply with the detailing provisions of the building code for new buildings of
similar structure, purpose, and location.
3403.5.4 Referenced Standards
Referenced
Standard
Number
ASCE 31-03
ASCE 41-06
Title
Seismic Evaluation of Existing Buildings
Seismic Rehabilitation of Existing
Buildings
Referenced Code
Section Number
3403.5.1.1
TABLE 3403.5.1.2
3403.5.1.3
3403.5.1.1
3403.5.1.2
TABLE 3403.5.1.2
3403.5.1.3
16.04.260 Section 3403.6 added - Additions, alterations and repairs exceeding 50%.
Section 3403.6 is added to the California Building Code to read:
3403.6 Additions, alterations and repairs exceeding 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 1613 for new buildings
or structures. Value shall be determined from the cost per square foot table in the
most current issue of Building Safety Journal, published by the International Code
Council, as may be modified from time to time by the building official.
Exception: Existing buildings or structures of Group R or U
Occupancies.
//
071001 ~s 8260593 14
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16.04.270 Section 3403.7 added - Suspended ceiling systems.
Section 3403.7 is added to the California Building Code to read:
3403.7 Suspended ceiling systems. In existing buildings or structures, 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 Section 803.9.1.
16.04.280 Referenced Standard amended - ASCE 7, Section 12.12.3.
Section 12.12.3 of Referenced Standard ASCE 7 is amended to read as follows:
12.12.3 Minimum Building Separation. All structures shall be separated from
adjoining structures. Separations shal! allow for the maximum inelastic response
displacement ([3M). []M shall be determined at critical locations with
consideration for both translational and torsional displacements of the structure as
follows:
Z~M -- Cd~max (Equation 16-45)
where ~ma× is the calculated maximum displacement at Level x as define in
ASCE 7 Section 12.8.4.3.
Adjacent buildings on the same property shall be separated by at least a distance
~ MT, where
(Equation 16-46)
and []M~ and [[]M2 are the maximum inelastic response displacements of the
adjacent buildings.
Where a structure adjoins a property line not common to a public way, the
structure shall also be set back from the property line by at least the displacement,
~ M, of that structure.
Exception: Smaller separations or property line setbacks shall be
permitted when justified by rational analyses.
16.04.290 2007 California Historical Building Code adopted.
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The California Historical Building Code, 2007 Edition, 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 hereby incorporated in this Chapter by reference and made a part hereof
the same as if fully set forth herein. One copy of the California Historical Building Code, 2007
edition, has been filed for use and examination of the public in the Office of the Building Official of
the City of Palo Alto.
16.04.300 2007 California Existing Building Code adopted.
The California Existing Building Code, 2007 Edition, Title 24, Part 10, which provides
alternative building regulations for the rehabilitation, preservation, restoration, or relocation of
existing buildings, is adopted and hereby incorporated in this Chapter by reference and made a part
hereof the same as if fully set forth herein. One copy of the California Existing Building Code,
2007 edition, has been filed for use and examination of the public in the Office of the Building
Official of the City of Palo Alto.
SECTION 2. The Council adopts the findings for local amendments to the California
Building Code, 2007 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.
//
//
//
//
071001 ~s 8260593 16
SECTION 4.
adoption.
***NOT YET APPROVED***
This ordinance shall be effective on the thirty-first day afterthe date of its
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Planning & Community
Environment
Director of Administrative
Services
071001 cjs 8260593 1 7
***NOT YET APPROVED***
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA BUILDING CODE
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.
A. Explanation of Administrative Amendments
16.04.050 Section 105.1.3 of Appendix Chapter 1 added -Demolition permits
This amendment requires the notification of the occupants of a residential building prior to the
issuance of a demolition permit, and requires that the building be vacated prior to the issuance of
the demolition permit. This is an administrative amendment that is needed to ensure the safety
of the occupants of a building which is proposed to be demolished.
16.04.060 Section 105.5 of Appendix Chapter 1 amended -Expiration
This is an administrative amendment to clarify when a permit expires.
16.04.070 Section 108.6 of Appendix Chapter 1 amended- Refunds;
16.04.080 Section 109.7 of Appendix Chapter 1 added - Reinspections;
16.04.050 Section 104.1.1 of Appendix Chapter One added Enforcement-- Citation authority;
16.04.110 Section 113.1 of Appendix Chapter One amended Violations - Penalties;
16.04.120 Section 113.5 of Appendix Chapter One -Recordation of building code
violations.
These amendments bring the administrative provisions of the California Building Code into
compliance with the Palo Alto Municipal Code and the organization of the City of Palo Alto.
