HomeMy WebLinkAboutStaff Report 7401
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
October 24, 2016
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of Nine Ordinances to Adopt 2016
California Building Codes, Local Amendments, and Related Updates:
(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, 2016 Editions, and Local Amendments and Related
Findings; (2) Repealing Chapter 16.05 of the Palo Alto Municipal Code
and Amending Title 16 to Adopt a New Chapter 16.05, California
Mechanical Code, 2016 Edition, and Local Amendments and Related
Findings; (3) Repealing Chapter 16.06 of the Palo Alto Municipal Code
and Amending Title 16 to Adopt a New Chapter 16.06, California
Residential Code, 2016 Edition, and Local Amendments and Related
Findings; (4) Repealing Chapter 16.08 of the Palo Alto Municipal Code
and Amending Title 16 to Adopt a New Chapter 16.08, California
Plumbing Code, 2016 Edition, and Local Amendments and Related
Findings; (5) Repealing Chapter 16.14 of the Palo Alto Municipal Code
and Amending Title 16 to Adopt a New Chapter 16.14, California
Green Building Standards Code, 2016 Edition, and Local Amendments
and Related Findings; (6) Repealing Chapter 16.16 of the Palo Alto
Municipal Code and Amending Title 16 to Adopt a New Chapter 16.16,
California Electrical Code, 2016 Edition, and Local Amendments and
Related Findings; (7) Repealing Chapter 15.04 of the Palo Alto
Municipal Code and Amending Title 15 to Adopt a new Chapter 15.04,
California Fire Code, 2016 Edition, and Local Amendments and Related
Findings; and (8) Adopt a New Title 16, Chapter 16.18 Private
Swimming Pool and Spa Code, 2016 Edition and Local Amendments
and Related Findings; (9) Amending Title 16, Chapters 16.36 House
Page 2
Numbering and 16.40 Unsafe Buildings for Local Amendments and
Related Findings. (FIRST READING: October 4, 2016 PASSED: 9-0)
The attached Building Code Ordinance updates were heard by Council on October 4, 2016 and
passed without changes 9-0.
ATTACHMENTS:
Attachment A: Building Code Ordinances (PDF)
Department Head: Beth Minor, City Clerk
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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, 2016 Editions, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.04 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety and adopting a new Chapter 16.04 to read as follows:
16.04.010 2016 California Building Code adopted.
The California Building Code, 2016 Edition, Title 24, Part 2 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2013, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2016. Ordinance No. 5216 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases “California Building Code” or “Building Code’ are used in this code or any
ordinance of the City, such phrases shall be deemed and construed to refer and apply to the
California Building Code, 2016 Edition, as adopted by this chapter.
One copy of the California Building Code, 2016 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 2016 California Building Code Appendix Chapters adopted.
The following Appendix chapter and section of the California Building Code, 2016 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 I – Patio Covers
B. Section J109.4 – Drainage across Property Lines (Appendix J)
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ATTACHMENT A
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16.04.030 Cross - References to California Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Building Code, 2016 Edition, in order to facilitate reference and comparison to those provisions.
16.04.040 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement.
Section 1.11.2.1.1 of Chapter 1, Division I of the California Building Code is amended to read:
1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State
Fire Marshal and published in the California Building Standards Code relating to fire and
panic safety and other regulations of the State Fire Marshal shall, except as provided in
Section 1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city, county or city and county, or an
authorized representative and;
1.2. The chief building official of the city, county or city and county, or an
authorized representative.
16.04.050 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.
When the building official determines that a violation of this chapter or chapters 16.05, 16.06,
16.08, 16.14, 16.16 or 16.17 of this code has occurred, he/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.
16.04.060 Enforcement -- Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; and (3) code enforcement officer.
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16.04.70 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Building Code, 2016 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.04.080 Section 105.1.3 Demolition permits. Section 105.1.3 of Chapter 1, Division II of
the California Building Code is added to read:
105.1.3 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish 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.
16.04.85 Section 105.3.2 Time limitation of application. Section 105.3.2 of Chapter 1,
Division II of the California Building Code is amended to read:
Section 105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 365 days after the date of filing,
unless such application has been pursued in good faith or a permit has been issued; except
that the building official is authorized to grant one or more extensions and/or reactivations
for additional periods not exceeding 90 days each. The extension shall be required in
writing and justifiable cause demonstrated.
16.04.90 Section 105.5 Expiration. Section 105.5 of Chapter 1, Division II of the California
Building Code is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. For
the purpose of this section, failure to progress a project to the next level of
required inspection shall be deemed to be suspension of the work.
The chief building official is authorized to grant, in writing, no more than three
extensions and reactivations of permits that would otherwise expire or
reactivations of expired permits, for periods not more than 180 days each and
may require:
1) that the construction documents be revised to partially or fully
comply with current codes; and
2) payment of a fee; and
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3) payment of a penalty pursuant to Chapter 16.62 of the Palo Alto
Municipal Code, as it may be amended from time to time.
Extensions and reactivations shall be requested in writing and justifiable cause
demonstrated. Additional extensions or reactivations beyond three may only be
granted with the approval of the City Council.
105.5.1 Term Limit for Permits. All work associated with a building
permit must be completed, and final inspection issued, within 48 months
of permit issuance.
16.04.100 Section 109.6 Refunds. Section 109.6 of Chapter 1, Division II of the California
Building Code is amended to read:
109.6 Refunds The building official or the permit center manager may authorize the
refund of any fee paid hereunder which was erroneously paid or collected. The building
official or the permit center manager may authorize the refund of not more than eighty
percent (80%) of the Permit Fee paid when no work has occurred under a permit issued
pursuant to this Chapter. The building official or the permit center manager may
authorize the refund of not more than eighty percent (80%) of the Plan Review Fee paid
when a permit application is withdrawn or canceled before any plan review work has
started.
16.04.110 Section 109.7 Re-Inspection Fees. Section 109.7 of Chapter 1, Division II of the
California Building Code is added to read:
109.7 Re-Inspection Fees. A Re-Inspection Fee may be assessed/authorized by the
building official or the building inspection supervisor for each re-inspection required
when work for which an inspection is requested is not ready for inspection or when
required corrections noted during prior inspections have not been completed. A “Re-
Inspection Fee” may be assessed/authorized when;
1. The inspection record card is not posted or otherwise available on the work site,
2. The approved plans are not readily available for the inspector at the time of
inspection,
3. The inspector is unable to access the work at the time of inspection, or;
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.04.115 Section 110.2.1 Preliminary accessibility compliance inspection. Section 110.2.1
of Chapter 1, Division II of the California Building Code is added to read:
110.2.1 Preliminary accessibility compliance inspection. Before issuing a permit, the
building official or designee is authorized to examine or cause to be examined the pre-
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construction accessibility compliance conditions of the buildings, structures, and sites
for which an application has been filed.
16.04.120 Section 110.3.3 Lowest Floor Elevation. Section 110.3.3 of Chapter 1, Division II
of the California Building Code is amended to read:
110.3.3 Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by City Building Inspection.
16.04.130 Section 111.1 of Division II – Use and occupancy. Section 111.1 of Chapter 1,
Division II of the California Building Code is amended to read:
111.1 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.
Exception: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2 and:
2. Group R – Division 3 occupancies
3. Group U occupancies
111.1.1 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 requiring compliance
with all such requirements if it is determined 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 a new certificate of occupancy under this section,
the building official and fire chief shall cause an inspection of the building to be
made. The inspector(s) shall inform the applicant of those alterations necessary,
or if none are necessary, and shall submit a report of compliance to the building
official.
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Before any application for a new certificate of occupancy is accepted, a fee shall
be paid by the applicant to cover the cost of the inspection of the building
required by the change of occupancy or tenancy.
16.04.140 Section 111.3 of Division II – Temporary occupancy. Section 111.3 of Division II of
the California Building Code is amended to read:
111.3 Temporary occupancy. The building official is authorized to issue a
temporary certificate of occupancy before the completion of the entire work
covered by the permit, or as otherwise required, provided that such portion or
portions shall be occupied safely. The building official shall set a time period
during which the temporary certificate of occupancy is valid.
16.04.150 Section 111.5 Posting. Section 111.5 of Chapter 1, Division II of the California
Building Code is added to read:
111.5 Posting. The certificate of occupancy shall be posted in a conspicuous,
readily accessible place in the building or portion of building to be occupied and
shall not be removed except when authorized by the building official.
16.04.153 Section 115 Stop Work Order. Section 115 of Chapter 1, Division II of the California
Building Code is amended to read:
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this code
being performed in a manner that is contrary to the provisions of this code, without a
permit, beyond the scope of the issued permit, in violation of the Palo Alto Municipal
Code or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to
issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible
location near the location where the work is being conducted. If the owner or owner’s
agent is not on site at the time of posting, a notice advising the reasons for the stop
work order issuance shall be hand delivered or mailed first-class to the owner of the
property involved, or to the owner’s agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, the conditions under which the cited work will
be permitted to resume, and the name and contact information of the official or agency
issuing the order.
115.3 Unlawful Continuance. Any person who continues to engage in any work after
having been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.
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115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop
work order without written consent of the Building Official shall be guilty of a
misdemeanor.
115.5 Response Required. Violators receiving a stop work order are required to respond
to the Building Division within five (5) business days of the issued notice to receive
instructions on how to rescind the order.
115.6 Permit Application Required. A building permit application with construction or
demolition plans and supporting (structural calculations, energy calculations, accessible
access) documents must be submitted for approval within fifteen (15) working days
following response to the Building Division. Plans will be reviewed and correction letters
issued or permit application approved by the Building Division. A response to any
correction letter must be submitted within fifteen (15) working days of the date of the
correction letter. Ten working days will be required to review this second submission
and a permit approved for issuance. Permits ready for issuance must be issued within 5
working days thereafter. All construction must be inspected as work progresses and
signed off by all (affected) departments within 180 days of building permit issuance.
115.7 Stop Work Order Penalty. The Building Official may impose Stop Work Order
Penalties in accordance with Section 1.14.050 of this code and/or other applicable law.
16.04.155 Section 501.2 Address identification. Section 501.2 of Chapter 5 of the California
Building Code is amended to read:
501.2 Address identification. New and existing buildings shall be provided with
approved address numbers or letters. Each character shall be not less than 4 inches
(102 mm) in height and not less than 0.5 inches (12.7 mm) in width. They shall be
installed on a contrasting background and be plainly visible from the street or road
fronting the property. When required by the fire code official, address numbers shall be
provided in additional approved locations to facilitate emergency response. Where
access is by means of a private road and the building address cannot be viewed from the
public way, a monument, pole or other approved sign or means shall be used to identify
the structure. Address numbers shall be maintained.
501.2.1 Address illumination. Address identification required by Section 501.2
shall be illuminated.
501.2.2 Address identification size. Address numbers and letters shall be sized
as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
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2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
3. Numbers shall be contrasting to the adjacent surfaces.
16.04.160 Section 702A Definitions – Wildland-Urban Interface Fire Area.
Section 702A of Chapter 7A of the California Building Code is amended include the following
definition of “Wildland-Urban Interface Fire Area”:
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, or other areas designated by the enforcing agency to be
at a significant risk from wildfires. Within the city limits of the City of Palo Alto,
“Wild Land-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.
16.04.170 Section 902.1 Definitions.
Section 902.1 of Chapter 9 the California Building Code is amended to include the following
definitions:
DUAL SENSOR PHOTOELECTRIC/IONIZATION SMOKE DETECTOR OR ALARM. A
smoke alarm or detector that utilizes both photoelectric and ionization methods
in a single device.
DUAL SENSOR CARBON MONOXIDE AND SMOKE ALARM. A combination carbon
monoxide and smoke alarm or detector that senses both smoke and CO in a single
device.
PHOTOELECTRIC SMOKE DETECTOR OR ALARM. A smoke alarm or detector that
uses a light-source to detect the presence of smoke.
16.04.180 Section 903.2 – Automatic Sprinkler Systems, Where Required.
Section 903.2 of Chapter 9 the California Building Code is amended to read as follows:
903.2 Automatic sprinkler systems, 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 903.2.18 and as follows, whichever is the
more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
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Exception: New non-residential occupancies, buildings or
structures that do not exceed 350 square feet of building area.
2. An automatic sprinkler system shall be provided for all existing
buildings or structures where modifications have been determined
by the Building Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that create
conditions described in Sections 903.2.1 through 903.2.18, or that
create an increase in fire area to more than 3600 square feet or
when the addition is equal or greater than 50% of the existing
building square footage whichever is more restrictive.
4. An automatic sprinkler system shall be provided throughout all new
basements regardless of size and throughout existing basements
that are expanded by more than 50% or is conditioned for use. If the
addition is only the basement, then only the basement is required to
be fire sprinkler protection.
5. An automatic sprinkler system shall be installed throughout when
either the roof structure or exterior wall structure have been
removed and/ or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when
any change in use or occupancy creating a more hazardous fire/life
safety condition, as determined by the Fire Chief.
16.04.190 Section 903.3.1.1 NFPA sprinkler systems.
Section 903.3.1.1 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system
in accordance with this section, sprinklers shall be installed throughout in accordance
with NFPA 13 and State and local requirements except as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum sprinkler
design density shall be Ordinary Hazard Group II.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
16.04.200 Section 903.3.1.2 – NFPA 13R sprinkler systems.
Section 903.3.1.2 of Chapter 9 of the California Building Code is amended to read as follows:
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903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R
Occupancies, up to and including four stories in height, automatic sprinkler
systems shall be installed throughout in accordance with NFPA 13 and State and
local standards.
16.04.210 Section 903.3.1.3 – NFPA 13D sprinkler systems.
Section 903.3.1.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler
systems installed in one-and two-family detached dwellings and townhouses
shall be installed throughout in accordance with NFPA 13D and State and local
standards.
16.04.220 Reserved
16.04.230 Reserved
16.04.240 Section 903.4.3 - Floor control valves.
Section 903.4.3 of the California Building Code is amended to read as follows:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings
two (2) or more stories in height shall have valves installed so as to control the
system independently on each floor including basements.
16.04.250 Section 907.2.11 - Single- and multiple-station smoke alarms.
Section 907.2.11 of Chapter 9 of the California Building Code is amended to read as follows:
907.2.11 Single- and multiple-station smoke alarms. Listed single- and
multiple-station smoke alarms complying with UL217 shall be installed in
accordance with Sections 907.2.11.1 through 907.2.11.5 and manufacturers’
installation and use instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or
subject to the provisions of the Health and Safety Code, they shall also be listed
and approved for rapid response to smoldering synthetic materials. All smoke
alarms or detectors shall be of the photoelectric type or shall have equivalent
detection capabilities in compliance with UL 217.
Exception: A combination photoelectric/ionization smoke alarm or detector
may be used if located no closer than 20 feet to a kitchen, bathroom, fireplace
or woodburning appliance.
16.04.255 Section 1203.6 Ventilation of weather-exposed enclosed assemblies.
Section 1203.6 of Chapter 12 of the California Building Code is added to read:
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1203.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting
elements and appurtenances exposed to the weather and sealed underneath, including
but not limited to balconies, landings, decks, and stairs, shall have cross ventilation for
each separate enclosed space by ventilation openings protected against the entrance of
rain and snow. Blocking and bridging shall be arranged so as not to interfere with the
movement of air. The net free ventilating area shall not be less than 1/150th of the area of
the space ventilated. Ventilation openings shall comply with Section1203.2.1. An access
panel of sufficient size shall be provided on the underside of the enclosed space to allow
for periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
2. Removable soffit vents of at least four inches (4”) in width can be used to
satisfy both ventilation and access panel requirements.
16.04.260 Section 1206.3.4 – Roof guardrails at interior courts.
Section 1206.3.4 of Chapter 12 of the California Building Code is added to read:
1206.3.4 Roof guardrails at interior courts. Roof openings into interior courts
that are bounded on all sides by building walls shall be protected with guardrails.
The top of the guardrail shall not be less than 42 inches in height above the
adjacent roof surface that can be walked on. 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.
16.04.265 Section 1404.13 Projections exposed to weather.
Section 1404.13 of Chapter 14 of the California Building Code is added to read:
1404.13 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall
be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant
(e.g. galvanized) steel, or similar approved materials.
16.04.270 Section 1503.2.1 Flashing Locations.
Section 1503.2.1 of Chapter 15 of the California Building Code is amended to read:
1503.2.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
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16.04.275 Section 1616.10.15 ASCE 7, Section 13.1.4
Section 1616.10.15 of Chapter 16 of the California Building Code is amended to include the
following:
13.1.4 Exemptions. The following nonstructural components are exempt from the
requirements of this section:
[. . .]
6. [. . .]
c. Flexible connections are provided at seismic separation joints and
between the component and associated ductwork, piping, and conduit; and
one of the following applies:
[. . .] or
iii. The component weights 200 lb (890N) or less and is suspended
from roof/floor or mounted on wall.
16.04.280 Section 1612.1.1 - Palo Alto Flood Hazard Regulations.
Section 1612.1.1 of Chapter 16 of the California Building Code is added to read:
1612.1.1 Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of
Section 1612.1, all construction or development within a flood hazard area
(areas depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps
published by the Federal Emergency Management Agency) shall comply with the
City of Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter
16.52). Where discrepancies exist between the requirements of this code and
said regulations, the provisions of said regulations shall apply.
16.04.290 Section 1705.3 Concrete Construction.
Section 1705.3 of Chapter 17 of the California Building Code is amended to read:
1705.3 Concrete construction. The special inspections and verifications for concrete
construction shall be as required by this section and Table 1705.3.
Exception: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of
the footing is based on a specified compressive strength, f’c, no greater than
2,500 pound per square inch (psi).
2. Continuous concrete footings supporting walls of buildings three stories or less
above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive
strength, f ′c, no greater than 2,500 pounds per square inch (psi) (17.2
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MPa), regardless of the compressive strength specified in the construction
documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including pre-
stressed slabs on grade, where the effective pre-stress in the concrete is less
than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
16.04.300 Table 1809.7 Prescriptive Footings Supporting Walls of Light-Frame Construction.
Table 1809.7 of Chapter 18 of the California Building Code is amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported
by the
Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies
8 12 8 12
a. The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
b. Interior stud-bearing walls shall be permitted to be supported by isolated
footings. The footing width and length shall be twice the width shown in this
table, and footings shall be spaced not more than 6 feet on center.
c. See Section 1905 for additional requirements for concrete footings of
structures assigned to Seismic Design Category C, D, E or F.
d. 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 two bars are required.
e. Footings shall be permitted to support a roof in addition to the stipulated
number of floors. Footings supporting roof only shall be as required for
supporting one floor.
16.04.310 Section 2308.9.3 Bracing. Section 2308.9.3 of Chapter 23 of the California
Building Code is amended to read:
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2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels that meet the
requirements for location, type and amount of bracing as shown in Figure 2308.9.3,
specified in Table 2308.9.3(1) and are in line or offset from each other by not more than
4 feet (1219 mm). Braced wall panels shall start not more than 121/2 feet (3810 mm)
from each end of a braced wall line. Braced wall panels shall be clearly indicated on the
plans. Construction of braced wall panels shall be by one of the following methods:
1. Wood boards of 5/8 inch (15.9 mm) net minimum thickness applied diagonally on
studs spaced not over 24 inches (610 mm) o.c.
2. Wood structural panel sheathing with a thickness not less than 3/8 inch (9.5 mm)
for 16-inch (406 mm) or 24-inch (610 mm) stud spacing in accordance with Tables
2308.9.3(2) and 2308.9.3(3).
3. Fiberboard sheathing panels not less than 1/2 inch (12.7 mm) thick applied
vertically or horizontally on studs spaced not over 16 inches (406 mm) o.c. where
installed with fasteners in accordance with Section 2306.6 and Table 2306.6.
4. Particleboard wall sheathing panels where installed in accordance with Table
2308.9.3(4).
5. Portland cement plaster on studs spaced 16 inches (406 mm) o.c. installed in
accordance with Section 2510.
6. Hardboard panel siding where installed in accordance with Section 2303.1.6 and
Table 2308.9.3(5).
For cripple wall bracing, see Section 2308.6.6.2 . For all methods above, each panel
must be at least 48 inches (1219 mm) in length, covering three stud spaces where
studs are spaced 16 inches (406 mm) apart and covering two stud spaces where
studs are spaced 24 inches (610 mm) apart.
16.04.315 Table 2308.6.1 – footnote c amended. Footnote “c” of table 2308.6.1 of Chapter
23 of the California Building Code is amended to read:
c. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.317 Table 2308.6.3(1) Bracing Methods. Table 2308.6.3(1) – Bracing Methods of
Chapter 23 of the California Building Code is amended to add footnote “c” as follows:
Table 2308.6.3(1)
BRACING METHODS
METHODS,
MATERIAL
MINIMUM
THICKNESS
FIGURE CONNECTION CRITERIAa,c
Fasteners Spacing
c. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.320 Section 2308.12.5 Attachment of sheathing. Section 2308.12.5 of Chapter 23 of
the California Building Code is amended to read:
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2308.12.5 Attachment of sheathing. Fastening of braced wall panel sheathing shall not
be less than that prescribed in Table 2308.12.4 or 2304.9.1. Wall sheathing shall not be
attached to framing members by adhesives.
All braced wall panels shall extend to the roof sheathing and shall be attached to
parallel roof rafters or blocking above with framing clips (18 gauge minimum)
spaced at maximum 24 inches on center with four 8d nails per leg (total eight-8d
nails per clip). Braced wall panels shall be laterally braced at each top corner and
at maximum 24 inch intervals along the top plate of discontinuous vertical
framing.
16.04.325 Section 3304.1 Excavation and fill.
Section 3304.1 of Chapter 33 of the California Building Code is amended to read:
3304.1 Excavation and fill. Excavation and fill for buildings and structures shall be
constructed or protected so as not to endanger life or property. Stumps and roots shall be
removed from the soil to a depth of not less than 12 inches (305mm) below the surface of
the ground in the area to be occupied by the building. Wood forms that have been used in
placing concrete, if within the ground or between foundation sills and the ground, shall be
removed before a building is occupied or used for any reason. Wooden stakes shall not be
embedded in concrete. Before completion, loose or casual wood shall be removed from
direct contact with the ground under the building.
16.04.330 2016 California Existing Building Code Adopted.
The California Existing Building Code, 2016 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 be reference and made a part hereof
the same as if fully set forth herein. One copy of the California, 2016 Edition, has been filed for use
and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.335 2016 California Existing Building Code and International Existing Building
Code Appendix Chapters Adopted.
