HomeMy WebLinkAbout0222.092'-'-' "'r-
~,,--.l
L
April 30, 1992
HONORABLE CITY COUNCIL
palo Alto, California
Adoption of the 1991 Editions of the Uniform Building,
Mechanical and Plumbing Codes and Repeal of the Palo A)to
Mkoicipal code -Chapters 5.04. 5.08. 5 .. 19 and 16.12:.
Members of the council:
Report in ax i ef
The Model Codes are ~pdatea on a triannual basis and mandated by
the state of California for e~forcement by all local jurisdi0tio~s.
Adoption of the attached ordinances will implement the 1991 Uniform
Codes. council is also requested to repeal four antiquated or
redundant municipal chapters that have be-en rl3placed' ... ith :le'W or
improved regulations.
p..i.§;cussiQn
Every three years, new editions of the uniform Suil.dinq, Mechanical
and Plumbing-Codes are published. Staff has revie-'Wed them
tho:ouqhly for any needed changes, additions and deletions. Copies
of the codes are available for public review in the City Clerk's
Office.
A State regulation req~ires that the Uniform Building, Mechanical
and Plumbing Codes become effective in local jurisdictions on
July 1, 1992, with or without action by the local jurisdiction.
State law requires that nay local amendments to the model codes
affectinq housing be based on local climatic, geologic, Qr
topographic condit.ions. Previously adopted amendments ..,i11 be
retained and are included in the ordinances. Additio~al
recommended amendments are to Uniform Building Code {UBC} Appendix
Chapter 12 Division III, regarding s~imming pool security systems.
A unique requirement of State law affects IDodel code adoption. A
public hearing I if held, is to be heard at tl'le time of second
reading~ Therefore, the public hearing 'Will be on May 18~ 1992.
CMR:222:92
L
~ ...
t ,
.: I,
r
In addition to the adoption of the uniform codes. staff is
recommending tho.t four existing Palo Alto Municipal Code (PAMC)
chapt~r3 be deleted. These chapters are antiquated or redundant
and no longer follow current enforcement procedures.
The chapters recomroended for deletion are~
L
2.
3.
4.
Chapter 5.04
Chapter 5.08
Chapter 5.10
Chapter 16.12
Milk and Milk Products.
Restaurants and Food Esta~lishments
Drive-In Restaurants
Private Swimming Pools
~letion of PAMe.Chapters
In the 1960's~ the City of Palo Alto transferred the enforcement of
all health code regulations to the County of santa Clara. The
County employs sanitarians an.d other qualified individuals to
regulate dairy and food processing establishments. The regulations
contained in PAMe Chapters 5.04 and 5.08 are duplicated by County
reg'.Jlations. All applications (plans) for food service
estab!ishments are submitted to, and must be approved by. the
county prior to applying for city building permits.
Chapter 5410, Drive-In Restaurants, is a set of antiquated
regulations that cont~ol the 1960's "American Graffiti" style Qf
eating establishments. The current mandatory Use Permit~
Architectural Review Board review and the Noise ordinance make the
standards unnecessary. The Police ~partment concurs with the
~epeal of Chapter 5.10.
Chapter 16.12, Private sw~mm~ng pools, establishes enclosure
(renee) requirements for sWlmm~nq pools maintained in connection
with a single family residence. Appendix Chapter 12, Division III,
of the Uniform Building Code corltains mo!'e comprehensiv.c enclosure
require:nents (a t tached) .
~~ndme!1t to the Uniform euilding Cog~
Staff recommends that UBC Appendix Chapter
amended as detailed in the attached ordinance.
amendments are:
12 Divisicn III be
The reasons for the
1. The scope of the enclosl're
swimming: pools aSlSociated 'With
single family residences.
requirement should apply to
multifamily projects as well as
'2. The enclosure requirements should apply to all l:'l.ot tubs and
spas and not depend on the method of providing :electrical
power •
. CMR:222: 92
L
04/30/92
2
~---
L
3. Hot tubs and spas that incorporate an approved lockable cover
should be exempt from th~ ~nclosure re~lirements.
4.
5.
section 1232(C)9 is controversial.
This section of the UBC requires that all doors that open to
a pool ar~~ be equipped ~ith an alarm if the structure forms
a portion of the pool enclosure. The high majority of pool
installations folloy the cc~figuration with a swimming pool
visible from a dining room, family room, living room or other
portion of the house. In this case all doors and scree.n doors
~ould have to be alarmed. staff recommends that this section
not be adopted as part of the Palo Alto Municipal code for the
following reasons;
A. If an individual wanted this extra level of safety they
could install the alaI"lll system.
B. Pools are
complete.
usually constructed after a building is
The alarm system would have-to be retrofitted.
c. It is anticipated that the majority of homeowners would
treat the alarm system as a nuisance ~nd disable the
system.
D. The majority of 8ay Area. jurisdictions are not
recommending this item for approval.
section 1243 (b)
indoor pool s .
deleted.
would require the alarm provisions on all
Staff recommends that this i te-l!'. also be
EnvirOnmental Impact A_ssessment
Adoption of the new editicns of the Ur,ifo:;:m Codes \rIill
significant adverse impact on the physical environment.
stud.y recommending a n2gative declal'"ation is attached.
RecommendatiQD
not have a
An initial
staff recommends that Council approve tt~e attached ordinances:
Adopting the 1991 Editions of the uniform Building, Mechanical
ancl Plumbing Codes ~ith retention af previously adopted city
amendments plus amendments deleting portions of USC Appendix
Chapter 12 Division III; and
Repealing Chapters 5.04, 5.08, 5.10 and 16.12 of the Palo Alto
Municipal Code.