16.04.090 Section 110 of Appendix Chapter 1 amended- Certificate of Occupancy
This administrative amendment provides for a Certificate of Occupancy to be issued for each
occupancy change of a building or portion thereof. The amendment is needed for the building to
be inspected when tenants change to ascertain compliance with life safety and accessibility
requirements. This section also permits the issuance of a temporary Use and Occupancy
071001 ~s 8260593 1 8
***NOT YET APPROVED***
Certificate provided all life safety and accessibility requirements have been complied with prior
to completion of the entire project.
16.04.130 Section 202 amended- Definitions (Family)
This administrative amendment is necessary to conform the Building Code definition of
"Family" to the Palo Alto Municipal Code.
B. Findings for Substantive Local Amendments
16.04.140 Section 702A amended - Definitions (Wildland-Urban Interface Fire Area)
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code, 2007 Edition, which explains that additional precautions are
necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone.
16.04.150 Section 903.2 amended - Sprinkler SystemsWhere required
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code, 2007 edition, which explains that additiona! precautions are
necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone, and
in the densely populated area of Palo Alto.
16.04.160 Section 1206.3.4 added - Roof guards at interior courts
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code, 2007 edition.
16.04.170 Section 1505.1.4 amended -Roofing requirements in a Wildland-Urban
Interface Fire Area
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code, 2007 edition, which explains that additional precautions are
necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone..
16.04.180 Table 1805.4.2 amended -Footings Supporting Walls of Light-Frame
Construction
Finding: This amendment is needed due to Palo Alto’s expansive adobe soil conditions. The
minimum foundation requirements are based on sound engineering practices.
16.04.190 Section 1908 amended - Modifications to ACI 318
Finding: The greater San Francisco Bay region is a densely populated area with many buildings
constructed over and near a vast array of fault systems capable of producing major earthquakes,
071001 ~s 8260593 19
***NOT YET APPROVED***
including but not limited to, the 1989 Loma Prieta Earthquake. The proposed modification to
ensure that the design of slender walls must satisfy both strength and serviceability requirements
needs to be incorporated into the local Building Code to ensure that new buildings and additions
to existing buildings are designed and constructed in accordance with the scope and objectives of
the California Building Code.
16.04.200 Section 2802.2 added - Existing Group R occupancies
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code, 2007 edition.
16.04.210 Section 3302.3 added - Fire walls
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in the City’s Ordinance Adopting the
California Fire Code, 2007 edition.
16.04.220 Section 3310.1 amended -Stairways required
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code,.2007 edition.
16.04.230 Section 3310.3 added -Required means of egress
Finding: This amendment makes the provisions of the California Building Code, 2007 edition,
as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended
locally. The Finding for this amendment is set forth in Exhibit A of the City’s Ordinance
Adopting the California Fire Code, 2007 edition.
16.04.240 Section 3402.1 amended -Definitions (Substantial Structural Damage;
16.04.250 Section 3403.5 added -Repairs
Finding: The greater San Francisco Bay region is a densely populated area with many buildings
constructed over and near a vast array of fault systems capable of producing major earthquakes,
including but not limited to, the 1989 Loma Prieta Earthquake, and other natural and man-made
disasters. These amendments are intended to promote pre-disaster mitigation measures as part of
repairs and renovations to existing buildings, as well as establish reasonable repair and
reconstruction requirements for damaged buildings, in a manner consistent with the Federal
Emergency Management Agency’s (FEMA’s) implementation of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended, ("Stafford Act"), so that Public Assistance
funds may be secured for the repair and restoration of eligible government and non-profit
facilities damaged in a Presidential declared disaster.
16.04.260 Section 3403.6 added - Additions, alterations and repairs exceeding 50%
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
071001 ~s 8260593 20
***NOT YET APPROVED***
percent (50%) of the value of the existing structure. This amendment is necessary because the
greater San Francisco Bay region is a densely populated area with many buildings constructed
over and near a vast array of fault systems capable of producing major earthquakes, including but
not limited to, the 1989 Loma Prieta Earthquake.
16.04.270 Section 3403.7 added - Suspended ceiling systems
Finding: This amendment requires that existing suspended ceilings be braced for lateral forces at
the time of remodel work. This amendment is necessary because the greater San Francisco Bay
region is a densely populated area with many buildings constructed over and near a vast array of
fault systems capable of producing major earthquakes, including but not limited to, the 1989
Loma Prieta Earthquake.