The following Appendix Chapters of the California Existing Building Code (CEBC), 2016
Edition, and International Existing Building Code (IEBC), 2015 Edition, are adopted and
herby incorporated in this Chapter be reference and made a part hereof the same as if fully
set forth herein:
A. CEBC Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry
Bearing Wall Buildings
B. IEBC Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete
and Reinforced Masonry Wall Buildings with Flexible Diaphragms.
C. CEBC Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple
Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings
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D. CEBC Appendix A4 – Earthquake Risk Reduction in Wood-Frame Residential
Buildings with Soft, Weak or Open Front Walls
E. IEBC Appendix A5 – Earthquake Hazard Reduction in Existing Concrete Buildings
16.04.340 Section 403.13 – Suspended ceiling systems.
Section 403.13 of the California Existing Building Code, Title 24, Part 10 is added to read:
403.13 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 ASCE 7-10 Section
13.5.6.
16.04.345 Section 404.2.1 – Seismic Evaluation and Design Procedures for Repairs. Section
404.2.1 of the California Existing Building Code, Title 24, Part 10 is amended to read:
404.2.1 Evaluation and design procedures. The building shall be evaluated by a
registered design professional, and the evaluation findings shall be submitted to
the code official. The evaluation shall establish whether the damaged building, if
repaired to its pre-damage state, would comply with the provisions of this code
for wind and earthquake loads. Evaluation for earthquake loads shall be
required if the substantial structural damage was caused by or related to
earthquake effects or if the building is in Seismic Design Category C, D, E or
F. The seismic evaluation and design shall be based on the procedures specified
in the building code, ASCE 41 Seismic Evaluation and Upgrade of Existing
Buildings. The procedures contained in Appendix A of the International Existing
Building Code (IEBC) shall be permitted to be used as specified in Section
404.2.1.
Wind loads for this evaluation shall be those prescribed in Section 1609.
404.2.1.1 CEBC level seismic forces. When seismic forces are required to
meet the building code level, they shall be one of the following:
1. One hundred percent of the values in the building code. The R
factor used for analysis in accordance with Chapter 16 of the
building 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".
2. 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 404.2.1.1.
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TABLE 404.2.1.1
ASCE 41 PERFORMANCE LEVELS
RISK CATEGORY (BASED ON
CBC TABLE 1604.5)
PERFORMANCE LEVEL FOR USE WITH ASCE 41
BSE-1 EARTHQUAKE HAZARD LEVEL
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-2 EARTHQUAKE HAZARD
LEVEL *
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Damage Control Limited Safety
IV Immediate Occupancy (IO) Life Safety (LS)
* Only applicable when Tier 3 procedure is used.
404.2.1.2 Reduced CEBC level seismic forces. When seismic forces are
permitted to meet reduced building code levels, they shall be one of the
following:
1. Seventy-five percent of the forces prescribed in the building 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 404.2.1.1.
2. In accordance with the California Existing Building Code and applicable
chapters in Appendix A of the International Existing Building Code, as
specified in Items a. through e. 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.
a. The seismic evaluation and design of unreinforced masonry
bearing wall buildings in Risk Category I or II are permitted to be
based on the procedures specified in CEBC Appendix Chapter A1.
b. Seismic evaluation and design of the wall anchorage system in
reinforced concrete and reinforced masonry wall buildings with
flexible diaphragms in Risk Category I or II are permitted to be
based on the procedures specified in IEBC Appendix Chapter A2.
c. Seismic evaluation and design of cripple walls and sill plate
anchorage in residential buildings of light-frame wood
construction in Risk Category I or II are permitted to be based on
the procedures specified in CEBC Appendix Chapter A3
d. Seismic evaluation and design of soft, weak, or open-front wall
conditions in multi-unit residential buildings of wood construction
in Risk Category I or II are permitted to be based on the
procedures specified in CEBC Appendix Chapter A4.
e. Seismic evaluation and design of concrete buildings and concrete
with masonry infill buildings in all risk categories are permitted to
be based on the procedures specified in IEBC Appendix Chapter
A5.
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3. Those associated with the BSE-1 Earthquake Hazard Level defined in
ASCE 41 and the performance level as shown in Table 404.2.1.1. Where
ASCE 41 is used, the design spectral response acceleration parameters
SXS and SX1 shall not be taken less than seventy-five percent of the
respective design spectral response acceleration parameters SDS and
SD1 defined by the California Building Code and its reference standards.
16.04.350 2016 California Historical Building Code adopted.
The California Historical Building Code, 2016 Edition, Title 24, Part 8 (authorized by Health and
Safety Code Sections 18950 through 18961), 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, 2016 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, 2016 Edition, attached hereto as Exhibit “A” and incorporated herein
by reference.
SECTION 3. Section 16.62.030 (Penalty for expired permits) of Chapter 16.62
(Expired Permits for Residential Construction and Demolition) of Title 16 (Building Regulations)
of the Palo Alto Municipal Code is amended to read:
A property owner shall be subject to the following penalties for violation of
section 16.62.020:
Time from Permit Expiration Penalty
0 to 30 days $0
31st day through 60th day $200.00 per day (i.e., $6,000.00 maximum
penalty applicable to this 30-day period)
61st day through 120th day $400.00 per day (i.e., $24,000.00 maximum
penalty applicable to this 60-day period)
121st day and every day thereafter $800.00 per day
(a) For purposes of this section, if a renewed permit expires and the property owner
has not advanced a project to the next level of required inspection, the calculation of
penalties shall relate back to the date of the previous permit expiration.
(b) The chief building official may reduce or waive a penalty accrued under this chapter
upon finding that the property owner acted in good faith and either: (1) the delay was
attributable to circumstances beyond the property owner’s control; or (2) imposition of
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the full accrued penalty would harm the public interest, provided, however, that and
reduction or waiver of more than $10,000 must be approved by the City Manager.
SECTION 4. The Council finds that this ordinance 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 5. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative
Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA BUILDING CODE AND
CALIORNIA EXISTING 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.
Code: CBC
Section Title Add Amended Justification
(See below for
keys)
501.2 Address Identification T
702A Wild Land-Urban Interface Fire Area T
902.1 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
T
903.2 Where Automatic Sprinklers
Required
T
903.3.1.1 NFPA 13 Sprinkler Systems T
903.3.1.2 NFPA 13R Sprinkler Systems T
903.3.1.3 NFPA 13D Sprinkler Systems T
903.4.3 Floor Control Valves T
907.2.11 Single- and Multiple-Station Smoke
Alarms
T
1203.6.1 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
1206.3.4 Roof Guardrails at Interior Courts T
1404.13 Projections Exposed to Weather G, T
1503.2.1 Flashing Locations T
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1612.1.1 Palo alto Flood Hazard Regulations C, T
1616.10.15 ASCE 7 Sec. 13.1.4 G
1705.3 Concrete Construction G
Table 1809.7 Prescriptive Footings Supporting
Walls of Light Frame Construction
G
2308.9.3 Bracing G
Table 2306.1 &
Table 2308.6.3(1)
Wall Bracing in Seismic Design
Categories D & E
G
2308.12.5 Attachment of Sheathing G
3405.2.1 Evaluation and Design Procedures T
Appendix I Patio Covers C
Appendix J;
section J109.4
Drainage Across Property Lines T
Code: CEBC
Section Title Add Amended Justification
(See below for
keys)
403.13 Excavation and fill G
404.2.1 Suspended Ceiling Systems G
CEBC Appendix A1 Seismic Strengthening Provisions for
Unreinforced Masonry Bearing Wall
Buildings
G
IEBC Appendix A2 Earthquake Hazard Reduction in
Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings
with Flexible Diaphragms.
G
CEBC Appendix A3 Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and Sill
Plate Anchorage of Light, Wood-
Frame Residential Buildings
G
CEBC Appendix A4 Earthquake Risk Reduction in Wood-
Frame Residential Buildings with Soft,
Weak or Open Front Walls
G
IEBC Appendix A5 Earthquake Hazard Reduction in
Existing Concrete Buildings
G
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and
welfare in the City. The hot, dry weather frequently results in wild land fires on the brush
covered slopes west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous conditions for which
departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression and emergency response vehicles difficult. Palo
Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition consists mostly
of stiff to dense sandy clay, which is highly plastic and expansive in nature. The
aforementioned conditions within the City create hazardous conditions for which departure
from California Building Standards Code is warranted.
NOT YET APPROVED
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Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending and
Restating Chapter 16.14 of the Palo Alto Municipal Code, California
Green Building Standards Code 2016 Edition, and Local Amendments
and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.14 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety Chapter 16.14 and adopting a new Chapter 16.14 to read as follows:
16.14.010 2016 California Green Building Standards Code adopted.
The California Green Building Standards Code, 2016 Edition, Title 24, Part 11 of the California Code
of Regulations, together with those omissions, amendments, exceptions and additions thereto, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall
be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2016. Ordinance No. 5324 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Green Building Standards Code” or “Cal Green” are used in this
code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply
to the California Green Building Standards Code, 2016 Edition, as adopted and amended by this
chapter.
One copy of the California Green Building Standards Code, 2016 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.14.020 2016 California Green Building Standards Code Appendix Chapters adopted.
The following Appendix Chapters of the California Green Building Standards Code, 2016 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 A4 - Residential Voluntary Measures (Tier 1 and Tier 2)
B. Appendix A5 - Nonresidential Voluntary Measures (Tier 1 and Tier 2)
ATTACHMENT B
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16.14.030 Cross - References to California Green Building Standards Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green
Building Standards Code, 2016 Edition, in order to facilitate reference and comparison to those
provisions.
16.14.040 Violations – Penalties.
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this code. Each separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable as provided in this section.
16.14.050 Enforcement -- Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; (3) Director of Development Services, and (4) Code enforcement
officer.
16.14.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Green Building Standards Code, 2016 Edition, and shall be deemed to
replace the cross-referenced sections of said Code with the respective provisions set forth in this
Chapter.
16.14.070 Section 202 amended – Definitions added.
Section 202 of the California Green Building Standards Code is amended to include the following
definitions:
CPAU: The City of Palo Alto Utilities Department.
CALGREEN MANDATORY: Calgreen mandatory requirements are triggered for projects
outlined in Section 301.1 Scope of the code, as amended. Projects that trigger only
Calgreen mandatory measures are not required to fulfill Calgreen Tier 1 or Tier 2 as
listed in Appendix A4 and A5.
CALGREEN “TIER 1”: To achieve Tier 1 status, a project must comply with the
requirements identified in Appendix A4, Division A4.601.4 for residential projects and
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Appendix A5.601.2 for non-residential projects. The local adaptations to these
appendices are identified in this ordinance. Projects subject to Tier 1 must fulfill on
Calgreen mandatory measures and Calgreen Tier 1 prerequisite measures. Tier 1
projects must also select the minimum amount Calgreen elective measures required for
Tier 1.
CALGREEN “TIER 2”: To achieve Tier 2 status, a project must comply with the
requirements identified in Appendix A4, Division A4.601.5 for residential projects and
Appendix A5.601.3 for non-residential projects. The local adaptations to these
appendices are identified in this ordinance. Projects subject to Tier 2 must fulfill on
Calgreen mandatory measures and Calgreen Tier 2 prerequisite measures. Tier 2
projects must also select the minimum amount of Calgreen elective measures required
for Tier 2.
CALGREEN “TIER 1” AND “TIER 2” PREREQUISITE MEASURES: Projects subject to
Calgreen Tier 1 or Tier 2 must fulfill the minimum prerequisites as described within
Appendix A4, Division A4.6 for Residential projects and Appendix A5.6 for Non-
Residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN “TIER 1” AND “TIER 2” ELECTIVE MEASURES: Projects subject to Calgreen
Tier 1 or Tier 2 must fulfill the minimum number of electives as described within
Appendix A4, Division A4.6 for Residential projects and Appendix A5.6 for Non-
Residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
DEDICATED IRRIGATION METER. A dedicated irrigation meter is a water meter that
exclusively meters water used for outdoor watering and irrigation, and is completely
independent from the meter used for indoor water use.
CALGREEN PLANS EXAMINER: A Calgreen Plans Examiner is an individual certified
through the International Code Council (ICC) for demonstrating knowledge and
application of Green Building concepts during plan review. For projects that require a
Calgreen Plans Examiner verification, the Examiner must be contracted directly with the
owner and may not be a contractor or employee of the design or construction firm.
CALGREEN INSPECTOR: A Calgreen Inspector is an individual certified through the
International Code Council (ICC) for demonstrating knowledge and application of Green
Building concepts during inspection. For projects that require a Calgreen Inspector
verification, the Inspector must be contracted directly with the owner and may not be a
contractor or employee of the design or construction firm.
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GREEN POINT RATER: A GreenPoint Rater is an individual rated by Build It Green—a
professional non-profit membership organization whose mission is to promote healthy,
energy- and resource-efficient buildings in California. For projects that require Green
Point Rater verification, the Green Point Rater must be contracted directly with the
owner and may not be a contractor or employee of the design or construction firm. The
city shall maintain a list of pre-approved Special Inspectors in accordance with Chapter
7, section 702.2 Special Inspection.
INVASIVE PLANTS. Invasive plants are both indigenous and non-indigenous species with
growth habits that are characteristically aggressive. Invasive plants that are of concern
and may be prohibited by this code are defined as such in the “Water Use Classification
of Landscape Species (WUCOLS), A Guide to the Water Needs of Landscape Plants,”
from the University of California Cooperative Extension.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of
Water Resources Model Water Efficient Landscape Ordinance (or “Model Water
Ordinance) ordinance regulating new construction and rehabilitated landscape project
design, installation and maintenance. The Model Water Ordinance assigns a Maximum
Applied Water Allowance (MAWA) based on landscaped area and climatological
parameters. The City of Palo Alto has adopted more stringent compliance regulations in
this code than the Model Water Ordinance; however, the Model Water Ordinance is
referenced as the guiding document for water use calculations, irrigation system design,
and water waste prevention.
PROCESS WATER. Process water means untreated wastewater, uncontaminated by
toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful
processing, manufacturing or operating wastes.
SALVAGE. Salvage means the controlled removal of construction or demolition debris/
material from a building, construction, or demolition site for the purpose of on- or off-
site reuse, or storage for later reuse. Examples include air conditioning and heating
systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters,
quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling
fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of
wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door
brackets, door hinges, marble, iron work, metal balconies, structural steel, plumbing
fixtures, refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone,
stoves, toilets, windows, wood fencing, lumber and plywood.
SQUARE FOOTAGE. For application of green building requirements, square footage
means all new and replacement square footage, including basement areas (7 feet or
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greater in height) and garages, except that unconditioned garage space shall only count
as 50% . Areas demolished shall not be deducted from the total new construction
square footage. Square footage may also apply to landscapes, in which case it is the
total surface area of the site not covered by impervious surfaces.
16.14.080 Section 301 amended – voluntary tiers added.
Section 301 of the California Green Building Standards Code is amended to read:
SECTION 301
GENERAL
301.1 Scope. Buildings shall be designed to include the green building measures
specified as mandatory in the application checklists contained in this code and any
applicable local amendments. In addition, the City requires the use of Voluntary Tiers, as
provided in Sections A4.601 and A5.601, for certain residential and nonresidential new
construction, additions, and alterations.
301.1.1 Residential additions and alterations. [HCD] The mandatory provisions of
Chapter 4 shall be applied to additions or alterations of existing residential buildings
where the addition or alteration increases the building's conditioned area, volume, or
size. The requirements shall apply only to and/or within the specific area of the addition
or alteration.
Tier 1 adopted. All residential building additions or alterations exceeding 1000 square
feet must meet California Green Building Standards Code Mandatory plus Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
Note: On and after January 1, 2014, residential buildings undergoing permitted
alterations, additions or improvements shall replace noncompliant plumbing
fixtures with water-conserving plumbing fixtures. Plumbing fixture replacement
is required prior to issuance of a certificate of final completion, certificate of
occupancy or final permit approval by the local building department. See Civil
Code Section 1101.1, et seq., for the definition of a noncompliant plumbing
fixture, types of residential buildings affected and other important enactment
dates.
301.2 Low-rise and high-rise residential buildings. [HCD] The provisions of individual
sections of CALGreen may apply to either low-rise residential buildings, high-rise
residential buildings, or both. Individual sections will be designated by banners to
indicate where the section applies specifically to low-rise only (LR) or high-rise only (HR).
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When the section applies to both low-rise and high-rise buildings, no banner will be
used.
301.3 Nonresidential additions and alterations. [BSC] The provisions of individual
sections of Chapter 5 apply to building nonresidential additions of 1,000 square feet or
greater, and/or building alterations with a permit valuation of $200,000 or above (for
occupancies within the authority of California Building Standards Commission). Code
sections relevant to additions and alterations shall only apply to the portions of the
building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only
applies to newly constructed buildings [N] or to additions and alterations [AA]. When
the code section applies to both, no banner will be used.
Tier 1 adopted. Nonresidential alterations (including tenant improvements or
renovations) of 5,000 square feet that include replacement or alteration of at least two
of the following: HVAC system, building envelope, hot water system, or lighting system,
must comply with Mandatory California Green Building Standards Code plus Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
Tier 2 adopted. Nonresidential additions of 1000 square feet or greater must comply
with California Green Building Standards Code Mandatory plus Tier 2 requirements, as
amended by this Chapter and as applicable to the scope of work.
301.4 Residential new construction – Tier 2 adopted. All newly constructed Residential
Buildings must meet California Green Building Standards Code Mandatory plus Tier 2
requirements, as amended by this Chapter and as applicable to the scope of work.
301.5 Non-residential new construction – Tier 2 adopted. All new nonresidential
construction must meet California Green Building Standards Code Mandatory plus Tier 2
requirements, as amended by this Chapter and as applicable to the scope of work.
301.6 Special Inspector Requirements. Residential project owners subject to Calgreen
Mandatory plus Tier 1 or Tier 2 requirements shall contract a special inspector in
accordance with section 702.2 of this code, as amended.
16.14.090 Section 702.2 Special Inspection.
Section 702.2 of the California Green Building Standards Code is amended to read:
702.2 Special Inspection. When required by the enforcing agency, the owner or
responsible entity acting as the owner’s agent shall employ one or more special
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inspectors to provide inspection or other duties necessary to substantiate compliance
with this code. Special inspectors shall demonstrate competence to the satisfaction of
the enforcing agency for the particular type of inspection or task to be performed. In
addition to other certifications or qualifications acceptable to the enforcing agency, the
following certifications or education may be considered by the enforcing agency when
evaluating the qualifications of a special inspector. The city shall maintain a list of pre-
approved Special Inspectors in accordance with this section. The owner shall contract a
Special Inspector meeting one of the following;
1)Certification by a national or regional green building program:
ICC Certified Plans Examiner and ICC Certified Calgreen Inspector: Contract a
Calgreen Plans Examiner and Calgreen Inspector to provide third-party
verification of compliance prior to Permit Issuance and prior to Final Inspection.
This Special Inspector may fulfill both requirements if the individual, or company,
maintains both the Calgreen Plans Examiner and Calgreen Inspector designation.
2) Other programs acceptable to the enforcing agency.
When required by the enforcing agency, the owner or responsible entity acting as the
owner’s agent shall employ one or more special inspectors to provide inspection or
other duties necessary to substantiate compliance with this code. Special inspectors
shall demonstrate competence to the satisfaction of the enforcing agency for the
particular type of inspection or task to be performed. In addition, the special inspector
shall have a certification from a recognized state, national or international association,
as determined by the local agency. The city shall maintain a list of pre-approved Special
Inspectors in accordance with this section.
Note: Special inspectors shall be independent entities with no financial interest
in the materials or the project they are inspecting for compliance with this code.
16.14.100 Section 303.1.2 Cumulative construction.
Section 303.1.2 is added to the California Green Building Standards Code to read:
303.1.2 Cumulative construction. Cumulative construction over any two-year period, or
a project completed in phases, shall be considered as a single project, subject to the
highest level of green building requirements for that project, unless exempted by the
Director of Development Services as impractical for compliance. If a project is developed
in phases, such as a core and shell development following by a tenant improvement,
regardless of ownership each phase will be subject to the green building requirements
which apply to the scope of work constructed as part of that phase.
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16.14.110 Residential Projects. Chapter 4 Preface: Green building requirements for
project type and scope.
A preface is added to Chapter 4 of the California Green Building Standards Code to read:
Preface - Green Building Requirements for Project Type and Scope For design and
construction of residential projects, the City requires compliance with the mandatory
measures of Chapter 4, in addition to use of Tier 1 and Tier 2 as specified in Palo Alto
Municipal Code Chapter 16.14. See Section 202 for definitions on Calgreen mandatory,
Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives. All elective
measures are adopted as written under Appendix A4 unless otherwise indicated in this
Section.
16.14.120 Section A4.104 Site Preservation.
Section A4.104.1 is adopted as a Tier 1 and Tier 2 elective and is amended to read:
A4.104.1 Supervision and Education by a Special Inspector. Individuals with oversight
authority on the project, as defined in 16.14.090 of this code, who have been trained in
areas related to environmentally friendly development, can teach green concepts to
other members of the builder’s staff and ensure training and written instruction has
been provided to all parties associated with the development of the project. Prior to the
beginning the construction activities, all the builder shall receive a written guideline and
instruction specifying the green goals of the project.
Note: Lack of adequate supervision and dissemination of the project goals can
result in negative effects on green building projects. If the theme of green
building is not carried through the project, the overall benefit can be
substantially reduced by the lack of knowledge and information provided to the
various entities involved with the construction of the project.
16.14.130 Section A4.105.1 and A4.105.2 Deconstruction and Reuse of Existing Materials.
Sections A4.105.1 and A4.105.2 are adopted as Tier 1 and Tier 2 elective measures and are
amended to read:
A4.105.1 General. Existing buildings on the site are deconstructed and the salvaged
materials are reused. Reused materials or products must comply with the current
building standards requirements or be an accepted alternate method or material.
Salvaged materials may be reused onsite or for a different project. The Chief Building
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Official may require documentation confirming that salvageable materials have been
reused.
A4.105.2 Reuse of materials. Non-hazardous materials which can be easily reused
include but are not limited to the following:
1.Light fixtures
2.Plumbing fixtures
3.Doors and trim
4.Masonry
5.Electrical devices
6.Appliances
7.Foundations or portions of foundations
Note: Reused material must be in compliance with the appropriate Title 24
requirements.
16.14.135 Section A4.105.3 Deconstruction Survey.
Section A4.105.3 is added as mandatory to read:
A4.105.3 Deconstruction Survey. All single family residential dwelling units required to
obtain a demolition permit shall complete a deconstruction survey provided by third
party approved by the Chief Building Official. The survey shall include a list of materials
that are reusable in the project, as well as the values of such materials.
16.14.140 Reserved.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the mandatory electric vehicle supply equipment (EVSE) requirements stated in Section
4.106.4, as amended.
16.14.160 Section A4.106.9 Bicycle Parking.
Section A4.106.9 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the bicycle parking requirements in the Palo Alto Municipal Code.
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16.14.170 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is adopted as a Tier 1 and Tier 2 elective measure for all covered projects and
is amended to read:
A4.106.10 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1.The minimum requirements in the California Energy Code for Lighting
Zones 1-4 as defined in Chapter 10 of the California Administrative Code;
and
2.Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11;
and
3.Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4.Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1.Luminaires that qualify as exceptions to the California Energy Code.
2.Emergency lighting.
3.One- and two-family dwellings.
16.14.180 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure. Projects shall comply
with Chapter 16.17 of the Palo Alto Municipal Code (Energy Reach Code).
16.14.190 Reserved.
16.14.200 Reserved.
16.14.210 Reserved.
16.14.220 Section A4.304.2.1 Irrigation Metering Device.
Section A4.304.2.1 is adopted as a Tier 1 and Tier 2 prerequisite and is amended to read:
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A4.304.2.1 Irrigation Metering Device. Dedicated irrigation meters are to be installed in
all new construction and rehabilitated landscapes when the landscape is greater than
1,000 square feet.
16.14.230 Section A4.305 Water Reuse Systems.
Sections A4.305.1 through A4.305.3 are adopted as Tier 1 and Tier 2 electives and are amended
to read:
A4.305.1 Graywater. Alternative plumbing piping is installed to permit the discharge
from the clothes washer and other fixtures (except toilets and kitchen sinks) to be used
for an irrigation system in compliance with the California Plumbing Code.
A4.305.2 Recycled Water Piping. Based on projected availability, dual water piping is
installed for future use of recycled water at the following locations:
1.Interior piping for the use of recycled water is installed to serve all water closets,
urinals, and floor drains.
2.Exterior piping is installed to transport recycled water from the point of
connection to the structure. Recycled water systems shall be designed and
installed in accordance with the California Plumbing Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water is used for landscape
irrigation.
Section A4.305.4 is added and adopted as Tier 1 and Tier 2 prerequisite and shall read as
follows:
A4.305.4 Additions and alterations. All multifamily residential additions and alterations
must install recycled water infrastructure for irrigation when the landscape area
exceeds 1,000 square feet.
Section A4.305.5 is added and adopted a Tier 2 prerequisite and shall read as follows:
A4.305.5 Laundry to Landscape Infrastructure. Newly constructed Residential Buildings
with a landscape area of any size shall install an independent plumbing drainage system
including a trap and vent that shall begin near the interior laundry fixtures and will
terminate at the exterior of the home. This piping system will be capped at all outlets
and will assist in the future installation of a “Laundry-to-Landscape” irrigation system. A
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complete irrigation system installation shall meet the requirements of the California
Plumbing Code 1502.1.1, Clothes Washer System.
Exception: Laundry fixtures located below grade.
A4.305.5.1 Identification. Independent laundry to landscape capable system
shall be labeled as "LAUNDRY-TO-LANDSCAPE CABABLE" and be readily visible to
the user.
16.14.240 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure.
16.14.250 Section A4.403.2 Reduction in cement use.
Section A4.403 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.403 is adopted as a
Tier 1 and Tier 2 elective measure and shall read as:
A4.403.2 Reduction in cement use. As allowed by the enforcing agency, cement used in
foundation mix design shall be reduced as follows:
Tier 1. Not less than a 20 percent reduction in cement.
Tier 2: Not less than a 25 percent reduction in cement.
Note: Products commonly used to replace cement in concrete mix designs
include, but are not limited to:
1. Fly ash
2. Slag
3. Silica fume
4. Rice hull ash
16.14.260 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 is adopted as mandatory and is amended to read:
A4.408.1 Enhanced Construction Waste Reduction. Nonhazardous construction and
demolition debris generated at the site is diverted to recycle or salvage incompliance
with the following:
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Tier 1 and Tier 2. At least a 80-percent reduction. Any mixed recyclables that are sent to
mixed-waste recycling facilities shall include a qualified third party verified facility
average diversion rate. Verification of diversion rates shall meet minimum certification
eligibility guidelines, acceptable to the local enforcing agency.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing
agency which demonstrates compliance with all construction and demolition
waste reduction requirements.
16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.403 is adopted as
a Tier 1 and Tier 2 elective measure.
16.14.280 Non-Residential Projects: Chapter 5 Preface Green Building Requirements for
Project Type and Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
Preface – Green Building Requirements for Project Type and Scope. For design and
construction of non-residential projects, the City requires compliance with the
mandatory measures of Chapter 5, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on Calgreen
mandatory, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives. All
elective measures are adopted as written under Appendix A5 unless otherwise indicated
in this Section.
16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
Section 5.106.1.1 Local ordinance is amended to read:
5.106.1.1 Local ordinance. Newly constructed projects and additions shall comply with
additional storm water pollution prevention measures as applicable. (See Chapter 16.11,
Storm Water Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.295 Section 5.106.8 Light pollution reduction
Section 5.106.8 Light pollution reduction is amended to read:
5.106.8 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
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1. The minimum requirements in the California Energy Code for Lighting
Zones 1-4 as defined in Chapter 10 of the California Administrative Code;
and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11;
and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptins in Section 140.7 of the California
Energy Code.
2. Emergency lighting.
3. Building façade meeting the requirements in Table 140.7-B of the
California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as
permitted by Section 101.8 Alternate materials, designs, and methods
of construction.
16.14.300 Section 5.303.5 Dual Plumbing.
Section 5.303.5 Dual plumbing is added as mandatory and is amended to read:
5.303.5 Dual plumbing. New buildings and facilities shall be dual plumbed for potable
and recycled water systems for toilet flushing when recycled water is available. All
building projects for which CPAU recycled water service is available must install dual
Plumbing and use recycled water for toilet and urinal flushing when the building area is
greater than 10,000 square feet or where installation of 25 or more toilets and urinals is
proposed. All projects for which CPAU recycled water service is not yet available must
install dual plumbing for use of recycled water for toilet and urinal flushing when the
building area exceeds 100,000 square feet or where installation of 100 or more toilets
and urinals is proposed.
16.14.310 Reserved.
16.14.320 Reserved.
16.14.330 Reserved.
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16.14.340 Reserved.
16.14.350 Section 5.304.5 Potable water elimination.
Section 5.304.5 Potable water elimination is adopted as mandatory and amended to read:
5.304.5 Potable water elimination. Recycled water infrastructure for irrigation systems
is required for all projects for which CPAU recycled water service is available. All projects
for which CPAU recycled water service is not yet available must install recycled water
infrastructure for irrigation when the landscape area exceeds 1,000 square feet.
Dedicated irrigation meters are to be installed in all new construction and rehabilitated
landscapes when the landscape is greater than 1,000 square feet.
16.14.360 Section 5.304.6 Invasive species prohibited.
Section 5.304.6 is added as mandatory to read:
5.304.6 Invasive species prohibited. All nonresidential new construction, additions, and
alterations shall not install invasive species in a landscape area of any size.
16.14.365 Section 5.305.1 Non-residential enhanced water budget.
Section 5.305.1 Non-residential enhanced water budget is added as mandatory to read:
5.305.1 Non-residential enhanced water budget. Non-residential buildings anticipated
to use more than 1,000 gallons of water a day shall complete an Enhanced Water
Budget Calculator as established by the Chief Building Official.
16.14.370 Section A5.408 Construction Waste, Reduction, Disposal and Recycling.
Section A5.408.3.1.1 Enhanced Construction Waste Reduction is adopted at Tier 2 (80%
construction waste reduction) as a mandatory requirement for all nonresidential construction,
including new construction, additions, and alterations, as long as the construction has a
valuation exceeding $25,000. Nonresidential projects with a lower valuation shall remain
subject to California Green Building Code Chapter 5 mandatory requirements.
16.14.380 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 Energy STAR portfolio manager is added as mandatory to read:
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5.410.4.6 Energy STAR portfolio manager. All nonresidential projects exceeding
$100,000 valuation must provide evidence of an Energy STAR Portfolio Manager project
profile prior to Permit Issuance, acquire an Energy STAR Portfolio Manager Rating, and
submit the rating to the City of Palo Alto once the project has been occupied after 12
months.
16.14.390 Section 5.410.4.7 Performance reviews – energy.
Section 5.410.4.7 Performance reviews - energy is added to read:
5.410.4.7 Performance reviews – energy. All projects over 10,000 square feet. The City
reserves the right to conduct a performance review, no more frequently than once
every five years unless a project fails review, to evaluate the building's energy use to
ensure that resources used at the building and/or site do not exceed the maximum
allowance set forth in the rehabilitation or new construction design. Energy use reviews
may be initiated by the Building Division or as a coordinated effort between the City's
Utilities Department and/or its designated contractors. Following the findings and
recommendations of the review, the City may require adjustments to the energy usage
or energy-using equipment or systems if the building is no longer compliant with the
original design. Renovation or rehabilitation resulting from such audit activity shall be
considered a project, and shall be subject to applicable documentation submittal
requirements of the City. This section is effective only for those projects for which a
building permit was issued after January 1, 2009.
16.14.400 Section 5.410.4.8 Performance reviews – water.
Section 5.410.4.8 Performance reviews - water is added to read:
5.410.4.8 Performance reviews – water. All sites greater than one acre: The City
reserves the right to conduct performance reviews, no more frequently than once every
five years unless a project fails review, to evaluate water use to ensure that resources
used at the building and/or site do not exceed a maximum allowance set forth in the
rehabilitation or new construction design. Water use reviews may be initiated by the
Building Division, or as a coordinated effort between the City's Utilities Department and
the Santa Clara Valley Water District (SCVWD), or as part of SCVWD's established water
conservation programs. Following the findings and recommendations of the review, the
City may require adjustments to irrigation usage, irrigation hardware, and/or landscape
materials to reduce consumption and improve efficiency. Renovation or rehabilitation
resulting from such audit activity shall be considered a project, and shall be subject to
applicable documentation submittal requirements of the City.
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16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is added as mandatory and
amended to read:
A4.106.8 Electric Vehicle (EV) Charging for Residential Structures. Newly constructed
single family and multifamily residential structures, including residential structures
constructed as part of a mixed use development, shall comply with the following
requirements for electric vehicle supply equipment (EVSE). All parking space calculations
under this section shall be rounded up to the next full space. The requirements stated
in this section are in addition to those contained in Section 4.106.4 of the California
Green Building Standards Code. In the event of a conflict between this section and
Section 4.106.4 of the California Green Building Standards Code, the more robust EV
Charging requirements shall prevail.
A4.106.8.1 Definitions. For the purposes of this section, the following
definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install a
208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring with
capacity to accommodate a 100 ampere circuit; terminating in (3) a listed
cabinet, box, enclosure, or NEMA receptacle. The raceway shall be installed
so that minimal removal of materials is necessary to complete the final
installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole circuit
breaker; (3) raceway with capacity to accommodate 100-ampere circuit; (4)
50 ampere wiring; terminating in (5) a 50 ampere NEMA receptacle in a
covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
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A4.106.8.2 Single Family Residences. The following standards apply to newly
constructed detached and attached single family residences.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each residence.
(b) Location. The proposed location of a charging station may be internal or
external to the dwelling, and shall be in close proximity to an on-site parking
space consistent with City guidelines, rules, and regulations.
A4.106.8.3 Multi-Family Residential Structures. The following standards apply
to newly constructed residences in a multi-family residential structure, except as
provided in section A4.106.8.4.
(a) Resident parking. The property owner shall provide at least one EVSE-Ready
Outlet or EVSE Installed for each residential unit in the structure.
(b) Guest parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed, for at least 25% of guest parking spaces, among
which at least 5% (and no fewer than one) shall be EVSE Installed.
(c) Accessible spaces. Projects shall comply with the 2016 California Building
Code requirements for accessible electric vehicle parking.
(d) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official, to support a
Level 2 EVSE in every location where Circuit Only, EVSE-Ready Outlet or
EVSE Installed is required.
(e) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. In addition, if parking is deed-restricted to individual residential units,
the EVSE or receptacles required by subsection (a) shall be located such that
each unit has access to its own EVSE or receptacle. Location of EVSE or
receptacles shall be consistent with all City guidelines, rules, and
regulations.
A4.106.8.4 Exception – Multi-Family Residential Structures with Individual,
Attached Parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each newly constructed residence in a multi-family
residential structure featuring: (1) a parking space attached to the residence; and
NOT YET APPROVED
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(2) a shared electrical panel between the residence and parking space (e.g., a
multi-family structure with tuck-under garages).
16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures.
Section A5.106.5.3 of the California Green Building Standards Code is added as mandatory and
amended to read:
A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures. New non-
residential structures shall comply with the following requirements for electric vehicle
supply equipment (EVSE). All parking space calculations under this section shall be
rounded up to the next full space. The requirements stated in this section are in
addition to those contained in Section 5.106.5.3 of the California Green Building
Standards Code. In the event of a conflict between this section and Section 5.106.5.3,
the more robust EV Charging requirements shall prevail.
A5.106.5.3.1 Definitions. For the purposes of this section, the following
definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install at
least a 208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring
with capacity to accommodate a 100 ampere circuit; terminating in (3) a
listed cabinet, box, enclosure, or NEMA receptacle. The raceway shall be
installed so that minimal removal of materials is necessary to complete the
final installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install at least a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole
circuit breaker; (3) raceway with capacity to accommodate a 100-ampere
circuit; (4) 50 ampere wiring; terminating in (5) a 50 ampere NEMA
receptacle in a covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
NOT YET APPROVED
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A5.106.5.3.2 Non-Residential Structures Other than Hotels. The following
standards apply newly constructed non-residential structures other than hotels.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 25% of parking spaces, among which at
least 5% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2016 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official, to support a
Level 2 EVSE in every location where Circuit Only, EVSE-Ready Outlet or
EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
A5.106.5.3.3 Hotels. The following standards apply newly constructed hotels.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 30% of parking spaces, among which at
least 10% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2016 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official, to support a
Level 2 EVSE in every location where Circuit Only, EVSE-Ready Outlet or
EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
SECTION 2. The Council adopts the findings for local amendments to the California
Green Building Standards Code, 2016 Edition, attached hereto as Exhibit “A” and incorporated
herein by reference.
NOT YET APPROVED
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SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. 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 5. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
NOT YET APPROVED
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160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.14 Green Building Stds Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO
CALIFORNIA GREEN BUILDING STANDARD CODE, 2016 EDITION
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, including amendments made only for administrative consistency, do not require
findings.
Code: Cal Green
Section Title Add Deleted Amended Justification (See
below for keys)
301 Voluntary tiers added C & E
303.1.2 Cumulative Construction C & E
4.105 Deconstruction Survey C & E
4.304 Outdoor Water Use C
5.105.1 Salvage E
5.106.1.1 Local ordinance C
5.106.8 Light pollution reduction E
5.303.5 Dual Plumbing C
5.304.5 Potable Water Elimination C
5.304.6 Invasive Species E
5.305.1 Non-residential enhanced water
budget
C
5.410.4.6 Energy STAR portfolio manager C & E
5.410.4.7 Performance reviews – energy C & E
5.410.4.8 Performance reviews – water C & E
702.2 Special Inspection E
Appendix A4 Residential Voluntary Measures C & E
Appendix A5 Non-Residential Voluntary Measures C & E
NOT YET APPROVED
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160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.14 Green Building Stds Code
Key to Justification for Amendments to Title 24 of the California Code of
Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during
the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry
weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the hills within the City create
hazardous conditions for which departure from California Building Standards Code is required.
Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level,
including in San Francisco Bay, that could put at risk Palo Alto homes and
businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped
Flood Hazard areas of the City. Energy efficiency is a key component in reducing GHG emissions, and
construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG emissions that
contribute to climate change. The burning of fossil fuels used in the generation of electric power and heating
of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco
Bay, that could put at risk Palo Alto homes and businesses 1 public facilities, and Highway 101. Due to
decrease in annual rain fall, Palo Alto experiences the effect of drought and water saving more than some
other communities in California.
E Green building enhances the public health and welfare by promoting the environmental and economic health
of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites
by incorporating green practices into all development. The green provisions in this Chapter are designed to
achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Increase water and resource conservation;
(c) Reduce waste generated by construction and demolition projects;
(d) Provide durable buildings that are efficient and economical to own and operate;
( e) Promote the health and productivity of residents, workers, and visitors to the city;
(f) Recognize and conserve the energy embodied in existing buildings;
(g) Encourage alternative transportation; and
(h) Reduce disturbance of natural ecosystems.
G This amendment is justified on the basis of a local geological condition. The City of Palo Alto is subject to
earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula,
then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San
Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along
the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time. Thus, because the City is
within a seismic area which includes these earthquake faults, the modifications and changes cited herein are
designed to better limit property damage as a result of seismic activity and to establish criteria for repair of
damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which makes timely
response by fire suppression vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a
natural receptor for storm and waste water run-off. Also the City of Palo Alto is located in an area that is
potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff
to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the
City create hazardous conditions for which departure from California Building Standards Code is warranted.
NOT YET APPROVED
1
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.08 Plumbing Code
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, 2016 Edition, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.08 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety and adopting a new Chapter 16.08 to read as follows:
16.08 CALIFORNIA PLUMBING CODE
16.08.010 2016 California Plumbing Code adopted.
The California Plumbing Code, 2016 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.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2013, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2016. Ordinance No. 5219 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Mechanical Code" or "Mechanical Code" are used in this code
or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to
the California Mechanical Code, 2016 Edition, as adopted by this Chapter. One copy of the
California Plumbing Code, 2016 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 2016 California Plumbing Code Appendix Chapters adopted.
The following Appendix Chapters of the California Plumbing Code, 2016 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
//
NOT YET APPROVED
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.08 Plumbing Code
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, 2016 Edition, in order to facilitate reference and comparison to those
provisions.
16.08.040 Violations -- Penalties.
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this code. Each separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable as provided in this section.
16.08.050 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)
building inspection supervisor; and (3) code enforcement officer.
16.08.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Plumbing Code, 2016 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.08.070 Section 306.3 Palo Alto Sewer Use.
Section 306.3 is added to the California Plumbing Code to read:
306.3 Palo Alto Sewer Use. 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.
16.08.080 Reserved.
16.08.090 Section 701.1, Part 4 Materials.
Section 701.1, Part 4 of the California Plumbing Code is amended to read:
NOT YET APPROVED
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.08 Plumbing Code
701.1 (4) Copper, copper alloys, lead and lead alloys, including brass, shall
not be used for building sanitary sewer systems except for domestic
waste sink traps and short lengths of associated connecting pipes
where alternate materials are not practical.
Where permitted by the building official, copper tube for drainage and
vent piping shall have a weight of not less than that of copper drainage
tube type DWV.
16.08.100 Table 701.1 Materials for Drain, Waste, Vent Pipe and Fittings.
Footnote 1 is amended to Table 701.1 to read as follows:
1 For limitations on the use of Brass and Copper (Type DWV) refer to Section 701.1, Part 4.
16.08.110 Section 710.1 Backflow Protection.
Section 710.1 of the California Plumbing Code is amended to read:
710.1 Backflow Protection. Fixtures installed on floor levels that are considered
ground level or lower shall be protected from backflow of sewage by installing an
approved type of backwater valve. Fixtures on such floor levels that are considered
second floor or higher shall not discharge through the backwater valve. Cleanouts
for drains that pass through a backwater valve shall be clearly identified with a
permanent label stating “backwater valve downstream”. Backflow protection shall
be installed under the following conditions:
1. All new construction
2. On remodels where plumbing fixtures are added to the property, and/or
more than fifty percent of the structure is being remodeled.
3. When any replacement or repair is made to the sanitary sewer lateral.
4. When property has been damaged by the blockage of the city sanitary
sewer main.
5. On all structures where a pump is used to lift sewage to the sanitary sewer
lateral and city sanitary sewer main. The backflow relief device shall be
located to protect the structure from damage in the event the pump is
pumping against a closed backflow device.
6. Buildings where the elevation of any floor is at or below the invert of the
city sanitary sewer main, or where a condition may exist where a plug in the
city sanitary sewer main will cause the hydraulic grade line to rise above the
lowest floor level.
Failure of the owner to install a backflow prevention device for or as a result of any
of the above conditions shall relieve the city of any and all responsibilities for any
and all subsequent damage caused by sanitary sewer overflows.
NOT YET APPROVED
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16.08.120 Reserved.
16.08.130 Section 719.7 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 lateral and an approved fitting shall be used to bring
the cleanout riser to grade. Where sewer cleanouts are to be connected to
existing city laterals, such connections shall be accomplished by use of an
approved fitting.
16.08.140 Section 808.2 Cooling Water.
Section 808.2 of the California Plumbing Code is added to read:
808.2 Single Pass Cooling Water Systems Prohibited. Clean running water used
exclusively as a cooling medium in an appliance, device, or apparatus is prohibited.
16.08.160 Section 1014.1.3 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.
16.08.170 Section 1101.3 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 not
less than six (6) 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 and IS 9.
Except for individual single-family dwelling units, materials exposed within ducts or
plenums shall have a flame-spread index of a maximum of twenty-five (25) and a
smoke-developed index of a maximum of fifty (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 UL 723.).
ABS or PVC installations are limited to not more than two stories of areas of
residential accommodation.
NOT YET APPROVED
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16.08.180 Section 1105.1.2 Roof Drains (Materials).
Section 1105.1.2 of the California Plumbing Code is amended to read:
1105.1.2 Roof drains and conductor/leader’s shall be of cast iron, plastic or other
approved materials.
SECTION 2. The Council adopts the findings for local amendments to the
California Plumbing Code, 2016 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 commencement of the thirty-
first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
NOT YET APPROVED
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.08 Plumbing Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO
CALIFORNIA PLUMBING CODE, 2016 EDITION
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,
including amendments made only for administrative consistency, do not require findings.