16.04.280 Referenced Standard amended -ASCE 7, Section 12.12.3
Finding: The greater San Francisco Bay region is a densely populated area with many buildings
constructed over and near a vast array of fault systems capable of producing major earthquakes,
including but not limited to the 1989 Loma Prieta Earthquake. The seismic separation is
necessary to permit adjoining buildings, or parts thereof, to respond to earthquake ground motion
independently and preclude possible structural damage due to pounding between buildings and
other structures. The need to incorporate this modification into the local Building Code will help
to ensure that new buildings and additions to existing buildings are designed and constructed in
accordance with the scope and objectives of the California Building Code.
071001 ~s 8260593 21
** *NOT YET APPROVED* * *
Attachment
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING CHAPTER 16.16 OF THE PALO ALTO MUNICIPAL
CODE AND AMENDING TITLE 16 TO ADOPT A NEW CHAPTER
16.16, CALIFORNIA ELECTRICAL CODE, 2007 EDITION, AND
LOCAL AMENDMENTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.16 of the Palo Alto Municipal Code is hereby amended
by repealing in its entirety and adopting a new Chapter 16.16 to read as follows:
16.16 ELECTRICAL CODE
16.16.010 2007 California Electrical Code adopted.
The California Electrical Code, 2007 Edition, Title 24, Part 3 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, are adopted and
hereby incorporated into this Chapter by reference and made a part hereof the same as if fully set
forth herein. One copy of the California Electrical Code, 2007 edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.16.020 Cross - References to California Electrical Code
The provisions of this Chapter contain cross-references to the provisions of the California
Electrical Code, 2007 edition, in order to facilitate reference and comparison to those provisions.
16.16.030 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.
16.16.040 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: (1) chief building official; (2) assistant building
official; (3) supervisor, building inspection; and (4) code enforcement officer.
16.16.050 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
071002 cjs 8260598 1
* * *NOT YET APPROVED* * *
of the California Electrical Code, 2007 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter.
16.16.060 Sub-paragraphs ~), (E) & (F) added to Subsection 300.1 - Wiring Methods,
General Requirements.
Sub-paragraphs (D), (E) & (F) are added to Subsection 300.1 of the California Electrical Code to
read:
(D) 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.
(E) Binding screws and self-locking wire terminals of receptacles and switches
shall not be substituted for splicing devices or splices in conductors.
(F) That portion of a building to be remodeled shall be wired in accordance with
this code and all other areas of the building shal! be made safe as may be required
by the building official.
SECTION 2. Findings and declarations. The Council adopts the findings for local
amendments to the California Electrical Code, 2007 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.
SECTION 4.This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
071002 ~S8260598 2
* **NOT YET APPROVED** *
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Utilities
Director of Administrative
Services
071002 ~s 8260598 3
** *NOT YET APPROVED* * *
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA ELECTRICAL CODE
Section 17958 of the California 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 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 (California 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 amendments or modifications to the California Electrical Code have
been made for administrative consistency only, and do not require findings pursuant to California
Health and Safety Code section 17958.7.
071002 ~s 8260598
****NOT YET APPROVED****
ATTACHMENT D
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING TITLE 16 OF THE PALO ALTO MUNICIPAL CODE
TO ADOPT A NEW CHAPTER 16.17, CALIFORNIA ENERGY
CODE, 2005 EDITION
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 16 of the Palo Alto Municipal Code is amended to adopt a
new Chapter 16.17 to read as follows:
16.17 CALIFORNIA ENERGY CODE
16.17.010 2005 California Energy Code adopted
The California Energy Code, 2005 Edition, Title 24, Part 6 of the California Code of Regulations, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if
fully set forth herein. One copy of the California Energy Code, 2005 Edition, has been filed for use
and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.17.020 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.
16.17.030 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: (1) chief building official; (2) assistant building
official; (3) supervisor, building inspection; and (4) code enforcement officer.
SECTION 2. 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.
071001 ~s 8260597 1
SECTION 3.
adoption.
*** *NOT YET APPROVED* * * *
This ordinance shall be effective on the thirty-first day after the date of its
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
APPROVED:
City Manager
Director of Utilities
Director of Administrative
Services
071001 ~s 8260597 2
* * * NOT YET APPROVED* **
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: (1) chief building official; (2) assistant building
official; (3) supervisor, building inspection; and (4) code enforcement officer.
SECTION 2. 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.
SECTION 3. This ordinance shall be effective on the commencement of the thirty-first
day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Public Works
Director of Administrative
Services
071001 ~s 8260595 2