Code: CPC
Section Title Add Deleted Amended Justification
(See below for
keys)
306.3 Palo Alto Sewer Use C
701.1, Part4 Materials T
Table 701.1 Materials for Drain, Waste, vent
Pipe and Fittings
T
710.1 Backflow Protection T
719.7 Cleanouts T & G
808.2 Cooling Water C & T
1014.1.3 Food Waste Disposal Units and
Dishwashers
T
1101.3 Material Uses G T
1105.1.2 Roof Drains (Materials) T
Appendix A Recommended Rules for Sizing the
Water Supply System
C & T
NOT YET APPROVED
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.08 Plumbing Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to the
public health and welfare in the City. The hot, dry weather frequently results in wild
land fires on the brush covered slopes west of Interstate 280. The aforementioned
conditions combined with the geological characteristics of the hills within the City
create hazardous conditions for which departure from California Building Standards
Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of
Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas
fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter
of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then
offshore at Daly City near Mussel Rock. This is the approximate location of the
epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault.
This fault is about 74 mi long, situated mainly along the western base of the hills
on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time.
Thus, because the City is within a seismic area which includes these earthquake
faults, the modifications and changes cited herein are designed to better limit
property damage as a result of seismic activity and to establish criteria for repair
of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access,
which makes timely response by fire suppression vehicles difficult. Palo Alto is
contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition consists
mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The
aforementioned conditions within the City create hazardous conditions for which
departure from California Building Standards Code is warranted.
NOT YET APPROVED
1
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cycle) ORD Amending Ch 16.06 Residential Code
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing
Chapter 16.06 of the Palo Alto Municipal Code and Amending Title
16 to Adopt a New Chapter 16.06, California Residential Code,
2016 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.06 of Palo Alto Municipal Code is hereby amended by
repealing the Chapter in its entirety and adopting a new Chapter 16.06 to read as follows:
16.06.010 2016 California Residential Code adopted.
The California Residential Code, 2016 Edition, Title 24, Part 2.5 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.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2013, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2016. Ordinance No. 5218 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Residential Code" or "Residential Code" are used in this code
or any ordinance of the city, such phrases shall be deemed and construed to refer and apply to
the California Residential Code, 2016 Edition, as adopted by this Chapter.
One copy of the California Residential Code, 2016 Edition, has been filed for use and examination
of the public in the Office of the Building Official of the City of Palo Alto.
16.06.020 2016 California Residential Code Appendix Chapters adopted.
The following Appendix Chapters of the California Residential Code, 2016 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 H – Patio Covers
B. Appendix K – Sound Transmission
C. Appendix V – Swimming Pool Safety Act
ATTACHMENT D
NOT YET APPROVED
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cycle) ORD Amending Ch 16.06 Residential Code
16.06.030 Cross - References to California Residential Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Residential Code, 2016 Edition, in order to facilitate reference and comparison to those
provisions.
16.06.040 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement is
amended with the following language:
Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement
The responsibility for enforcement of building standards adopted by the State Fire
Marshal and published in the California Building Standards Code relating to fire and panic
safety and other regulations of the State Fire Marshal shall, except as provided in Section
1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city, county or city and county, or an
authorized representative and;
1.2. The chief building official of the city, county or city and county, or an
authorized representative.
16.06.050 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.
When the building official determines that a violation of this chapter or chapters 16.04, 16.05,
16.08, 16.14, 16.16 or 16.17 of this code has occurred, he/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.
16.06.060 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
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violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; and (3) code enforcement officer.
16.06.070 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Residential Code, 2016 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.06.080 Reserved.
16.06.090 Section R105.1.2 Demolition permits is added to read:
Section R105.1.2 Demolition Permits. In addition to other requirements of law, every
person seeking a permit to demolish 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.
16.04.100 Section R105.5 Expiration is amended to read:
R105.5 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. The
chief 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;
1) that the construction documents be revised to partially or fully
comply with current codes, and
2) payment of a fee.
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 suspension of the work.
16.06.110 Section R108.5 Refunds is amended to read:
R108.5 Refunds. The building official or permit center manager may authorize the
refund of any fee paid hereunder which was erroneously paid or collected. The building
official or permit center manager may authorize the refund of not more than eighty
percent (80%) of the permit fee paid when no work has occurred under a permit issued
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pursuant to this Chapter. The building official or permit center manager may authorize
the refund of not more than eighty percent (80%) of the Plan Review Fee paid when a
permit application is withdrawn or canceled before any plan review work has started.
16.06.120 Section R109.1.3 Floodplain Inspection is amended to read:
R109.1.3 Floodplain Inspections. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by city building inspection.
16.06.130 Section R109.5 Re-Inspection Fees Assessed/Authorized is added to read:
R109.5 Re-Inspection Fees. A Re-Inspection Fee may be assessed/authorized by the
building official or building inspection supervisor for each re-inspection required when
work for which an inspection is requested is not ready for inspection or when required
corrections noted during prior inspections have not been completed. A “Re-Inspection
Fee” may be assessed/authorized when;
1. The inspection record card is not posted or otherwise available on the work site,
2. The approved plans are not readily available for the inspector at the time of
inspection,
3. The inspector is unable to access the work at the time of inspection, or;
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.06.140 Section R110.1 Use and Occupancy is amended to read:
R110.1 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.
Exception: Certificates of occupancy are not required for work exempt from
permits under Section 105.2:
1. Group R - Division 3 occupancies
2. Group U occupancies
16.06.150 Section R202 amended – Definitions added.
Section R202 of the California Residential Code is amended to include the following definitions:
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DUAL SENSOR PHOTOELECTRIC/IONIZATION SMOKE DETECTOR OR ALARM. A
smoke alarm or detector that utilizes both photoelectric and ionization methods
in a single device.
DUAL SENSOR CARBON MONOXIDE AND SMOKE ALARM. A combination carbon
monoxide and smoke alarm or detector that senses both smoke and CO in a single
device.
PHOTOELECTRIC SMOKE DETECTOR OR ALARM. A smoke alarm or detector that
uses a light-source to detect the presence of smoke.
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, or other areas designated by the enforcing agency to be
at a significant risk from wildfires. 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.
16.06.160 Table 301.2(1) Climatic and Geographic Design Criteria: Section Table 301.2(1)
of the California Residential Code is added to read:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
Speed
(mph)
Topographic
effects
Weathering Frost
line
depth
Termite
0 85 No D1 thru E Negligible 5” Very High
WINTER
DESIGN
TEMP.
(OF)
ICE BARRIER
UNDERLAYEMENT
REQUIRED
FLOOD
HAZARDS
AIR
FREEZING
INDEX
MEAN
ANNUAL
TEMP.
(OF)
40 No See
Footnotes
n thru p
0 55
n The City of Palo Alto entered National Flood Insurance Program in 1979.
o The effective date of the current Flood Insurance Study and Flood Insurance Rate Map is May 18, 2009.
p The panel numbers and dates of all currently effective FIRMs and FBFMs: 06085CIND0A, 06085C0010H,
06085C0015H through 06085C0019H, 06085C0030H, 06085C0036H , 06085C0038H , 06085C0180H ,
06085C0185H ( May 18, 2009 for all)
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16.06.170 Section R310.2.3.3 Window Well Fall Protection: Section R310.2.3.3 of the
California Residential Code is added to read:
R310.2.3.3 Window Well Fall Protection. Window wells with a vertical depth greater
than 30 inches shall have guards on all sides. The guards shall be provided in accordance
with Section R312.1. Openings shall comply with Section R312.1.3. Access ladder shall
comply with Section R310.2.1 and shall extend from the bottom of the well to the top of
the guard.
16.06.180 Section R310.4.1 Security Bars: Section R310.4.1 of the California Residential
Code is added to read:
R310.4.1 Security Bars. Fire Department plan check review and approval of all security
bar submittals shall be required prior to the issuance of a Building Permit.
16.06.190 Section R313.2 One- and two-family dwellings automatic fire sprinkler
systems. Section R313.2 of the California Residential Code is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems.
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 903.2.18 and as follows,
whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New residential occupancies, buildings or structures
that do not exceed 350 square feet of building area.
2. An automatic sprinkler system shall be provided for all existing buildings
or structures where modifications have been determined by the Building
Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that create an increase
in fire area to more than 3600 square feet or when the addition is equal
or greater than 50% of the existing building square footage whichever is
more restrictive.
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4. An automatic sprinkler system shall be provided throughout all new
basements regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition is
only the basement, then only the basement is required to be fire
sprinkler protection.
5. An automatic sprinkler system shall be installed throughout when either
the roof structure or exterior wall structure have been removed and/ or
replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
16.04.193 Section R313.1.1 – Design and installation
Section R313.1.1 of the California Residential Code is amended to read as follows:
R313.1.1 Design and installation. Where allowed, automatic sprinkler systems
installed in townhouses shall be installed throughout in accordance with NFPA
13D and State and local standards.
16.04.195 Section R313.2.1 – Design and installation
Section R313.2.1 of the California Residential Code is amended to read as follows:
R313.2.1 Design and installation. R313.2.1 Design and installation. Where
allowed, automatic sprinkler systems installed in one-and two-family detached
dwellings shall be installed throughout in accordance with NFPA 13D and Stat
and local standards.
16.06.200 Section R314.1– Smoke detection and notification.
Section R314.1 of the California Residential Code is amended to read:
R314.1 Smoke detection and notification. Listed single- and multiple-station
smoke alarms complying with UL 217 shall be installed in accordance with the
California Fire Code Sections 907.2.11.1 through 907.2.11.5 and manufacturer’s
installation and use instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or
subject to the provisions of the Health and Safety Code, they shall also be listed
and approved for rapid response to smoldering synthetic materials. All smoke
alarms or detectors shall be of the photoelectric type or shall have equivalent
detection capabilities in compliance with UL 217.
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Exception: A combination photoelectric/ionization smoke alarm or
detector may be used if located no closer than 20 feet to a kitchen,
bathroom, fireplace or woodburning stove.
16.06.205 Section R319.1 Address Numbers.
The following subsections are added to Section R319.1 of the California Residential Code:
R319.1.1 Address illumination. Address identification required by Section
R319.1 shall be illuminated.
R319.1.2 Address identification size. Address numbers and letters shall be sized
as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.06.210 Section R322.1 – General.
The following paragraph is added to Section R322.1 of the California Residential Code:
Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of this
section, all construction or development within a flood hazard area (areas
depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published
by the Federal Emergency Management Agency) shall comply with the City of
Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52).
Where discrepancies exist between the requirements of this code and said
regulations, the provisions of said regulations shall apply.
16.06.220 Section R327.1.5 Vegetation management compliance. Section
R327.1.5 of the California Residential Code is amended to read:
R327.1.5 Vegetation management compliance. Prior to building permit final approval,
the property shall be in compliance with the vegetation management requirements
prescribed-in California Fire Code section 4906, including California Public Resources
Code 4291 or California Government Code Section 51182. Acceptable methods of
compliance inspection and documentation shall be determined by the enforcing agency
and may include any of the following:
1. Local, state, or federal fire authority or designee authorized to enforce vegetation
management requirements.
2. Enforcing agency - City of Palo Alto Fire Inspection shall inspect the aforementioned
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requirements and indicate compliance prior to building division final inspection sign-
off.
3. Third party inspection and certification authorized to enforce vegetation
management requirements.
4. Property owner certification authorized by the enforcing agency.
16.06.230 Section R403.1.3 Seismic Reinforcing. Section R403.1.3 of the California
Residential Code is amended to read:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0,
D1 and D2, as established in Table R301.2.2.1.1 , shall have minimum reinforcement of at
least three continuous longitudinal reinforcing bars, one top and two bottom and not
smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches
(76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1 and D2 where a construction joint is created
between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3
inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a
minimum of 14 inches (357 mm) into the stem wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is
supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3
inches (76 mm) clear of the bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
16.06.240 Section R403.1.8 – Foundations on expansive soils.
Section R403.1.8 of the California Residential Code is amended to read:
R403.1.8 Foundations on expansive soils. Foundations and floor slabs for
buildings located on expansive soils shall be designed in accordance with Section
1808.6 or Table 1809.7 of the California Building Code.
Table 1809.7 of the California Building Code is added and amended to read:
//
//
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TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported
by the
Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies
8 12 8 12
a) The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
b) Interior stud-bearing walls shall be permitted to be supported by
isolated footings. The footing width and length shall be twice the width
shown in this table, and footings shall be spaced not more than 6 feet
on center.
c) See Section 1905 of California Building Code for additional
requirements for concrete footings of structures assigned to Seismic
Design Category C, D, E or F.
d) 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 two
bars are required.
e) Footings shall be permitted to support a roof in addition to the
stipulated number of floors. Footings supporting roof only shall be as
required for supporting one floor.
16.06.245 Section R504.3.1 Projections exposed to weather.
Section R504.3.1 of the California Residential Code is amended to read:
R504.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall
be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant
(e.g. galvanized) steel, or similar approved materials.
//
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16.06.250 Table R602.10.3(3) – Bracing Requirements Based on Seismic Design Category.
Footnote e is added to Table R602.10. 3(3) to read as follows:
e. In Seismic Design Categories D0, D1 and D2, Methods GB and PCP are not permitted.
16.06.253 Section R703.8.5.1 Locations.
Section R703.8.1 of the California Residential Code is added to read:
R703.8.5.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.06.255 Section R806.6 Ventilation of weather-exposed enclosed assemblies.
Section R806.6 of the California Residential Code is added to read:
R806.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting elements
and appurtenances exposed to the weather and sealed underneath, including but not
limited to balconies, landings, decks, and stairs, shall have cross ventilation for each
separate enclosed space by ventilation openings protected against the entrance of rain and
snow. Blocking and bridging shall be arranged so as not to interfere with the movement of
air. The net free ventilating area shall not be less than 1/150th of the area of the space
ventilated. Ventilation openings shall comply with Section R806.1 . An access panel of
sufficient size shall be provided on the underside of the enclosed space to allow for
periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
2. Removable soffit vents 4 inches minimum in width can be used to satisfy both
ventilation and access panel requirements.
16.06.260 Section R902.1.4 – Roofing requirements in a Wildland-Urban Interface Fire Area.
Section R902.1.4 of the California Residential Code is amended to read:
R902.1.4 Roofing requirements in a Wild Land-Urban Interface Fire Area. The
entire roof covering on new structures and existing structures on which more
than 50 percent of the total roof area is replaced within any one-year period,
and any roof covering applied in the alteration, repair or replacement of roofs on
existing structures, 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 R327.5.
//
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16.06.270 Section R1003.9.2.1 – Repairs, replacements and alterations.
Section R1003.9.2.1 is added to the California Residential Code to read:
R1003.9.2.1 Repairs, replacements and alterations. When any repair,
replacement or alteration to the roof of an existing structure is performed, a
spark arrester shall be installed on the existing chimney in accordance with
Section R1003.9.2.
SECTION 2. The Council adopts the findings for local amendments to the
California Residential Code, 2013 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:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA RESIDENTIAL CODE (CRC)
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.
Code: CRC
Section Title Add Deleted Amended Justification
(See below for
keys)
R 202 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
T
Table R301.2(1) Climatic and Geographic Design
Criteria
C, G, T
R310.2.3.3 Window Well Fall Protection T
R 310.4.1 Security Bars T
R313.1.1 Design and installation T
R 313.2 One and Two Family Dwellings
Automatic Spr. Syst.
T
R313.2.1 Design and installation T
R313.3.1.1 Required sprinkler locations T
R 314.1 Smoke Detection and Notification C, T
R 319.1 Address Identification T
R 322.1 Flood Hazard Regulations T
R 327.1.5 Vegetation Management
Compliance
T
R403.1.3 Seismic Reinforcing G
R 403.1.8 Foundation on expansive Soils G, T
R 504.3.1 Projections exposed to weather G, T
Table R602.10.3(3) Bracing Requirements Based on
Seismic Design Category
G
R 703.8.5.1 Flashing Locations T
R 806.6 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
R902.1.4 Roofing Requirements in Wildland-
Urban Interface Fire Area
T
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R1003.9.2.1 Repairs, Replacements and
Alterations
T
Appendix H Patio Covers C
Appendix K Sound Transmission C
Appendix V Swimming Pool Safety Act C, G
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and
welfare in the City. The hot, dry weather frequently results in wild land fires on the brush
covered slopes west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous conditions for which
departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the
San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. Also the
City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a
major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is
highly plastic and expansive in nature. The aforementioned conditions within the City create
hazardous conditions for which departure from California Building Standards Code is
warranted.
NOT YET APPROVED
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160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.16 Electrical Code
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, 2016 Edition, and
Local Amendments and Related Findings
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 16.16 and adopting a new Chapter 16.16 to read as follows:
16.16 CALIFORNIA ELECTRICAL CODE
16.16.010 2016 California Electrical Code adopted.
The California Electrical Code, 2016 Edition, Title 24, Part 4 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2013, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2016. Ordinance No. 5221 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Electrical Code" or "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 California Electrical Code, 2016 Edition, as adopted by this Chapter.
One copy of the California Electrical Code, 2016 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 2016 California Electrical Code Annex Chapters adopted.
The following Annex Chapters of the California Electrical Code, 2016 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. Annex B – Application Information for Ampacity Calculations
B. Annex C – Conduit and Tubing Fill Tables for Conductors and Fixture Wires of the
Same Size
C. Annex I – Unit Recommended Tightening Torque Tables from UL Standard 486A-B
ATTACHMENT E
NOT YET APPROVED
2
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.16 Electrical Code
16.16.030 Cross - References to California Electrical Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Electrical Code, 2016 Edition, in order to facilitate reference and comparison to those
provisions.
16.16.040 Section 89.102.2.3 Third Party Field Evaluation.
Section 89.102.2.3 is added to read:
89.102.2.3 Third-Party Field Evaluation. City of Palo Alto approved applications for
Third-Party Field Evaluators shall be submitted for each project submitting evaluation
reports on Electrical Systems and others as required for these types of reports.
Educational background, training experience, professional licenses, registrations or
certificates, and other applicable qualifications for each key personnel shall include
information as required and defined in NFPA 790 and 791 including but not limited to:
a. Technical Manager, direct Supervisor of FEB operations, and individual(s)
managing the management system, minimum competency for personnel
completing Field Evaluation projects, including educational background,
experience, training, and professional registration.
b. Provide information on the basic evaluation process to the building official
in determining the adequacy and completeness of submitted evaluations
and evaluation reports.
16.16.050 Section 110.13 Mounting and Cooling of Equipment.
Section 110.13 (A) (1) is added to read:
110.13 (A) (1) Slab-On-Grade Supporting Electrical Equipment. When electrical
equipment is proposed to be installed, including temporary electrical for construction,
in locations where the deleterious effects of the environment may create adverse
maintenance issues with ground mounted electrical equipment a concrete slab-on-
grade shall be installed to elevate, protect, and attach equipment to per City of Palo
Alto Electrical Utilities Standards or approved engineering design.
16.16.060 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.
//
NOT YET APPROVED
3
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.16 Electrical Code
16.16.070 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: (1) chief building official; (2)
building inspection supervisor; and (3) code enforcement officer.
16.16.080 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Electrical Code, 2016 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
SECTION 2. The Council adopts the findings for local amendments to the
California Electrical Code, 2016 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.
//
//
//
//
//
//
//
//
//
//
//
NOT YET APPROVED
4
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.16 Electrical Code
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 Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
NOT YET APPROVED
5
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.16 Electrical Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA ELECTRICAL CODE, 2016
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such
local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections
17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the
uniform codes which were adopted by the City Council prior to November 23, 1970, and have
been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not
require findings.
Code: CEC
Section Title Add Justification
(See below for
keys)
110.13 (A) Mounting and Cooling of Equipment C
Annex B Application Information for Ampacity
Calculations
G
Annex C Conduit and Tubing Fill Tables for Conductors
and Fixture Wires of the Same Size
G
Annex I Unit Recommended Tightening Torque Tables
from UL Standard 486A-B
G
NOT YET APPROVED
6
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.16 Electrical Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to the
public health and welfare in the City. The hot, dry weather frequently results in wild
land fires on the brush covered slopes west of Interstate 280. The aforementioned
conditions combined with the geological characteristics of the hills within the City
create hazardous conditions for which departure from California Building Standards
Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of
Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas
fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter
of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then
offshore at Daly City near Mussel Rock. This is the approximate location of the
epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault.
This fault is about 74 mi long, situated mainly along the western base of the hills
on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time.
Thus, because the City is within a seismic area which includes these earthquake
faults, the modifications and changes cited herein are designed to better limit
property damage as a result of seismic activity and to establish criteria for repair
of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding
access, which makes timely response by fire suppression vehicles difficult. Palo
Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for
storm and waste water run-off. Also the City of Palo Alto is located in an area
that is potentially susceptible to liquefaction during a major earthquake. The
surface condition consists mostly of stiff to dense sandy clay, which is highly
plastic and expansive in nature. The aforementioned conditions within the City
create hazardous conditions for which departure from California Building
Standards Code is warranted.
NOT YET APPROVED
1
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-09-14 (2016 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.05 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.05, California Mechanical Code, 2016 Edition, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.05 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety 16.05 and adopting a new Chapter 16.05 to read as follows:
16.05 CALIFORNIA MECHANICAL CODE
16.05.010 2016 California Mechanical Code adopted.
The California Mechanical Code, 2016 Edition, Title 24, Part 4 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2013, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2016. Ordinance No. 5217 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Mechanical Code" or "Mechanical Code" are used in this code
or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to
the California Mechanical Code, 2016 Edition, as adopted by this Chapter. One copy of the
California Mechanical Code, 2016 edition, has been filed for use and examination of the public in
the Office of the Building Official of the City of Palo Alto.
16.05.020 2016 California Mechanical Code Appendix Chapters adopted.
The following Appendix Chapters of the California Mechanical Code, 2016 Edition, are adopted
and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully
set forth herein:
A.Appendix B – Procedures to be Followed to Place Gas Equipment in Operation
B.Appendix C – Installation and testing of Oil (Liquid) Fuel‐Fired Equipment
C.Appendix F – Sizing of Venting Systems
Attachment F
NOT YET APPROVED
2
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-09-14 (2016 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
16.05.030 Cross ‐ References to California Mechanical Code.
The provisions of this Chapter contain cross‐references to the provisions of the California
Mechanical Code, 2016 Edition, in order to facilitate reference and comparison to those
provisions.
16.05.040 Violations ‐‐ Penalties.
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this code. Each separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable as provided in this section.
16.05.050 Enforcement ‐‐ Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; and (3) code enforcement officer.
16.05.060 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross‐referenced
provisions of the California Mechanical Code, 2016 Edition, and shall be deemed to replace the
cross‐referenced sections of said Code with the respective provisions set forth in this Chapter.
SECTION 2. The Council adopts the findings for local amendments to the
California Mechanical Code, 2016 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.
//
//
//
NOT YET APPROVED
3
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-09-14 (2016 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
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 Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
NOT YET APPROVED
4
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-09-14 (2016 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA MECHANICAL CODE, 2016
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such
local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections
17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the
uniform codes which were adopted by the City Council prior to November 23, 1970, and have
been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not
require findings.
Code: CMC
Section Title Add Justification
(See below for
keys)
Appendix B Procedures to be Followed to Place Gas
Equipment in Operation
G
Appendix C Installation and testing of Oil (Liquid) Fuel‐Fired
Equipment
G
Appendix F Sizing of Venting Systems C
NOT YET APPROVED
5
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-09-14 (2016 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and
welfare in the City. The hot, dry weather frequently results in wild land fires on the brush
covered slopes west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous conditions for which
departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the
San Francisco Bay, resulting in a natural receptor for storm and waste water run‐off. Also the
City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a
major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is
highly plastic and expansive in nature. The aforementioned conditions within the City create
hazardous conditions for which departure from California Building Standards Code is
warranted.
NOT YET APPROVED
1
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
Ordinance No. ____
Adoption of an Ordinance Repealing Chapters 15.04 and 15.05 and
Reenacting Chapter 15.04 of the Palo Alto Municipal Code to Adopt the
2016 Edition of the California Fire Code, With Local Amendments and
Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 15 of the Palo Alto Municipal Code is hereby amended by repealing
in their entirety Chapters 15.04 and 15.05 and enacting a new Chapter 15.04 to read as follows:
15.04 CALIFORNIA FIRE CODE
15.04.010 Adoption of the California Fire Code.
The California Fire Code, 2016 Edition, as adopted by the California Code of Regulations Title
24, Part 9, and Appendices B, C, D, E, F, G, H, and K is adopted as herein amended. One copy
of the California Fire Code is on file and open to public inspection in the Office of the City
Clerk. Additional copies of the secondary codes set forth within the California Fire Code, and
the amendments set forth in this chapter, are on file and open to public inspection in the fire
department administrative office.
Whenever the phrase “California Fire Code” appears in this code or in any ordinance of the
city, such phrase shall be deemed and construed to refer to and apply to the “California Fire
Code, 2016 Edition” as adopted by the California Code of Regulations Title 24, Part 9 and as
adopted and amended by this chapter.
15.04.015 Section 102.5 amended – Application of residential code.
Section 102.5 of the California Fire Code is amended to read as follows:
102.5 Application of residential code. Where structures are designed and
constructed in accordance with the California Residential Code, the provisions
of this code shall apply as follows:
1.Construction and design provisions: Provisions of this code pertaining to
the exterior of the structure shall apply including, but not limited to,
premises identification, fire apparatus access and water
supplies. Provisions of this code pertaining to the interior of the structure
shall apply when specifically required by this code including, but not limited
to, Sections 903.2 through 903.3.7 and Section 907.2.10. Where interior or
exterior systems or devices are installed, construction permits required by
Section 105.7 of this code shall also apply.
2.Administrative, operational and maintenance provisions: all such
provisions of this code shall apply.
ATTACHMENT G
NOT YET APPROVED
2
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
TYPE OF GAS AMOUNT (cubic feet)2
X 0.0283 for m3
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gases) 200
Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
15.04.017 Section 103.2 deleted.
Section 103.2 of the California Fire Code is deleted.
15.04.020 Sections 105.3.9 and 105.3.10 added- Permits/Permit fees.
Sections 105.3.9 and 105.3.10 are added to the California Fire Code to read as follows:
105.3.9 Permits/Permit fees. All permit fees shall be established by the City
Council as set forth in the municipal fee schedule.
105.3.10 Operational Permits. Operational permits are valid for one year at
which time they must be renewed by paying a fee specified in the municipal
fee schedule.
15.04.030 Table 105.6.8 amended - Permit amounts for compressed gases.
Table 105.6.8 of the California Fire Code is amended to read as follows:
TABLE 105.6.8
PERMIT AMOUNTS FOR COMPRESSED GASES1
For SI: 1 cubic foot = 0.02832m3.
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and
exceptions. 2 Cubic feet measured at normal Temperature and pressure.
//
//
NOT YET APPROVED
3
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
15.04.040 Table 105.6.20 amended - Permit amounts for hazardous materials.
Table 105.6.20 of the California Fire Code is amended to read as follows:
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS1
TYPE OF MATERIAL
AMOUNT
Carcinogens 10 pounds
Combustible liquids See Section 105.6.16
Corrosive materials:
Gases
Liquids
Solids
See Section 105.6.8
55 gallons
500 pounds
Cryogens See Section 105.6.10
Explosive materials See Section 105.6.14
Flammable materials:
Gases
Liquids
Solids
See Section 105.6.8
See Section 105.6.16
10 pounds Highly toxic materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-IV
Liquids: Class V
Solids: Class I-IV
Solids: Class V
Any Amount
No Permit Required
Any Amount
No Permit Required
Oxidizing materials:
Gases Liquids
Solids:
504 Cubic Feet
Any amount
Any amount
Other health
Hazards:
Liquids
55 gallons
500 pounds Pyrophoric materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
NOT YET APPROVED
4
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
Radioactive materials:
Gases
Liquids
Solids
Any Amount
See Section 105.6.47
See Section 105.6.47
Toxic materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Unstable (reactive) materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Water reactive materials:
Liquids
Solids
Any amount
Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
a. 20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs
in accordance with Section 2703.5 are provided for quantities of 20 gallons or
less.
b. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification
signs in accordance with Section 2703.5 are provided for quantities of 200
pounds or less.
15.04.050 Sections 105.6.48 and 105.6.49 added – Permits required.
Sections 105.6.48 and 105.6.49 are added to the California Fire Code to read as follows:
105.6.48 Radioactive materials. To store or handle at any installation more
than one microcurie (37,000 becquerel) of radioactive material not contained
in a sealed source or more than 1 millicurie (37,000,000 becquerel) of
radioactive material in a sealed source or sources, or any amount of
radioactive material for which a specific licenses from the Nuclear Regulatory
Commission is required.
105.6.49 Day Care Permit. To operate a day care facility for more than six
children or adults.
15.04.060 Sections 105.7.19 and 105.7.20 added.
Sections 105.7.19 and 105.7.20 are added to the California Fire Code to read as follows:
105.7.19 Cryogenic fluids. Except where federal or state regulations apply and
except for fuel systems of the vehicle, to produce, store or handle cryogens in
NOT YET APPROVED
5
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
excess of the amounts listed in Table 105.6.10, to install a cryogenic vessel or
piping system for the storage or distribution of cryogens. See Chapter 32.
105.7.20 Underground Fire Service Lines, installation or modification. A
construction permit is required for the installation, modification or removal
from service of underground fire service lines. Maintenance performed in
accordance with this code that does not affect the pipe restraints nor have the
potential of introducing debris into the piping system is not considered to be a
modification and does not require a permit.
15.04.070 Sections 105.8.1 and 105.8.2 added – Fire and life safety.
Subsections 105.8.1 and 105.8.2 are added to the California Fire Code to read as follows: 105.8.1 Fire and life-safety plan review. Fire and life-safety plan review of all
new construction, all remodels, and all additions shall be performed by the
Fire Chief or his designee.
105.8.2 Site Map and Floor plans. The Fire Chief or fire code official may
require as a condition of final permit approval, a site map including the use of
standard or approved Palo Alto Fire Department symbols. Features would
include interior floor plans, on-site hydrant locations, FDC locations, key safe
locations, alarm panel locations, electrical panel locations, stairwell and
elevator locations, water shut off locations, hazardous materials locations, and
other significant design elements or fire service features. The site map is to be
provided in a format compatible with the City’s Geographic Information System
(GIS) at time of construction. This requirement applies to newly constructed
buildings, facilities where hazardous materials are used or stored in quantities
exceeding permit amounts in Section 105, additions or permitted remodels
when in the opinion of the fire code official a site map is warranted.
15.04.080 Section 105.9 added – Certified Unified Program Agency Fees.
Section 105.9 is added to the California Fire Code to read as follows:
105.9 Certified Unified Program Agency (CUPA) Fees. Pursuant to the
Participating Agency Agreement between the County of Santa Clara and the
City of Palo Alto dated July 1, 1997, or as amended, the Fire Department is
authorized to collect fees associated with the CUPA programs. The CUPA fees
will be collected on an annual basis or as specified in the Palo Alto Fire
Department Fee Schedule.
//
//
//
NOT YET APPROVED
6
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
15.04.090 Section 106.1 amended – Inspection authority.
Section 106.1 of the California Fire Code is amended to read as follows:
106.1 Inspection authority. The fire code official is authorized to inspect, as
often as necessary, buildings and premises, including such other hazards or
appliances designated by the fire code official for the purposes of ascertaining
and causing to be corrected any conditions which would reasonably tend to
cause fire or contribute to its spread, result in an unauthorized discharge of
hazardous materials, or any violation of this code or any other law or standard
affecting fire and life safety.
15.04.100 Section 109.1.2 added - Enforcement/citation authority.
Section 109.1.2 is added to the California Fire Code to read as follows: 109.1.2 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: Fire Chief,
Deputy Fire Chief, Fire Marshal, Fire Inspector, Hazardous Materials Specialist
and Hazardous Materials Inspector.
15.04.110 Section 109.3 amended – violations and penalties.
Section 109.3 of the California Fire Code is amended to read as follows:
Any person, firm or corporation violating any provision of this Title 15 shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
punished as provided in subsection (a) of Section 1.08.010 of the Palo Alto
Municipal Code. Each separate day or any portion thereof during which any
violation of the fire code occurs or continues shall be deemed to constitute a
separate offense, and upon conviction thereof shall be punishable as herein
provided.
15.04.120 Definitions added to section 202
The following definitions are added to Section 202 of the California Fire Code to read as
follows:
DEVICE. Device is, for the purpose of Exhibit “A,” an appliance or piece of
equipment that plays an active part in the proper functioning of the regulated
systems. Examples include, but are not limited to the following: smoke
detectors, heat detectors, flame detectors, manual pull stations, horns, alarms,
bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, control
NOT YET APPROVED
7
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 15.04 Fire Code
panels, transponders, and other such equipment used to detect, transmit,
initiate, annunciate, alarm, or respond according to the system design criteria.
DUAL SENSOR CARBON MONOXIDE AND SMOKE ALARM. A combination
carbon monoxide and smoke alarm or detector that senses both smoke and CO
in a single device.
CARCINOGEN. A carcinogen is a substance that causes the development of
cancerous growths in living tissue. A chemical is considered a carcinogen if:
1. It has been evaluated by the International Agency for Research on
Cancer and found to be a carcinogen or potential carcinogen, or
2. It is listed a s a carcinogen or potential carcinogen in the latest edition
of the Annual Report on Carcinogens published by the National
Toxicology program, or
3. It is regulated by OSHA as a carcinogen.
CONTINUOUS GAS DETECTION SYSTEM. A continuous gas detection system is
a gas detection system where the analytical instrument is maintained in
continuous operation and sampling is performed without interruption. Analysis
is allowed to be performed on a cyclical basis at intervals not to exceed 30
minutes. In occupied areas where air is re-circulated and not exhausted to a
treatment system (e.g. breathing zone), the fire code official may require a
cyclical basis at intervals not to exceed 5 minutes. The gas detection system
shall be able to detect the presence of a gas at or below the permissible
exposure limit in occupiable areas and at or below ½ IDLH (or 0.05 LC 50 if no
established IDLH) in unoccupiable areas.
CORROSIVE LIQUID. A corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause
destruction or irreversible alteration of such tissue by chemical action;
2. any liquid having a pH of 2 or less or 12.5 or more;
3. any liquid classified as corrosive by the U.S. Department of
Transportation; or
4. any material exhibiting the characteristics of corrosivity in accordance
with Title 22, California Code of Regulations §66261.22.
FALSE ALARM. The willful, knowing, or negligent initiation or transmission of a
signal, message, or other notification of an event of fire when no such danger
exists.
MODERATELY TOXIC GAS. A moderately toxic gas is a chemical or substance
that has a median lethal concentration (LC50) in air more than 2000 parts per
million but not more than 5000 parts per million by volume of gas or vapor,
when administered by continuous inhalation for an hour, or less if death occurs
within one hour, to albino rats weighing between 200 and 300 grams each.
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MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum threshold quantity is
the maximum quantity of a moderately toxic or toxic gas, which may be stored
in a single vessel before a more stringent category of regulation is applied. The
following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
MODERATELY TOXIC GAS. Moderately toxic gas is a chemical or substance that
has a median lethal concentration (LC50) in air more than 2000 parts per million
but not more than 5000 parts per million by volume of gas or vapor, when
administered by continuous inhalation for an hour, or less if death occurs within
one hour, to albino rats weighing between 200 and 300 grams each.
OTHER HEALTH HAZARD MATERIAL. Other health hazard material is a
hazardous material which affects target organs of the body, including but not
limited to, those materials which produce liver damage, kidney damage,
damage to the nervous system, act on the blood to decrease hemoglobin
function, deprive the body tissue of oxygen or affect reproductive capabilities,
including mutations (chromosomal damage), sensitizers or teratogens (effect on
fetuses).
PHOTOELECTRIC SMOKE DETECTOR OR ALARM. A smoke alarm or detector
that uses a light-source to detect the presence of smoke.
SECONDARY CONTAINMENT. Secondary containment is that level of
containment that is external to and separate from primary containment and is
capable of safely and securely containing the material, without discharge, for a
period of time reasonably necessary to ensure detection and remedy of the
primary containment failure.
SENSITIZER. A sensitizer is a chemical that causes a substantial proportion of
exposed people or animals to develop an allergic reaction in normal tissue after
repeated exposure to the chemical.
SMOKE DETECTOR OR ALARM. A smoke alarm or detector that uses a light-
source to detect the presence of smoke.
SPILL CONTROL. Spill control is that level of containment that is external to and
separate from the primary containment and is capable of safely and securely
containing the contents of the largest container and preventions the materials
from spreading to other parts of the room.
WILDLAND-URBAN INTERFACE FIRE AREA. Wildland-urban interface fire area is
a geographical area identified by the state as a “Fire Hazard Severity Zone” in
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accordance with the Public Resources Code Sections 4201 through 4204 and
Government Code Sections 51175 through 51189, or other areas designated by
the enforcing agency to be at a significant risk from wildfires. See Article 86B for
the applicable referenced sections of the Government Code and the Public
Resources Code. The Wildland-Urban Interface Fire Area shall be defined as all
areas within the City of Palo Alto as set forth and delineated on the map
entitled "Wildland-Urban Interface Fire Area” which map and all notations,
references, data and other information shown thereon are hereby adopted and
made a part of this chapter. The map properly attested, shall be on file in the
Office of the City Clerk of the City of Palo Alto.
WORKSTATION. A workstation is a defined space or independent principal
piece of equipment using hazardous materials with a hazard rating of 3 or
higher as ranked by NFPA 704 where a specific function, laboratory procedure,
or research activity occurs. Approved or listed hazardous materials storage
cabinets, flammable liquid storage cabinets or gas cabinets serving a
workstation are included as part of the workstation. A workstation is allowed
to contain ventilation equipment, fire protection devices, electrical devices,
and other processing and scientific equipment.
15.04.200 Section 316.7 added - Roof guiderails at interior courts.
Section 316.7 of the California Fire Code is amended to read as follows:
316.7 Roof Guardrails at Interior Courts. Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the
guardrail shall not be less than 42 inches in height above the adjacent roof surface that
can be walked on. 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.
15.04.205 Section 401.5 amended – Making false report.
Section 401.5 of the California Fire Code is amended to read as follows:
401.5 Making false report. A person shall not give, signal, or transmit a false
alarm. Initiation or transmission in a twelve-month period of three or more
signals, messages, or other notifications of an event of fire when no such
danger exists shall be presumed negligent.
15.04.210 Section 605.13 added - Immersion Heaters.
Section 605.13 is added to the California Fire Code to read as follows:
605.13 Immersion Heaters. All electrical immersion heaters used in dip tanks,
sinks, vats and similar operations shall be provided with approved over-
temperature controls and low liquid level electrical disconnects. Manual reset
of required protection devices shall be provided.
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15.04.220 Definitions added to section 902.1.
The following definitions are added to Section 902.1 of the California Fire Code to read as
follows:
DUAL SENSOR CARBON MONOXIDE AND SMOKE ALARM.
PHOTOELECTRIC SMOKE DETECTOR OR ALARM.
SMOKE DETECTOR OR ALARM.
15.04.230 Section 903.2 amended – Automatic Sprinkler Systems, Where Required.
Section 903.2 of the California Fire Code is amended to read as follows:
903.2 Automatic sprinkler systems, 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 903.2.18 and as follows, whichever is the
more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New non-residential occupancies, buildings or structures that do
not exceed 350 square feet of building area.
2. An automatic sprinkler system shall be provided for all existing buildings or
structures where modifications have been determined by the Building Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all existing
buildings when modifications are made that create conditions described in
Sections 903.2.1 through 903.2.18, or that create an increase in fire area to
more than 3,600 square feet or when the addition is equal or greater than
50% of the existing building square footage whichever is more restrictive.
4. An automatic sprinkler system shall be provided throughout all new
basements regardless of size and throughout existing basements that are
expanded by more than 50%. If the addition is only the basement, then only
the basement is required to be sprinklered.
5. An automatic sprinkler system shall be installed throughout when either the
roof structure or exterior wall structure have been removed and/or
replaced in at least 50% of the existing structure.
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6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
15.04.240 903.1.1.1 amended – NFPA 13 sprinkler systems.
Section 903.1.1.1 of the California Fire Code is amended to read as follows:
903.1.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require
that a building or portion thereof be equipped throughout with an automatic
sprinkler system in accordance with this section, sprinklers shall be installed
throughout in accordance with NFPA 13 and State and local requirements except
as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum
sprinkler design density shall be Ordinary Hazard Group II / 1500 square
feet.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
15.04.250 Section 903.3.1.2 amended – NFPA 13R sprinkler systems.
Section 903.3.1.2 of the California Fire Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R,
up to and including four stories in height, automatic sprinkler systems shall be
installed throughout in accordance with NFPA 13 and State and local standards.
15.04.260 Section 903.3.1.3 amended – NFPA 13D sprinkler systems.
Section 903.3.1.3 of the California Fire Code is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler
systems installed in one-and two-family dwellings and townhouses shall be
installed throughout in accordance with NFPA 13D and State and local
standards.
15.04.270 Section 903.4.3 amended - Floor control valves.
Section 903.4.3 of the California Fire Code is amended to read as follows:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings two
(2) or more stories in height shall have valves installed so as to control the
system independently on each floor including basements.
15.04.275 Section 907.2.11 amended - Single- and multiple-station smoke alarms.
Section 907.2.11 of the California Fire Code is amended to read as follows:
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907.2.11 Single- and multiple-station smoke alarms. Listed single- and multiple-
station smoke alarms complying with UL217 shall be installed in accordance with
Sections 907.2.11.1 through 907.2.11.5 and manufacturers’ installation and use
instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or
subject to the provisions of the Health and Safety Code, they shall also be listed
and approved for rapid response to smoldering synthetic materials. All smoke
alarms or detectors shall be of the photoelectric type or shall have equivalent
detection capabilities in compliance with UL 217.
Exception: A combination photoelectric/ionization smoke alarm or detector may
be used if located no closer than 20 feet to a kitchen, bathroom, fireplace or
wood burning appliance.
15.04.280 Section 3304.8 added - Fire Walls.
Section 3304.8 is added to the California Fire Code to read as follows:
3304.8 Fire Walls. When firewalls are required, the wall construction shall be
completed (with all openings protected) immediately after the building is
sufficiently weather-protected at the location of the wall(s).
15.04.290 Section 3311.1 amended - Stairways Required.
Section 3311.1 of the California Fire Code is amended to read as follows:
3311.1 Stairways Required. Each level above the first story in new multi-story
buildings shall be provided with at least two usable exit stairways 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.).
15.04.295 Section 3311.1.1 added - Required Means Of Egress.
Section 3311.1.1 is added to the California Fire Code to read as follows:
3311.1.1 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.
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15.04.300 Section 4902.1 amended – Definition of wildland-urban interface area.
The definition of “wildland-urban interface fire area” in Section 4902.1 is amended to read as
follows:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by
the state as a “Fire Hazard Severity Zone” in accordance with the Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189. In addition, within the limits of the City of Palo Alto,
wildland-urban fire interface area shall include all areas west of Highway 280
and all other areas recommended as Very High Fire Hazard Severity Zone by
the director of Cal Fire.
15.04.305 Sections 4903.1 through 4903.4 added – General Requirements for wildland-
urban interface fire areas.
Sections 4903.1 through 4903.4 are added to the California Fire Code to read as follows:
4903.1 General. When required by the fire code official, a fire protection plan
shall be prepared.
4903.2 Content. The plan shall be based upon a site-specific wildfire risk
assessment that includes considerations of location, topography, aspect,
flammable vegetation, climatic conditions and fire history. The plan shall
address water supply, access, building ignition and fire-resistance factors, fire
protection systems and equipment, defensible space and vegetation
management.
4903.3 Cost. The cost of fire protection plan preparation and review shall be
the responsibility of the applicant.
4903.4 Plan retention. The fire protection plan shall be retained by the fire
code official.
15.04.307 Sections 4907.1 through 4907.2 amended - Defensible space.
Sections 4070.1 through 4907.2 are added to the California Fire Code to read as follows:
4907.1 General. Persons owning, leasing, controlling, operating or maintaining
buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire
Area and persons owning, leasing or controlling land adjacent to such
buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away
flammable vegetation and combustible growth from areas within 30 feet
(9144 mm) of such buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar
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plants used as ground covers, provided that they do not form a means of rapidly
transmitting fire from the native growth to any structure.
2. Maintain additional effective defensible space by removing brush,
flammable vegetation and combustible growth located 30 feet to 100 feet
(9144 mm to 30480 mm) from such buildings or structures, when required
by the fire code official due to steepness of terrain or other conditions that
would cause a defensible space of only 30 feet (9144 mm) to be
insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144
mm) from buildings or structures and less than 18 inches (457 mm) in
height above the ground need not be removed where necessary to
stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the
outlet of a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood.
5. Maintain the roof of a structure free of leaves, needles or other dead
vegetative growth.
6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum
gas tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other
projections or overhangs. The storage of firewood and combustible material within
the defensible space shall be located a minimum of 30 feet (6096 mm) from
structures and separated from the crown of trees by a minimum horizontal
distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the
premises shall be stored as approved by the fire code official.
8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways
to of non-fire-resistive vegetation growth.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the
ground need not be removed where necessary to stabilize the soil and prevent
erosion. 4907.2 Corrective Actions. The executive body is authorized to instruct the fire
code official to give notice to the owner of the property upon which conditions
regulated by Section 4907.1 exist to correct such conditions. If the owner fails
to correct such conditions, the executive body is authorized to cause the same
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to be done and make the expense of such correction a lien upon the property
where such condition exists.
15.04.310 Section 5001.1.2 added – Lithium ion battery storage and handling.
Section 5001.2.12 is added to the California Fire Code to read as follows:
5001.1.2 Lithium ion battery storage and handling. Rooms or areas where lithium ion
batteries are stored or handled shall comply with the following:
1. Rooms or areas where lithium ion batteries are stored or handled shall be protected
throughout with an approved smoke detection system.
2. Indoor storage of lithium ion batteries in excess of 6,000 pounds shall be confined to
a Group H Division 2 Occupancy designed and constructed in accordance with the
Building Code.
15.04.320 Section 5001.2.1.1 added – Gas mixtures.
Section 5001.2.1.1 is added to the California Fire Code to read as follows:
Section 5001.2.1.1 Gas mixtures. For gas mixtures containing one or more
toxic, highly toxic or moderately toxic components, LC50 shall be calculated
using CGA Standards P-20 and P-23.
15.04.330 Section 5001.2.2.2 amended - Health Hazards.
Section 5001.2.2.2 of the California Fire Code is amended to read as follows:
5001.2.2.2 Health Hazards. The material categories listed in this section are
classified as health hazards. A material with a primary classification as a health
hazard can also pose a physical hazard.
1. Highly toxic, toxic and moderately toxic.
2. Corrosive materials
3. Moderately toxic gas.
4. Other health hazards
15.04.335 Section 5001.5.2.1 added – HMIS Exemptions.
Section 2701.5.2.1 is added to the California Fire Code to read as follows:
Section 5001.5.2.1 HMIS Exemptions. The following hazardous materials uses
are found to not represent a sufficient degree of hazard in of themselves to
justify the filing of a HMMP or HMIS.
SMALL COMPRESSED GAS CYLINDER EXEMPTION
A facility using compressed gas cylinders containing any of the following
hazardous materials used for the purpose specified and stored at each facility
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in quantities not exceeding the thresholds specified below shall be exempted
from the requirements of Chapter 6.95 Section 25501 (p) of the California
Health and Safety Code:
(a) Non refrigerated or non-cryogenic helium compressed gas in quantities
of not more than 1000 cubic feet at standard temperature and pressure
for the purpose of filling party balloons.
(b) Non-refrigerated or non-cryogenic carbon dioxide and nitrogen
compressed gases used for carbonation of beverages and stored in
quantities of not more than 6000 cubic feet at standard temperature
and pressure.
(c) Refrigerated or cryogenic carbon dioxide compressed gas used for
carbonation of beverages and stored in quantities of not more than
6000 cubic feet (116 gallons) at standard temperature and pressure.
SMALL PROPANE GAS TANK EXEMPTION
Commercial facilities, restaurants and RV hookup stations that handle 300
gallons or less of propane gas in stationary tanks outside of buildings used
exclusively for heating, cooling, or cooking shall be exempted from the
requirements of Chapter 6.95 Section 25501 (p) of the California Health and
Safety Code. This exception does not include sites that dispense propane.
CLOSED COOLING SYSTEM EXEMPTION
Closed cooling systems containing group A1 refrigerants, including
fluorocarbons, chlorocarbons and chlorofluorocarbons used for air
conditioning and refrigeration shall be exempted from the requirements of
chapter 6.95 Section 25501 (p) of the California Health and Safety Code.
CLOSED FIRE SUPPRESSION SYSTEM EXEMPTION
Closed fire suppression systems shall be exempted from the requirements of
Chapter 6.95 Section 25501 (p) of the California Health and Safety Code.
COMPRESSED AIR EXEMPTION
Compressed air in cylinders and bottles shall be exempted from Chapter 6.95
Section 25501 (p) of the California Health and Safety Code.
15.04.340 Section 5003.1.3.1 added - Toxic, Highly Toxic, Moderately Toxic gases and
similarly used or handled materials.
Section 5003.1.3.1 is added to the California Fire Code to read as follows:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic gases and similarly used or
handled materials. The storage, use and handling of toxic, highly toxic and
moderately toxic gases in amounts exceeding Table 60004.2 or 60004.3 shall
be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or
moderately toxic material that is used or handled as a gas or vapor shall be in
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accordance with the requirements for toxic, highly toxic or moderately toxic
gases.
15.04.350 Section 5003.1.5 added - Other Health Hazards Including Carcinogens, Irritants
and Sensitizers.
Section 5003.1.5 is added to the California Fire Code to read as follows:
5003.1.5 Other Health Hazards Including Carcinogens, Irritants and
Sensitizers. The storage, use and handling of materials classified as other
health hazards including carcinogens, irritants and sensitizers in amounts
exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for
solids shall be in accordance with this Section 5003.
15.04.355 Section 5003.1.6 added – Additional Secondary Containment Requirements.
Section 5003.1.6 is added to the California Fire Code to read as follows:
5003.1.6 Additional Secondary Containment Requirements. In addition to the
requirements set forth in Section 5004.2, an approved containment system is required
for any quantity of hazardous materials that are liquids or solids at normal
temperature and pressure (NTP) where a spill is determined to be a plausible event and
where such an event would endanger, people, property or the environment. The
approved containment system may be required to include a combination of spill
control and secondary containment meeting the design and construction requirements
set forth in section 5004.2.
15.04.357 Section 5003.1.7 added – Other health hazards.
Section 5003.1.7 is added to the California Fire Code to read as follows:
5003.1.7 Other Health Hazards Including Carcinogens, Irritants and
Sensitizers. The storage, use and handling of materials classified as other
health hazards including carcinogens, irritants and sensitizers in amounts
exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for
solids shall be in accordance with this chapter.
15.04.360 Section 5003.2.2.1 amended - Design and Construction.
Section 5003.2.2.1 of the California Fire Code is amended to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related
components used for hazardous materials shall be in accordance with the
following:
1. Piping, tubing, valves, fittings and related components shall be designed
and fabricated from materials compatible with the material to be contained
and shall be of adequate strength and durability to withstand the pressure,
structural and seismic stress, and exposure to which they are subject.
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2. Piping and tubing shall be identified in accordance with ASME A13.1 and
the Santa Clara County Fire Chiefs Marking Requirements and Guidelines
for Hazardous Materials and Hazardous Waste to indicate the material
conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe
emergency shutoff valves shall be installed on supply piping and tubing at
the following locations:
a. The point of use.
b. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated
emergency shutoff valves shall be identified and the location shall be
clearly visible accessible and indicated by means of a sign.
5. Backflow prevention or check valves shall be provided when the backflow
of hazardous materials could create a hazardous condition or cause the
unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or
4, Flammability Class 3 or 4, or Reactivity Class 4 in accordance with NFPA
704 are carried in pressurized piping above 15 pounds per square inch
gauge (psig)(103 Kpa), an approved means of leak detection, emergency
shutoff and excess flow control shall be provided. Where the piping
originates from within a hazardous material storage room or area, the
excess flow control shall be located within the storage room or area.
Where the piping originates from a bulk source, the excess flow control
shall be located as close to the bulk source as practical.
Exceptions:
a. Piping for inlet connections designed to prevent backflow.
b. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall
be provided for piping for liquid hazardous materials and for highly toxic
and toxic corrosive gases above threshold quantities listed in Tables 6004.2
and 6004.3. Secondary containment includes, but is not limited to double-
walled piping.
Exceptions:
a. Secondary containment is not required for toxic corrosive gases if
the piping is constructed of inert materials.
b. Piping under sub-atmospheric conditions if the piping is equipped
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with an alarm and fail-safe-to-close valve activated by a loss of
vacuum.
8. Expansion chambers shall be provided between valves whenever the
regulated gas may be subjected to thermal expansion. Chambers shall be
sized to provide protection for piping and instrumentation and to
accommodate the expansion of regulated materials.
15.04.365 Section 5003.2.2.2 amended - Additional Regulation for Supply Piping for
Health Hazard Materials.
Section 5003.2.2.2 of the California Fire Code is amended to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard
Materials. Supply piping and tubing for gases and liquids having a health
hazard ranking of 3 or 4 in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or
highly volatile corrosive liquids and gases shall have welded or brazed
connections throughout except for connections within an exhausted
enclosure if the material is a gas, or an approved method of drainage or
containment is provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion
of a means of egress required to be enclosed in fire-resistance-rated
construction or in concealed spaces in areas not classified as Group H
Occupancies.
Exception: Piping and tubing within the space defined by the walls of
corridors and the floor or roof above or in concealed space above other
occupancies when installed in accordance with Section 415.8.6.3 of the
California Building Code as required for Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall
pass a helium leak test of 1x10-9 cubic centimeters/second where practical,
or shall pass testing in accordance with an approved, nationally recognized
standard. Tests shall be conducted by a qualified “third party” not involved
with the construction of the piping and control systems.
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15.04.370 Section 5003.3.1 amended - Unauthorized Discharges.
Section 5003.3.1 of the California Fire Code is amended to read as follows:
5003.3.1 Unauthorized Discharges. When hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is
a threatened release that presents a threat to health, property or the
environment, the fire code official shall be notified immediately in an approved
manner and the following procedures required in accordance with Sections
5003.3.1.1 through 5003.3.1.4.
15.04.380 Section 5003.5.2 added - Ventilation Ducting.
Section 5003.5.2 is added to the California Fire Code to read as follows:
5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous
materials operations shall be labeled with the hazard class of the material
being vented and the direction of flow.
15.04.385 Section 5003.5.3 added - “H” Occupancies.
Section 5003.5.4 is added to the California Fire Code to read as follows:
5003.5.3 “H” Occupancies. In “H” occupancies, all piping and tubing may be
required to be identified when there is any possibility of confusion with
hazardous materials transport tubing or piping. Flow direction indicators are
required.
15.04.390 Section 5003.9.11 added - Fire Extinguishing Systems for Workstations
Dispensing, Handling or Using Hazardous Materials.
Section 5003.9.11 is added to the California Fire Code to read as follows:
5003.9.11 Fire Extinguishing Systems for Workstations Dispensing, Handling
or Using Hazardous Materials. Combustible and non-combustible work
stations which dispense, handle or use hazardous materials shall be protected
by an approved automatic fire extinguishing system in accordance with Section
1803.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets
that carry NSF/ANSI certification where quantities of flammable liquids in use
or storage within the cabinet do not exceed 500 ml.
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15.04.395 Section 5003.10.4 amended - Elevators utilized to transport hazardous materials.
Section 5003.10.4 of the California Fire Code is amended to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no
other passengers other than in the individual(s) handling the chemical transport
cart.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum
capacity of 20 liters (5.26 gal).
5003.10.4.3 Toxic, highly toxic, and asphyxiant gases shall be limited to a
container of a maximum water capacity of 1 lb.
5003.10.4.4 Means shall be provided to prevent the elevator from being
summoned to other floors.
15.04.400 Section 5004.2.1 amended - Spill Control for Hazardous Material Liquids.
Section 5004.2.1 of the California Fire Code is amended to read as follows:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or
areas used for storage of hazardous material liquids shall be provided with spill
control to prevent the flow of liquids to adjoining areas. Floors in indoor
locations and similar surfaces in outdoor locations shall be constructed to
contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight
raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall
be constructed of noncombustible material, and the liquid-tight seal shall be
compatible with the material stored. When liquid-tight sills or dikes are
provided, they are not required at perimeter openings having an open-grate
trench across the opening that connects to an approved collection system.
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15.04.405 Sections 5004.2.2 and 5004.2.2.2 amended and Table 5004.2.2 deleted -
Secondary Containment for Hazardous Material Liquids and Solids.
Table 5004.2.2 is deleted in its entirety.
Section 5004.2.2 of the California Fire Code is amended to read as follows:
5004.2.2 Secondary Containment for Hazardous Material Liquids and Solids.
Buildings, rooms or areas used for the storage of hazardous materials liquids or
solids shall be provided with secondary containment in accordance with this
section.
Section 5004.2.2.2 of the California Fire Code is amended to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from
each other in independent secondary containment systems.
15.04.410 Section 5004.3 amended – Containment pallets.
Section 5004.2.3 of the California Fire Code is amended to read as follows:
5004.2.3 Containment pallets. Combustible containment pallets shall not be used
inside buildings to comply with Section 5004.2 where the individual container capacity
exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds
1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds
550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds
(4540 kg) for solids.
Where used as an alternative to spill control and secondary containment for outdoor
storage in accordance with the exception in Section 5004.2, containment pallets shall
comply with all of the following:
1. A liquid-tight sump accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons (250L);
3. Exposed surfaces shall be compatible with material stored;
Containment pallets shall be protected to prevent collection of rainwater within the
sump of the containment pallet.
15.04.420 Section 5005.4.4 amended - Emergency Alarm.
Section 5005.4.4 of the California Fire Code is amended to read as follows:
5005.4.4 Emergency Alarm. When hazardous materials having a hazard
ranking of 3 or 4 in accordance with NFPA 704, or toxic gases exceeding 10 cu.
ft. and any amount of highly toxic compressed gases are transported through
corridors or exit enclosures, there shall be an emergency telephone system, a
local manual alarm station or an approved alarm-initiating device at not more
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than 150-foot (45,720 mm) intervals and at each exit and exit-access doorway
throughout the transport route. The signal shall be relayed to an approved
central, proprietary or remote station service or constantly attended on-site
location and shall also initiate a local audible alarm. 15.04.430 Section 5704.2.7.5.8 amended - Overfill Prevention.
Section 5704.2.7.5.8 of the California Fire Code is amended to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in
accordance with Section 5704.2.9.7.5 shall be provided to prevent overfill of all
Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants
or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill
protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall
be provided to prevent the overfilling of Class IIIB liquid storage tanks
connected to fuel-burning equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L)
or less shall comply with Section 5704.2.9.7.5.1 (1.1)
15.04.440 Section 5704.2.7.5.9 added - Automatic Filling of Tanks.
Section 5704.2.7.5.9 is added to the California Fire Code to read as follows:
5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill
flammable or combustible liquid tanks shall be equipped with an approved
overfill protection system that sends an alarm signal to a constantly attended
location and immediately stops the filling of the tank. The alarm signal and
automatic shutoff shall be tested on an annual basis and records of such
Albtesting shall be maintained on-site for a period of five (5) years.
15.04.445 Section 5803.3 added – Mobile fueling of hydrogen vehicles.
Section 5803.3 is added to the California Fire Code to read as follows:
5803.3 Mobile fueling of hydrogen vehicles. Mobile fueling of hydrogen vehicles is
prohibited except as approved by the fire code official.
15.04.450 Section 6001.3 added - Moderately Toxic Gases with a LC50 Equal to or Less
Than 3000 Parts Per Million.
Section 6001.3 is added to the California Fire Code to read as follows:
6001.3 Moderately Toxic Gases With A LC50 Equal To Or Less Than 3000 Parts
Per Million. Moderately toxic gases with an LC50 less than 3000 parts per
million shall additionally comply with the requirements for toxic gases in
Section 6004 of this code.
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15.04.460 Section 6002.1 amended – add definitions
The following definition is added to section 6002.1 of the California Fire Code as defined in
Chapter 2 of the California Fire Code and local amendments:
MODERATELY TOXIC GAS.
15.04.470 Section 6004 amended – Toxic gases including refrigerants.
Section 3704 of the California Fire Code is amended to read as follows:
Section 6004 HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC GASES
INCLUDING THOSE USED AS REFRIGERANTS.
15.04.480 Sections 6004.1.4 through 6004.1.17 added - Controls for toxic gases.
Sections 6004.1.4 through 6004.1.17 are added to the California Fire Code to read as follows:
6004.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is of a
fail-safe to close design, shall be provided to shut off the supply of highly toxic
gases for any of the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
6004.1.5 Emergency Control Station. Signals from emergency equipment used
for highly toxic gases shall be transmitted to an emergency control station or
other approved monitoring station, which is continually staffed by trained
personnel.
6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in
quantities exceeding the maximum threshold quantity in a single vessel per
control area or outdoor control area shall comply with the additional
requirements for highly toxic gases of Section 6004 of this code.
Moderately toxic gases stored or used in quantities exceeding the maximum
threshold quantity in a single vessel per control area or outdoor control area
shall comply with the additional requirements for toxic gases of Section 3704
of this code
6004.1.7 Reduced Flow Valve. All containers of materials other than lecture
bottles containing Highly Toxic material and having a vapor pressure exceeding
29 psia shall be equipped with a reduced flow valve when available. If a
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reduced flow valve is not available, the container shall be used with a flow-
limiting device. All flow limiting devices shall be part of the valve assembly and
visible to the eye when possible; otherwise, they shall be installed as close as
possible to the cylinder source.
6004.1.8 Annual Maintenance. All safety control systems at a facility shall be
maintained in good working condition and tested not less frequently than
annually. Maintenance and testing shall be performed by persons qualified to
perform the maintenance and tests. Maintenance records and certifications
shall be available to any representative of the Fire Department for inspection
upon request.
6004.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for
storage and use areas of materials regulated by this Chapter shall be protected
by an automatic fire sprinkler system in accordance with NFPA 13. The design
of the sprinkler system for any room or area where highly toxic, toxic and
moderately toxic gases are stored, handled or used shall be in accordance with
Section 2704.5.
6004.1.10 Local Gas Shut Off. Manual activation controls shall be provided at
locations near the point of use and near the source, as approved by the fire
code official. The fire code official may require additional controls at other
places, including, but not limited to, the entry to the building, storage or use
areas, and emergency control stations. Manual activated shut-off valves shall
be of a fail-safe- to-close design.
6004.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic
gases exceeding threshold quantities, a continuous monitoring system shall be
provided to assure that the required exhaust ventilation rate is maintained.
The monitoring system shall initiate a local alarm. The alarm shall be both
visual and audible and shall be designed to provide warning both inside and
outside of the interior storage, use, or handling area.
6004.1.12 Emergency Response Plan. If the preparation of an emergency
response plan for the facility is not required by any other law, responsible
persons shall prepare, or cause to be prepared, and filed with the fire code
official, a written emergency response plan. If the preparation of an
emergency response plan is required by other law, a responsible person shall
file a copy of the plan with the Fire Chief.
6004.1.13 Emergency Response Team. Responsible persons shall be
designated the on-site emergency response team and trained to be liaison
personnel for the Fire Department. These persons shall aid the Fire
Department in preplanning emergency responses, identifying locations where
regulated materials are stored, handled and used, and be familiar with the
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chemical nature of such material. An adequate number of personnel for each
work shift shall be designated.
6004.1.14 Emergency Drills. Emergency drills of the on-site emergency
response team shall be conducted on a regular basis but not less than once
every three months. Records of drills conducted shall be maintained.
6004.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks
immediately upon delivery and again immediately prior to departure. Testing
shall be approved by the fire code official in accordance with appropriate
nationally recognized industry standards and practices, if any. Appropriate
remedial action shall be immediately undertaken when leaks are detected
6004.1.16 Inert Gas Purge System. Gas systems shall be provided with
dedicated inert gas purge systems. A dedicated inert gas purge system may be
used to purge more than one gas, provided the gases are compatible. Purge
gas systems inside buildings shall be located in an approved gas cabinet unless
the system operates by vacuum demand.
6004.1.17 Seismic Shutoff Valve. An automatic seismic shut-off valve, which
is of a fail-safe to close design, shall be provided to shutoff the supply of
highly toxic, toxic and moderately toxic gases with an LC50 less than 3000
parts per million upon a seismic event within 5 seconds of a horizontal
sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a
period of 0.4 seconds.
15.04.490 Section 6004.2 amended – Indoor storage and use of toxic gases.
Section 6004.2 of the California Fire Code is amended to read as follows:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic,
toxic and moderately toxic compressed gases shall be in accordance with
Sections 6004.1 through 3704.2.2.10.3.3. The threshold quantity for highly
toxic, toxic and moderately toxic gases for indoor storage and use are set
forth in Table 6004.2.
Table 6004.2
Threshold Quantities for Highly Toxic, Toxic and Moderately
Toxic Gases for Indoor Storage and Use
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
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15.04.492 Sections 6004.2.1 through 6004.2.1.1 amended – Applicability of toxic gas
regulations.
Sections 6004.2.1 through 6004.2.1.1 of the California Fire Code are amended to read as
follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor
storage and use of highly toxic, toxic, and moderately toxic compressed gases
shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.3.
6004.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per
Control Area. The indoor storage or use of highly toxic, and toxic and
moderately toxic gases in amounts exceeding the threshold quantity per
control area set forth in Table 6004.2 shall be in accordance with Sections
5001, 5003, 6001, 6004.1 and 6004.2.
15.04.494 Section 6004.2.2 amended – General requirements for use and storage of toxic
gases.
Section 6004.2.2 of the California Fire Code is amended to read as follows:
6004.2.2 General indoor requirements. The general requirements applicable
to the indoor storage and use of highly toxic and toxic compressed gases shall
be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.
Moderately toxic gases with an LC50 less than 3000 parts per million shall
comply with the requirements for toxic gases in Sections 6004.2.2.1 through
6004.2.2.10.3.
All other moderately toxic gases exceeding the threshold quantity shall comply
with the requirements for toxic gases in Sections 6004.2.2.1 through
6004.2.2.7.
15.04.496 Section 6004.2.2.7 amended –Treatment systems.
Section 6004.2.2.7 of the California Fire Code is amended to read as follows:
6004.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets,
exhausted enclosures, gas rooms and local exhaust systems required in Section
6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The
treatment system shall be utilized to handle the accidental release of gas and
to process exhaust ventilation. The treatment system shall be designed in
accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Section 505 of
the California Mechanical Code.
Exceptions:
1.1 Highly toxic, toxic and moderately toxic gases storage. A treatment system
is not required for cylinders, containers and tanks in storage when all of
the following are provided:
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1.2 Valve outlets are equipped with gas-tight outlet plug or
caps.
1.3 Hand wheel-operated valves have handles secured to prevent
movement.
1.4 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
15.04.498 Section 6004.2.2.10.2 amended – Alarms.
Section 6004.2.2.10.2 of the California Fire Code is amended to read as follows:
6004.2.2.10.2 Alarms. The gas detection system shall initiate a local alarm and
transmit a signal to a constantly attended control station when a short-term
hazard condition is detected. The alarm shall be both visual and audible and
shall provide warning both inside and outside the area where the gas is
detected. The audible alarm shall be distinct from all other alarms.
15.04.500 Section 6004.3 amended – Outdoor storage and use.
Section 6004.3 of the California Fire Code is amended to read as follows:
6004.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic,
toxic and moderately toxic compressed gases shall be in accordance with
Sections 6004.3.1 through 6004.3.4. The threshold quantity for highly toxic,
toxic and moderately toxic gases for outdoor storage and use are set forth in
Table 6004.3.
Table
6004.3
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for
Outdoor Storage and Use Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
15.04.503 Sections 6004.3.1 and 6004.3.1.1 amended – Applicability of toxic gas
regulations.
Sections 6004.3.1 and 6004.3.1.1 of the California Fire Code are amended to read as follows:
6004.3.1 Applicability. The applicability of regulations governing the outdoor
storage and use of highly toxic, toxic, and moderately toxic compressed gases
shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.3.
6004.3.1.1 Quantities not exceeding the maximum allowable quantity per
control area. The outdoor storage or use of highly toxic and toxic gases in
amounts exceeding the threshold quantity per control area set forth in Table
6004.3 shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and
6004.3.
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Moderately toxic gases with an LC50 less than 3000 parts per million in
amounts exceeding the threshold quantity in Table 6004.3 shall comply with
the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and
6004.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table
6004.3 shall comply with the requirements for toxic gases in Sections 5001,
5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.5.
15.04.505 Section 6004.3.3 amended – Outdoor storage of tanks and cylinders.
Section 6004.3.3 of the California Fire Code is amended to read as follows:
6004.3.3 Outdoor storage weather protection for portable tanks and
cylinders. Weather protection in accordance with Section 5004.13 and this
section shall be provided for portable tanks and cylinders located outdoors and
not within gas cabinets or exhausted enclosures. The storage area shall be
equipped with an approved automatic sprinkler system in accordance with
Section 5004.5.
15.04.510 Section 6101.4 added – Storage and use of liquefied petroleum gas.
Section 6101.4 is added to the California Fire Code to read as follows:
6101.4 Storage and use of liquefied petroleum gas. Storage and use of
liquefied petroleum gas (LPG) is prohibited within the City limits of Palo Alto
where natural gas mains exist.
Exception: The Fire Chief may permit the use of LPG for the following purposes
and in the following manner:
(1) A single tank of no more than 500-gallon (1892 L) water capacity in
connection with portable equipment or devices which are approved for
use with LPG.
(2) As an emergency standby fuel supply for critical industrial, medical or
research equipment.
(3) A single tank of no more than 2000-gallon (7570 L) water capacity used in
vehicle servicing operations installed in accordance with applicable safety
standards.
The storage of LPG shall conform to the provisions of applicable state and local
Codes and ordinances.
15.04.515 Section 6405.3.1 added – Silane distribution systems automatic shutdown.
Section 6405.3.1 is added to the California Fire Code to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution
systems shall automatically shut down at the source upon activation of the gas
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detection system at levels above the alarm level and/or failure of the
ventilation system for the silane distribution system.
15.04.520 Addition of Chapter 19 – Life safety requirements for existing high rise buildings.
Chapter 19 is added to the California Fire Code to read as follows:
CHAPTER 19
LIFE SAFETY REQUIREMENTS FOR EXISTING HIGH-RISE BUILDINGS
SECTION 1901 GENERAL
1901.1 Purpose. The purpose of this appendix is to provide a reasonable
degree of safety to persons occupying existing high-rise buildings by requiring
minimum standards for exit corridors, exit stairways and elevator shafts,
monitored alarm systems and emergency plans.
1901.2 Scope. The requirements shall apply to all high-rise buildings
constructed prior to January 1, 1994 which have floors used for human
occupancy located more than 75 feet above the lowest level of approved fire
department vehicle access or other physical configuration that qualifies a
building as high rise by local ordinance.
1901.3 Permits Required.
1. Building permits shall be obtained as required by the Building Code.
2. Not less than 30 days prior to submitting plans for a building permit, a
preplan review meeting shall be held, including the owner’s design team,
building official and the chief, to determine the adequacy of the life-safety
emergency systems concept for the building. The life-safety emergency
systems shall be reflected on the plans for the building and become a
permanent part of the building department’s records. The building official and
the chief may require sufficient documentation, based upon engineering
analysis, that the concept meets the intent of nationally recognized good
practices and such guidelines as the building official and chief have published.
1901.4 Enforcement. The provisions of this appendix shall be enforced by the
chief.
1901.5 Compliance. All buildings shall be made to conform with the
requirements of Section 1902 within the following time periods:
1. Subsections 1902.11, 1902.12 and 1902.13 shall be completed within six
months of the adoption date of this Chapter.
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2. The owners of buildings affected by this appendix or their representatives
shall submit plans to the building official showing intended methods of
compliance with subsections 1902.1 through 1902.10 on or before June 30,
1990.
3. Subsections 1902.5, 1902.8, and 1902.9 shall be completed on or before January 1,
1991.
4. Subsections 1902.1, 1902.2, 1902.3, 1902.4, 1902.5, 1902.6 and 1902.8
shall be completed on or before April l, 1994.
Note: Regardless of any specific compliance date stipulated above, a building
shall not be deemed in violation of this Chapter until such date has expired
1901.6 Exceptions. The Fire Chief may grant certain exceptions to the
requirements of this Chapter, under the following circumstances:
1. The Fire Chief may allow the use of alternate materials or methods of
compliance upon a finding that the use of such alternate materials or
methods of compliance will provide levels of fire and life safety equal to or
greater than those otherwise required in this Chapter.
2. The Fire Chief may waive individual requirements of this Chapter or grant
reasonable extensions of time in which to comply with said requirements
upon a finding that such requirements are not practical or possible, or pose
an unreasonable hardship. The determination of whether compliance is not
practical or possible, or an unreasonable hardship, shall be based upon an
overall evaluation of the following factors:
(i) The amount of fire and life safety that would be lost if the requirements
were waived or deferred;
(ii) The cost of complying with the requirements;
(iii) The financial hardship and disruption to occupants and users of the
building in question;
(iv) The type and nature of the use of the building in question; and
(v) Such other factors as in the judgment of Fire Chief will result in providing a
reasonable degree of safety as required by this Uniform Fire Code, to
persons occupying or using the building.
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3. The Fire Chief may grant reasonable extensions of time, up to two additional
years, within which to comply with the requirements of subsections
1902.1, 1902.2, 1902.3, 1902.4, 1902.6, 1902.7 and 1902.9 of this Chapter,
upon making a finding of hardship based upon the factors set forth in
subsection (2) of this subsection 1901.6(f), or upon the agreement of the
building owner that within said time, the building will be 100% sprinklered,
in accordance with NFPA 13.
4. The Fire Chief shall prepare written notice of determination to grant or not
to grant exceptions pursuant to this paragraph. The Fire Chief shall
distribute the notice of determination in the next available council packet;
shall mail notice, postage prepaid, to the affected building owner; and shall
publish such notice once in a newspaper of general circulation not later
than five (5) days after the distribution of the notice on the city council
packet. The notice shall state the address and general description of the
subject property and the nature of the determination. The notice shall also
state that the details regarding the decision will be available in the Fire
Chief’s office, and that an appeal may be taken within ten (10) days after
the date of publication of the notice.
1901.7 Appeals.
1. Any person aggrieved or affected by any determination made by the Fire
Chief pursuant to subsection 1901.6 of this Chapter may appeal that
determination in accordance with this subsection 1901.7.
2. An appeal from the decision of the Fire Chief shall be initiated within ten
(10) days after the publication of notice, as provided in Paragraph 1901.6,
by the filing at the office of the City Manager of a written, dated appeal,
signed by all parties named as appellants, stating the names and official
mailing addresses of all appellant(s) participating in the appeal and their
relationship to the matter being appealed.
3. The appeal shall contain a statement of all facts supporting the contention
of the appellant(s) and all reasons why the decision of the Fire Chief should
be reversed, modified or set aside.
4. The appeal shall be accompanied by a fee, as set forth in the Municipal Fee
Schedule for Fire Department appeals.
5. Upon receipt of any appeal, the City Manager or designee shall set a date
for a hearing. Such hearing shall be held within fifteen (15) days of receipt
of the appeal. A notice of the time and place of the hearing shall be given
to the appellant(s) by the City Manager or designee in writing. The notice
shall be mailed, postage prepaid, addressed to the appellant(s) at the
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address(es) listed on the appeal, or it shall be delivered to the appellant(s)
personally, at least ten (10) days prior to the hearing date. If the appellant
is other than the building owner, the building owner shall also be notified
of the hearing.
6. The City Manager or designee (other than any personnel from the
Fire Department), shall hear the appeal. At the time and place set for the
hearing, the City Manager or designee shall receive all testimonial,
documentary and tangible evidence bearing on the issues. The City
Manager or designee may continue the hearing from time to time. The City
Manager or designee may approve, modify or disapprove the
determination of the Fire Chief. Within three (3) working days of the close
of the hearing, the City Manager or designee shall render a decision in
writing. The decision shall be mailed, postage prepaid, to the appellant(s)
at the address(es) listed on the appeal or delivered to the appellant(s)
personally. If the appellant is other than the building owner, the building
owner shall also be notified of the decision.
7. The decision of the City Manager or designee shall be final.
1901.8 Penalty. Failure to comply with subsection (e) above is unlawful and
any person, firm or corporation, whether as principal, agent, employee or
otherwise, violating any provisions of the above requirements shall be guilty of
a misdemeanor. Such person, firm or corporation is guilty of a separate offense
for each and every day during any portion of which any violation of these
requirements is committed, continued or permitted by such person, firm or
corporation.
1901.9 Severability. Should any section, subsection, paragraph, sentence,
clause or phrase of this appendix be declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions
of these requirements.
SECTION 1902 LIFE SAFETY REQUIREMENTS
1902.1 Automatic Sprinklers. All required exit corridors, stairwells, elevator
lobbies, public assembly areas occupied by 100 or more persons and
commercial kitchens shall be protected by an approved automatic sprinkler
system meeting the design criteria of NFPA 13. One sprinkler head shall be
provided on the room side of every corridor opening.
Exception: Sprinkler heads may be omitted in stairwells of noncombustible
construction.
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1902.2 Corridor Doors. All doors opening into required exit corridors shall be
in conformance with the Building Code.
Exception: Existing 1-3/8 inch bonded, solid-core wood doors, if equipped with
self-closures, need not be replaced.
1902.3 Corridor Openings. All openings into required exit corridor, other than
doors, shall be in conformance with the Building Code.
1902.4 Exit Stairways. All high-rise buildings shall have a minimum of two
approved exit stairways. The Fire Chief may allow a minimum of one approved
stairway upon a finding that additional automatic sprinkler protection is
provided that meets the spirit of this Appendix and provides at least the
equivalent protection of that prescribed in this Appendix.
1902.5 Exit Stairwell Doors. All stairwell doors which are to be locked from the
stairwell side shall automatically unlock, without unlatching, when the alarm
system activates.
1902.6 Elevator Lobby Separation. All elevators on all floors shall open into
elevator lobbies which are separated from the remainder of the building as is
required for corridor construction in the Building Code. The Fire Chief may
waive this requirement upon a finding that additional automatic sprinkler
protection is provided that meets the spirit of this Appendix and provides at
least the equivalent protection of that prescribed in this Appendix.
1902.7 Elevator Recall. All automatic elevators shall be equipped for
emergency operation in conformance with the Building Code.
1902.8 Fire Alarm Systems. All high-rise buildings shall have an alarm system
meeting the requirements of this section. All required fire alarm systems shall
be designed to be heard clearly by all occupants within the building but in no
case shall it be less than 60 dB, or 15 dB above ambient noise levels, as
measured in the A scale, within all habitable areas of the building. All required
alarm systems shall operate automatically by smoke or products of
combustion detectors and by manual pull stations as approved by the chief.
1902.9 Fire Alarm Supervision. All fire alarm systems shall be connected to an
approved central station or the local fire department dispatch office in
conformance with the Fire Code as approved by the chief.
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1902.10 Exit Illumination. Exits shall be illuminated at any time the building is
occupied with lights having an intensity of not less than 1 foot-candle at floor
level. Such lighting shall have an independent alternate source of supply such
as an emergency battery pack.
1902.11 Emergency Plan. The management for all buildings shall establish and
maintain a written fire and life safety emergency plan which has been
approved by the chief. The chief shall develop written criteria and guidelines
upon which all plans shall be based.
1902.12 Posting of Emergency Plan and Exit Plans. Copies of the emergency
plan and exiting plans (including elevator and stairway placarding) shall be
posted in locations approved by the chief.
1902.13 Fire Drills. The management of all buildings shall conduct fire drills for
their staff and employees at least every 120 days. The fire department must be
advised of such drills at least 24 hours in advance. A written record of each
drill shall be maintained in the building management office and made available
to the fire department for review.
SECTION 2. The Council adopts the findings for local amendments to the California
Fire Code, 2016 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 California
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.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Human Resources
____________________________
Director of Administrative
Services
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EXHIBIT A
Findings for Local Amendments to the
2016 California Fire Code
The following local amendments to the 2016 California Fire Code make modifications as
authorized by the California Health and Safety Code. In accordance with Section 18941.5 of said
Code, Findings are hereby made to show that such modifications or changes are reasonably
necessary because of local climatic, geological or topographical conditions.
PREAMBLE I.
Findings of fact:
A. Pursuant to Section 17958.5 of the California Health and Safety Code, the report
contained herein is submitted as the “Findings of Fact” document with regard to the adoption
of the California Fire Code, 2016 Edition, and amendments. Under this adopting ordinance,
specific amendments have been established which are more restrictive in nature than those
adopted by the State of California (State Building Code Standards, State Housing and
Community Development Codes) commonly referred to as California Code of Regulations, Titles
19, 24 and 25.
B. These amendments to the California Fire Code, 2016 Edition, have been recognized by
the City of Palo Alto (“City”) as tools for addressing the fire problems, concerns and future
direction by which the authority can establish and maintain an environment which will afford a
level of fire and life safety to all who live and work within the City’s boundaries.
C. Under the provisions of Section 17958.5 of the Health and Safety Code, local
amendments shall be based upon the following: climatic, geological/geographical, and
topographical conditions. The findings of fact contained herein shall address each of these
situations and shall present the local situation which, either singularly or in combination, caused
the established amendments to be adopted.
1. Climactic Conditions:
The City, on an average, experiences an annual rainfall of 16" - 18". This rainfall can be expected
between October and April of each year. However, during the summer months there is little, if
any, measurable precipitation. During this dry period the temperatures are usually between
70-90 degrees with light to gusty westerly winds. These drying winds, combined with the
natural vegetation which is dominant throughout the area, create a hazardous fuel condition
which can cause, and has caused in the past, extensive grass and brush land fires. With more
and more development encroaching into these wooded and grass covered areas, wind-driven
fires could have severe consequences, as has been demonstrated on several occasions in Palo
Alto and other areas of the state. Fires in structures can easily spread to the wildland as well as
a fire in the wildland into a structure.
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Because of the weather patterns, a normal rainfall cannot always be relied upon. This can result
in water rationing and water allocation systems, as demonstrated by the drought years of 1986-
1991. Water shortages can also be expected in the future due to the current water storage
capacities and increased consumption. The water supply for the Palo Alto fire department makes
use of automatic fire sprinkler systems feasible as a means to reduce our dependency on large
volumes of water for fire suppression.
2. Geological & Geographical Conditions
Geographical Location. Palo Alto is located at the northern most part of Santa Clara County.
Palo Alto is a major focus of the “Silicon Valley,” the center for an expanding and changing
electronics industry, as well as pharmaceutical, biomedical, and genetic research.
Seismic Location. Palo Alto is situated on alluvial solids between San Francisco Bay and the San
Andreas Fault zone. The City’s location makes it particularly vulnerable to damage to taller and
older structures caused by seismic events. The relatively young geological processes that have
created the San Francisco Bay Area are still active today. Seismically, the city sits between two
active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous potentially
active faults. Approximately 55% of the City’s land surface is in the high-to-moderate seismic
hazard zones.
Seismic and Fire Hazards. Fire following an earthquake has the potential of causing greater loss
of life and damage than the earthquake itself.
The majority of the City’s high-rise structures are located in seismic risk zones. Should a
significant seismic event occur, Public Safety resources would have to be prioritized to mitigate
the greatest threat, and may not be available for every structural fire. In such event, individual
structures, including high-rise buildings, should be equipped to help in mitigating the risk of
damage.
Other variables may tend to intensify the situation:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatical conditions (hot, dry weather with high winds);
e. Time of day will influence the amount of traffic on roadways and could intensify the risk
to life during normal business hours;
f. The availability of timely mutual aid or military assistance;
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g. Many high-rise structures are located near areas of high fire danger necessitating special
precautions.
Transportation. Palo Alto is dissected by a major state highway (El Camino Real) and two major
freeways (I-280 and U.S. 101), which potentially could negatively affect response times of fire
suppression equipment.
Soil Conditions. Palo Alto lies at the southern end of San Francisco Bay and is built atop the
alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding
of many streams emptying into the San Francisco Bay depression, and from intermittent sea
water inundation that has occurred over the last 2 or 3 million years. The areas closest to the
Bay are overlain by unconsolidated fine silty clay, known as Bay Mud which varies in thickness
from a few feet to as much as 30 feet. Generally, the older more stable alluvium is to the south
and the younger less stable material is to the north. Bedrock lies beneath the area at depths of
generally 300' or more.
3. Topographical Conditions:
The findings of fact for the topographical element, as would be expected, are closely associated
with the geological/geographical element. With the elevation changes within the district,
development is of course following the path of least resistance, creating a meandering pattern.
This then 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
creates barriers which reduce the response time of fire equipment and other emergency
services. The topography of the district is being burdened by major structures. Employment
areas are throughout the district. 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 to provide early detection and initial control until the arrival of the fire department.
The topography of the district in much of the commercial and residential zones lies within or
near a flood plane. Periodically, heavy rains and high tides cause region-wide flooding which
not only delays response but also increases demands on fire personnel. The fire code
amendments increase safeguards and initialize early response to help compensate for these
physical delays.
As a result of the findings of facts which identify the various climatic, geological/geographical
and topographical elements, those additional requirements as specified in the amendments to
adopting ordinance for the California Fire Code 2013 Edition, by the City of Palo Alto area are
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considered reasonable and necessary modifications. The experience of several disastrous fires
within the city in addition to Santa Clara, Monterey, San Mateo, Alameda and Contra
Costa counties have demonstrated the need for other fire protection features, the most
significant of which was located in the Oakland/Berkeley Hills in which over 3,000 homes were
destroyed and 25 human lives were lost. While it is clearly understood that the adoption of
such regulations may not prevent the incidence of fire, the implementation of these various
amendments to the Code may reduce the severity and potential of loss of life and property.
II. Specific Findings for Local Amendments
The majority of local amendments (those not specifically listed below) are made strictly to
conform to other parts of the Palo Alto Municipal Code (PAMC) and for similar administrative
purposes.
Based upon the findings of fact described in section I, the City Council also makes the following
specific findings regarding local climatic, geological, and topographic conditions related to local
amendments to the California and International Fire Codes found in Chapters 15.04 and 15.05
of Title 15 of the Palo Alto Municipal Code (“PAMC”):
1. The local amendments contained in PAMC sections 15.04.030 through 15.04.070 and
sections 15.04.325 through 15.04.441 relating to general conditions for hazardous materials
are necessary modifications to the California Fire Code flammable and hazardous materials
sections because they maintain consistency with the Hazardous Materials Storage Ordinance
which has been adopted county-wide since 1983. Requirements include safeguards such as
monitoring, secondary containment, separation of non compatibles which prevent incidents
should a seismic event, unauthorized release or accident occur.
2. The local amendment contained in PAMC section 15.05.015- Weed removal- is
necessary to require weeds to be removed from properties when determined to be a hazard at
the expense of the responsible party. Weeds can be a fire hazard that may also contribute to
the uncontrolled spread of fire as a result of the climatic, geographical, and topographical
conditions described in Findings 1, 2, and 3 above.
3. The local amendments contained in PAMC section 15.05.140 through 15.05.170 set
forth measures to limit delays in response time and reduce hazards to firefighters. These
measures are necessary to prevent exacerbation of response delays associated with the
Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 above.
4. The local amendment contained in PAMC section 15.04.210- Immersion Heaters- is
necessary as a fire control measure because it requires additional controls on process
heating devices which are often activated when unattended. See Geological Findings 2.
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5. The local amendments contained in PAMC 15.04.230 through 15.04.260 relating to fire
sprinkler systems are necessary for faster control of fires in the dense populated area of our
community to confine a fire to the area of origin rather than spread to neighboring structures.
The modifications contained in these amendments provide additional fire extinguishing
systems in new construction, major remodels, additions, and occupancy classification changes
to help mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical
and Topographical.
6. The local amendment contained in PAMC section 15.04.270 - Floor control valves- is
necessary to provide fire extinguishing control devices that allow systems to remain partially
in service while repairs or maintenance are ongoing. See Findings 1 and 2 above- Climatic and
Geographical.
7. The local amendment contained in Section 15.04.275- Single- and multiple-station smoke alarms- is necessary to alert occupants at the earliest possible stage of smoldering residential
fires.
This modification requires smoke detection provided in new construction, remodels, additions, rental housing and newly purchased homes to be photoelectric or dual sensor technology to
allow greater likelihood of occupants safely escaping residential fires and notifying the fire
department during the earliest possible stage of fire growth. This will help mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
8. The local amendments contained in PAMC sections 15.04.280 through 15.04.295
provide for additional fire and life safety measures during construction and demolition. See
Findings 2 and 3, above- Geographical and Topographical.
9. The local amendments contained in PAMC 15.04.300– Definition of “continuous gas
detection system” and sections 15.04.325, 15.04.352 and 15.04.450 through 15.04.502
regarding toxic gases incorporate requirements established by the Model Toxic Gas Ordinance
and California Fire Code. Administrative and restrictive measures include changes in
definitions, quantities regulated, and utilizes County consensus guidelines established by other
regional agencies which share similar climatic, geological/geographical, and topographical
conditions. See Findings 1, 2 and 3, above- Climatic, Geographical and Topographical.
10. The local amendment contained in PAMC sections 15.04.310 and 15.04.320- Fire
Protection Water Supply System, requires an adequate water supply in areas used for storage of
highly combustible organic waste materials. This requirement mitigates the added hazards and
limited access conditions described in Findings 1 and 3, above- Climatic and Topographical.
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11. The local amendments contained in PAMC section 15.04.510 - Storage and use of
liquefied petroleum gas- place restrictions on liquid petroleum gas where natural gas is
provided. These restrictions are appropriate given Palo Alto’s seismically active local geological
conditions because they will reduce portable container releases in the event of seismic
activity and mitigate the geological risk described in Finding 2, above- Geographical.
12. The local amendments contained in PAMC section 15.04.515 – Silane distribution
systems automatic shutdown- place restrictions on silane distribution systems. These
restrictions are appropriate given Palo Alto’s seismically active local geological conditions
because they will reduce release volume in the event of seismic activity or unauthorized release
and mitigate the geological risk described in Finding 2, above- Geographical.
13. The local amendments contained in PAMC sections 15.04.520 through 15.04.588 set
forth protections for urban-wildland interface areas that are necessary to mitigate the
additional fire risks in the Palo Alto foothills hazardous fire zone. The modifications contained
in these amendments provide for additional precautions against fire risks and additional fire
extinguishing systems necessitated by the conditions listed in Findings 1, 2, and 3, above-
Climatic, Geographical and Topographical.
14. The local amendments contained in PAMC section 15.04.590- Life safety requirements
for existing high rise buildings- are designed to provide additional fire and life safety features in
existing high-rise buildings given the seismically sensitive geological conditions described in
Findings 2 and 3, above- Geographical and Topographical.
15. The local amendments contained in PAMC section 15.05.035- Roofguards at interior
courts provides for additional fire and life safety measures for firefighters on buildings with
unconventional lightwells. See Findings 2 and 3, above- Geographical and Topographical.
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Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Adding Chapter 16.18
of the Palo Alto Municipal Code, International Swimming Pool and
Spa Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.18 of the Palo Alto Municipal Code is hereby added to
read as follows:
16.18.010 2015 International Swimming Pool and Spa Code Adopted in Part and
Amended.
Chapters 1 through 3 and chapters 7 through 11 of the International Swimming Pool and Spa
Code, 2015 Edition, are adopted and hereby incorporated into this Chapter by reference and
made a part hereof as if fully set forth herein. The provisions of this Chapter shall constitute
local amendments to the referenced provisions of the International Swimming Pool and Spa
Code, Edition.
One copy of the International Swimming Pool and Spa Code, 2015 Edition, has been filed for
use and examination by the public in the Office of the Chief Building Official of the City of Palo
Alto.
16.18.020 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.
When the building official determines that a violation of this chapter has occurred, he/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.
16.18.030 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 exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; and (3) code enforcement officer.
ATTACHMENT H
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16.18.040 References to California Building Codes
The International Swimming Pool and Spa Code, 2015 Edition, is hereby amended to refer to
those building regulations adopted by the California Building Standards Commission in Title 24
of the California Code of Regulations, as follows:
1. Where the term “International Building Code” is used it shall be replaced with the term
“California Building Code.”
2. Where the term “International Residential Code” is used it shall be replaced with the
term “California Residential Code.”
3. Where the term “International Plumbing Code” is used it shall be replaced with the term
“California Plumbing Code.”
4. Where the term “International Energy Conservation Code” is used it shall be replaced
with the term “California Energy Code.”
5. Where the term “International Fire Code” is used it shall be replaced with the term
“California Fire Code.”
6. Where the term “International Fuel Gas Code” is used it shall be replaced with the term
“California Plumbing Code.”
7. Where the term “International Mechanical Code” is used it shall be replaced with the
term “California Mechanical Code.”
8. Where the term “NFPA 70” is used it shall be replaced with the term “California
Electrical Code.”
16.18.050 Precedence of California Building Codes.
In the event of any conflict between this Chapter and provisions of the California Health and
Safety Code or the building regulations adopted by the California Building Standards
Commission in Title 24 of the California Code of Regulations, the provisions of the Health and
Safety Code and Title 24 shall prevail.
16.18.060 Section 101.1 amended – Title.
Section 101.1 of the International Swimming Pool and Spa Code is hereby amended to read:
101.1 Title. These regulations shall be known as the International Swimming Pool and
Spa Code of the City of Palo Alto, hereinafter referred to as “this code.”
16.08.070 Section 105.1.1 added – Agreements to build; notice of provisions.
Section 105.1.1 of the International Swimming Pool and Spa Code is hereby added to read:
105.1.1 Agreements to build; notice of provisions. Any person entering into an
agreement to build a swimming pool or spa, or to engage in permitted work on a pool
or spa covered by this article, shall give the consumer notice of the requirements of this
code.
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Pursuant to existing law, the California Department of Health Services shall have
available on the department's web site, commencing January 1, 2007, approved pool
safety information available for consumers to download. Pool contractors are
encouraged to share this information with consumers regarding the potential dangers a
pool or spa poses toddlers. Additionally, pool contractors may provide the consumer
with swimming pool safety materials produced from organizations such as the United
States Consumer Product Safety Commission, Drowning Prevention Foundation,
California Coalition for Children's Safety & Health, Safe Kids Worldwide, Association of
Pool and Spa Professionals, or the American Academy of Pediatrics. [CBC 3109.4.4.4]
16.18.080 Sections 105.6.1 and 105.6.2 deleted.
Sections 105.6.1 and 105.6.2 of the International Swimming Pool and Spa Code are hereby
deleted in their entireties.
16.18.090 Section 106.1.9.2 Added – Final Approval.
Section 106.1.9.2 of the International Swimming Pool and Spa Code is hereby added to read:
106.19.2 Final Approval. Prior to the issuance of any final approval for the completion
of permitted construction or remodeling work, the code official shall inspect the
drowning safety prevention devices required and if no violations are found, shall give
final approval. [CBC 3109.4.4.2]
16.18.100 Section 107 deleted.
Section 107 of the International Swimming Pool and Spa Code is hereby deleted in its entirety.
16.18.110 Section 108 Amended – Means of appeal.
Section 108 of the International Swimming Pool and Spa Code is hereby amended to read:
Section 108 – Means of appeal. A final decision of the Chief Building Official under this
code may be appealed pursuant to the provisions of Section 1.8.8 of the California
Building Code, as amended.
16.18.120 Section 303.1.3 Added – Operating time.
Section 303.1.3 of the International Swimming Pool and Spa Code is hereby added to read:
303.3.1 Operating time. The time switch or other control mechanism shall be installed
as part of a pool water circulation control system that will allow all pumps to be set or
programmed to run only during off-peak electric demand period, and for the minimum
time necessary to maintain the water in the condition required by applicable public
health standards. [CEnC 110.4(b)3ii]
//
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16.18.130 Section 303.4 Amended – Covers.
Section 303.4 of the International Swimming Pool and Spa Code is hereby amended to read:
303.4 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant
cover.
Exception: Where pools or spas deriving at least 60 percent of the annual
heating energy from site solar or recovered energy.
16.18.140 Section 305.2 Amended – Outdoor swimming pools and spas.
Section 305.2 of the International Swimming Pool and Spa Code is hereby amended to read:
305.2 Outdoor swimming pools and spas. Other than those facilities regulated in
Section 305.8, all outdoor pools and spas and indoor swimming pools shall be
surrounded by a barrier that complies with Sections 305.2.1 through 305.7. [CBC
3109.4.4.2]
16.18.150 Section 305.8 Added – Private swimming pools.
Section 305.8 of the International Swimming Pool and Spa Code is hereby added to read:
305.8 Private swimming pools. Whenever a building permit is issued for construction of
a new swimming pool or spa, or any building permit is issued for remodeling of an
existing pool or spa, at a private, single-family home, it shall be equipped with at least
one of the following seven drowning prevention safety features:
1. The pool shall be isolated from access to a home by an enclosure that meets the
requirements of Section 305.8.1. [CBC 3109.4.4.2 #1]
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F
2286 in conjunction with a gate that is self-closing and self-latching and can
accommodate a key lockable device. [CBC 3109.4.4.2 #2]
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM F 1346. [CBC 3109.4.4.2 #3]
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool. [CBC 3109.4.4.2 #4]
5. All doors providing direct access from the home to the swimming pool shall be
equipped with a self-closing, self-latching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor. [CBC 3109.4.4.2 #5]
6. Swimming pool alarms that, when placed in pools, will sound upon detection of
accidental or unauthorized entrance into the water. These pool alarms shall
meet and be independently certified to the ASTM F 2208 which includes surface
motion, pressure, sonar, laser and infrared type alarms. For purposes of this
section, "swimming pool alarms" shall not include swimming protection alarm
devices designed for individual use, such as an alarm attached to a child that
sounds when the child exceeds a certain distance or becomes submerged in
water. [CBC 3109.4.4.2 #6]
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7. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1-4, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or ASME. [CBC 3109.4.4.2
#7]
Exceptions:
1. This section does not apply to any facility regulated by the State Department
of Social Services even if the facility is also used as a private residence of the
operator. Pool safety in those facilities shall be regulated pursuant to
regulations adopted therefor by the State Department of Social Services.
[CBC 3109.4.4.6]
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-
89. [CBC 3109.4.4.5 #2]
16.18.160 Section 305.9 Added – Enclosure.
Section 305.9 of the International Swimming Pool and Spa Code is hereby added to read:
305.9 Enclosure. The enclosure for private swimming pools shall have all of the
following characteristics:
1. Any access gates through the enclosure open away from the swimming pool and
are self-closing with a self-latching device placed no lower than 60 inches (1524
mm) above the ground. [CBC 3109.4.4.3 #1]
2. A minimum height of 60 inches (1524 mm). [CBC 3109.4.4.3 #2]
3. A maximum vertical clearance from the ground to the bottom of the enclosure
of 2 inches (51 mm). [CBC 3109.4.4.3 #3]
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4
inches (102 mm) in diameter. [CBC 3109.4.4.3 #4]
5. An outside surface free of protrusions, cavities or other physical characteristics
that would serve as handholds or footholds that could enable a child below the
age of five years to climb over. [CBC 3109.4.4.3 #5]
16.18.170 Section 310.2 Added – Construction Requirements for building a pool or spa.
Section 310.2 of the International Swimming Pool and Spa Code is hereby added to read:
310.2 Construction Requirements for building a pool or spa. Whenever a building
permit is issued for the construction a new private swimming pool or spa, the pool or
spa shall meet all of the following requirements:
1. The suction outlet of the pool or spa for which the permit is issued shall be
equipped to provide circulation throughout the pool or spa as prescribed in
Paragraph 2.
2. The swimming pool or spa shall have at least two circulation drains per pump
that shall be hydraulically balanced and symmetrically plumbed through one or
more "T" fittings, and that are separated by a distance of at least three feet in
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any dimension between the drains. Suction outlets that are less than 12 inches
across shall be covered with antientrapment grates, as specified in the
ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of
tools. Slots of openings in the grates or similar protective devices shall be of a
shape, area and arrangement that would prevent physical entrapment and
would pose any suction hazard to bathers.
3. Any backup safety system that an owner of a new swimming pools or spa may
choose to install in addition to the requirements set forth in subdivisions (1) and
(2) shall meet the standards as published in the document, "Guidelines for
Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363,
March 2005, United States Consumer Products Safety Commission.
4. Whenever a building permit is for the remodel or modification of any existing
swimming pool, toddler pool or spa, the permit shall require that the suction
outlet of the existing swimming pool, toddler pool or spa be upgraded so as to
be equipped with an antientrapment cover meeting current standards of the
American Society for Testing and Materials (ASTM) or the American Society of
Mechanical Engineers (ASME).
Authority: Health and Safety Code Section 18942(b)
Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925);
AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.XXX)
16.18.180 Section 316.2.1 Added – Construction Requirements for building a pool or spa.
Section 316.2.1 of the International Swimming Pool and Spa Code is hereby added to read:
316.2.1 Certification and Installation.
(a) Certification by manufacturers. Heating systems and equipment shall be certified by
the manufacturer that the heating system and equipment complies with the
following:
1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency
Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of
Regulations; and [CEnC 110.4(a)1]
2. Instructions. A permanent, easily readable and weatherproof plate or card that
gives instruction for the energy efficient operation of the pool or spa heater and
for the proper care of pool or spa water when a cover is used; and [CEnC
110.4(a)3]
3. Electric resistance heating. No electric resistance heating; and
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated
enclosures, and with tight-fitting covers that are insulated to at least R-6.
Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60
percent of the annual heating energy from site solar energy or recovered
energy. [CEnC 110.4(a)4]
(b) Installation. Any pool or spa system or equipment shall be installed with all of the
following:
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1. Piping. At least 36 inches of pipe shall be installed between the filter and the
heater or dedicated suction and return lines, or built-in or built-up connections
shall be installed to allow for the future addition of solar heating equipment.
[CEnC 110.4(b)1]
2. Directional inlets. The swimming pool shall have directional inlets that
adequately mix the pool water. [CEnC 110.4(b)3i]
16.18.190 Section 504.1 Amended – Emergency shutoff switch.
Section 504.1 of the International Swimming Pool and Spa Code is hereby amended to read:
504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to
disconnect power to circulation and jet system pumps and air blowers. Emergency
shutoff switches shall be clearly labeled, accessible, located within sight of the spa and
shall be located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm)
horizontally from the inside walls of the spa. [CElecC 686.41]
SECTION 2. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION3. 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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160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Adding Ch 16.16 Intl Pool Code
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:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Chapters
16.36 (House Numbering), and 16.40 (Unsafe Buildings) of the Palo
Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 16.36.060 (Display of numbers required) of Chapter 16.36
(House Numbering) of Title 16 (Building Regulations) of the Palo Alto Municipal Code Unsafe
Buildings is hereby amended to read as follows:
No owner, occupant, lessee, tenant or subtenant of any building having an entrance
which fronts on a public street shall display any number of such building or entrance
thereto other than the proper number designated by the building official. Such
designated number shall be placed upon or immediately above or to one side of the
door, gate, post or entrance to such building or in some other conspicuous location as
provided in this Chapter or Chapter 16.04.
SECTION 2. Section 16.40.020 (Substandard Residential Building Defined) of Chapter
16.40 (Unsafe Buildings) of Title 16 (Building Regulations) of the Palo Alto Municipal Code
Unsafe Buildings is hereby amended to read as follows:
The term "substandard residential building" shall mean any residential building including
any dwelling unit, guest room, or suite of rooms or the premises on which the same is
located, in which any of the following conditions exist to an extent that endangers the
life, limb, health, property, safety or welfare of the public or the occupants thereof:
(a) Structural unsoundness, including:
(1) Weakened or deteriorated footings.
(2) Footings of insufficient size to carry imposed loads with safety.
(3) Defective or deteriorated flooring or floor supports.
(4) Flooring or floor supports of insufficient size to carry imposed loads with
safety.
(5) Members of walls, partitions, or other vertical supports that split, lean, list,
or buckle due to defective material or deterioration.
(6) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members which sag, split, or buckle due to defective material or
deterioration.
(8) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members that are of insufficient size to carry imposed loads with safety.
ATTACHMENT I
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
(9) Fireplaces or chimneys which list, bulge, or settle, due to defective material
or deterioration.
(10) Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety.
(b) Improper materials of construction, including all materials except those specifically
allowed or approved by this code.
(c) Fire hazard, as defined in Title 15 of this code.
(d) Nuisance, as defined in Chapter 9.56 of this code.
(e) Improperly weatherproofed, including:
(1) Crumbling, loose, or failing plaster.
(2) Broken windows or doors.
(3) Defective or lack of waterproofing for wood frame walls.
(4) Defective or weathered exterior wall covering due to lack of paint or other
approved protective coating.
(5) Defective or lack of waterproofing for wood frame roofs.
(6) Broken, split, decayed, or buckled exterior wall or roof covering.
(f) Defective wiring, including all wiring except that which was legally installed in
compliance with the Palo Alto Electrical Code in effect at the time of installation
and is still maintained in good condition.
(g) Defective plumbing, including all plumbing except that which was legally installed in
compliance with the Palo Alto Plumbing Code in effect at the time of installation
and is still maintained in good condition.
(h) Defective heating and ventilation devices and accessory vents and piping, including
all such devices and accessory vents and piping except those which:
(1) Were legally installed in compliance with this code in effect at the time of
installation and are still maintained in good condition; and
(2) Are properly vented as required by this chapter.
(i) Improper sanitation and safety, including:
(1) Lack of one bath, lavatory and water closet in a dwelling unit.
(2) Lack of one bath, lavatory and water closet either serving each ten guest
rooms, or serving each twenty guests if housed in less than ten guest rooms.
(3) Lack of kitchen sink in the kitchen of a dwelling unit.
(4) Lack of running water to sink, bath, water closet and lavatory in a dwelling
unit.
(5) Lack of running water in bath, water closet and lavatory guest rooms.
(6) Lack of heating device to provide hot running water for bath and kitchen
sink in a dwelling unit.
(7) Lack of heating device to provide hot running water for the baths serving
guest rooms.
(8) Lack of adequate electric lighting.
(9) Lack of adequate heating system.
(10) Window areas or ventilation less than that required by this chapter.
(11) Room areas, ceiling height and cubic air space less than those required by
this chapter.
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
(12) Damp, wet rooms used for living purposes.
(13) Infestation with insects, vermin and rodents, when so determined by the
health officer.
(14) General dilapidated condition and not maintained as required by this
chapter.
(15) Improperly enclosed or unsanitary underfloor area.
(16) Improperly ventilated or reduced height of underfloor area.
(17) Improperly ventilated cooking facilities.
(j) Exits, including:
(1) All doors, passageways, stairways, and courts which do not comply with the
provisions of this chapter.
(2) Lack of access to each dwelling unit, guest room, or suite of rooms without
passing through some portion of another dwelling unit, guest room or suite
of rooms.
(k) Lack of, or defective fire protective equipment, where required by this chapter.
(l) Any building which is occupied by a residential occupancy for which it was not
designed or intended.
(m) Visible mold growth, as determined by a health officer or a code enforcement
officer, except mold that is minor and found on surfaces that accumulate moisture
as part of their proper functioning and use.
(n) Any residential building which constitutes a "dangerous building," as defined in this
code.
(o) Any residential building which constitutes a substandard building under the
California State Housing Law, Section 17920.3, as it may be amended from time to
time.
SECTION 3. Section 16.40.040 (Dangerous Buildings Declared) of Chapter 16.40
(Unsafe Buildings) of Title 16 (Building Regulations) of the Palo Alto Municipal Code Unsafe
Buildings is hereby amended to read as follows:
All buildings or portions thereof which are determined by the building official to be
dangerous or substandard as defined in this chapter are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedure in this Chapter or Chapter 9.56 (Abatement of
Nuisances).
The procedure provided in this Chapter shall be cumulative and in addition to any other
procedure or procedures provided in ordinances of this city or by state law for the
abatement of any of the conditions described in this Chapter, and abatement under this
chapter shall not prejudice or affect any other action, administrative, civil, or criminal,
for the maintenance of any such condition.
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
SECTION 4. Section 16.40.060 (Notice and Order of Building Official) of Chapter
16.40 (Unsafe Buildings) of Title 16 (Building Regulations) of the Palo Alto Municipal Code
Unsafe Buildings is hereby amended to read as follows:
(a) Building Official to Commence Proceedings. Whenever the building official has
inspected or caused to be inspected any building and has found and determined
that such building is a dangerous building, he may commence proceedings to cause
the repair or rehabilitation of the building or, if he finds that repairs or
rehabilitation are impracticable, to cause the vacation and demolition of the
building.
(b) Notice and Order - Contents. To commence proceedings under this Section, the
building official shall issue a notice and order directed to the record owner of the
building and the person, if any, occupying or otherwise in real or apparent charge
and control of the building. The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of the
premises on which the building is located.
(2) A statement that the building official has found the building to be dangerous
and a public nuisance, with a brief description of the conditions which render
the building dangerous and a public nuisance under the provisions of
Sections 16.40.010 through 16.40.040 of this chapter, including, whenever
an order to vacate and demolish is given, a finding that repair or
rehabilitation is impracticable, with a brief statement of the facts upon
which such finding is based.
(3) An order to secure permits and physically commence elimination of the
described conditions within a reasonable timeframe as determined by the
building official or, if repair or rehabilitation has been found impracticable,
to vacate the building and commence demolition and complete demolition
within a reasonable timeframe as determined by the building official.
(4) A statement advising that if the required repair or demolition work is not
commenced within the time specified, the building official will order the
building vacated and posted to prevent further occupancy until the work is
completed, and may proceed to cause the work to be done and assess the
costs thereof against the property.
(5) A statement advising that any person having any record title or interest in
the building may appeal from the notice and order, or any action of the
building official to the city council, provided the appeal is made in writing as
provided in this section, and filed with the building official within fifteen days
from the date of service of such notice and order.
(c) Persons Served. The notice and order, and any amended notice and order, shall be
served upon each person to whom it is directed, and one copy thereof shall be
served on each of the following: the holder of any mortgage or deed of trust or
other lien or encumbrance of record; the owner or holder of any lease of record;
and the holder of any other estate or interest of record in or to the building or the
land on which it is located. The failure of the building official to make or attempt
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
service on any person required herein to be served shall not invalidate any
proceedings hereunder as to any other person duly served from any duty or
obligation imposed on him by the provisions of this section.
(d) Method of Service. Service of the notice and order shall be made upon all persons
entitled thereto either personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested, to each such person at his
address as it appears on the last equalized assessment roll of the county or as
known to the building official. If no address of any such person so appears or is
known to the building official, then a copy of the notice and order shall be so
mailed, addressed to such person, at the address of the building involved in the
proceedings. The failure of any such person to receive such notice shall not affect
the validity of any proceedings taken under this section. Service by certified mail in
the manner provided shall be effective on the date of mailing.
(e) Proof of service of the notice and order shall be documented at the time of service
by a declaration under penalty of perjury executed by the person effecting service,
declaring the time and manner in which service was made. The declaration,
together with any receipt card returned in acknowledgment of receipt by certified
mail shall be affixed to the copy of the notice and order retained by the building
official.
(f) At the time the notice and order is served the building official shall file in the office
of the county recorder a certificate legally describing the property and certifying
that the building is a dangerous building and the owner has been so notified.
Whenever the corrections ordered shall have been completed or the notice and
order reversed, modified or set aside by the city council upon appeal, so that the
building no longer exists as a dangerous building on the property described in the
certificate, the building official shall file a new certificate with the county recorder
that the building has been demolished or removed or is no longer dangerous.
SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 6. 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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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
SECTION 7. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services