CMR:222:92
L
04/30/92
3
o
~..db£ ~>i'~
RENNETH R. SCHREIBER
Director of Flan~in9 and
co~~nity gnviro~ent
--
-",,..-.-------
L
Environ~ntil Documents -City of Palo Alto
ENVIRONMENJAl ASSESSMENT
Project Description/Tith: AdO?tioll of the 199I.. editions of the UnifQl:!!L __
Bl1ilding Code. Met.hanjC'a~ Code ilnd _Plumn5_'""Q'--"C"od"'e ... ' ___ _
loca t i on/Addres s: ~C=i t=)::,,::, d~.~========= ___ .-::..-::.-::._=_----'---
Sponsoring A9E!nCYIApp1ir:~71t: Cih of Palo A1t('
Address and Telephone of AppTicant: ~amiltQn Avenue. Palo Alt~. CA 743Q3
Phon,: (4151 329-2679
Application fol"': Adoptiorl of Uniform Bunding ConstructiM Codes
(e.g .• lon'ing change, subdivision of property, uchitectural revjew~ use
permit)
Zoning at Project location: I":/a Fee Receipt No,: ---------
~Ql1(LOF DETEBMIN~TlON
Based upon review of the project files. tne undersigned member of the Planning
Department has concluded:
IXI Negative Declaration: The project ha. roO significant environment.l
impact. No Environmental Impact Report is required. The reasons for a
Declarati.an are: in the attached descrjption. A record of cro~.t __
act; en is a_vail abl e for rev; ew nat t_hc Palo Alto Pl anni_ns_4'J!partmeot.
located on the 5th floQr of Citv Hall. 250 Hamilton Avenu~, hla Alto,
Cal Hornia_ _ ___ _
[I The project lTIay have a signific:lnt environmental impac.t. An
Environmental Impact Report will be prepared_
Planning Department O~ial: _~ rJ. r.Q", ...
Planning Director: 6~ s./;l~_ Date: 't/<i'/q~
The project has been approved.
The project has been denied.
Revised B/I/79
L
D.t. :
Date:
File No.: ...2LElkl_
-
o a
Adoption of the 1991 e<1it,cns of the Uniform Build'i.ng Code, Plum.b~ng Code and
Mechanical Cod~ will not ~aye a significant adv~rse environmental effe(t on
tha physical environment.
The Unif{)rtII construction codes were developed to estab1is~ mir1;mum building
standards to assure pub' ic safety~ bunding stab11 ity an6 proper fUilction cf
mechanical and ejectrical Sjstems~ New editions of these code; include
ime7'ldmen'ts which are diT1!cted at increasing the public safety by improving
construction methods.
Ad~ptfQn of these codes should inst~ad have a
environment by upgrading construction methods
and improving pub1ic safety.
EIANOD
beneficia' imp~ct on the
nquired of a n~w development
92-ElA-)
Page 1
I
I
L
0RDINANCE NO ..
ORDINA.).JCE OF 'THE COUNCIL OF THE CITY oF' PALO ALTO
ADOP71NG ~HE 1991 EDITIONS OF THE UNIFORM BUILDING
CODE AND THE UNIFORM MECHANICAL CODE ~~D &~ENDING
CHAPTER 16.04 OF THE PALO ALTO MUNICIPAL CODE
The Council of the City of Palo Alto does ORDAIN as
follof.i5 :
~.Q1Ll. Chapter 16.04 ot the Palo Alto Ml.I.nicipal Code
is hereby amended as follows:
1.5.00&.01.0 Uniform Buildi1l9 Co4& a,oopt.ed--Sbort. title. The
"Ul".iform Building Code, ~9-&8--;:a:g,91 'Edition,'" promulgated by the
International Conference of Building Officials, 5360 South Workman
l'!I.ill Road, Whittier, California, 90601, which is dedicated to the
development of better building construction and greater safet)r to
the public by uniformity in building laws, is adopted, including
the appendix, and by this reference is made a part of this code
with the same force and effect as tho~gh set c~t in this chapter in
full. A copy of the Uniform Builaing Code is on file and open to
public inspection in the office of the city clerk.
16" o. ~ 020 ~~I:'~_:, -;Uliltorm Mechanic«l Co~e ... .10pted. The
"Uni£orIII Mechanical' Code, ~1$9~ -:Edi tion, f!' promulgated by the
International Association of Plumbing' and Mechanical Officials, Los
Angeles r California. and International Conference ,of ?uil~in9
()_fficial&, Whittier, california, including Al'l'efltiix C t;hfiil':apJlf!:ndi-
~,~i:;thereof, which regulates and provide:; complete requirements for
the installation and maintenance of heating, ventilating, comfort
cooling and. refrigeration systems, is adopted and by reference. made
a part of this code with the same force and effect as though set
out herein in full. A copy of the Uniform Mechanical Code is on
file and open to public inspection in the office of the city clerk.
Ui. 04.025 section 10" {~) a4ded--Exceptiens. Exceptions are
added to section 104(b) to read:
Exception 1. Additions, alterations and repairs:
More than fifty percent (50%). When additions, alterations, or
repairs within any twelve (12) month Fed,ad exceed fifty percent
{sot) of the value of an existing building or structure, such
building or structu,re shall be made to conform to the requirements
of section ~~330_ for new buildings or structures. Value shall
be determined from the cost per square foot table in the most
current issue of Bu.il-_'Ung Standards, publ ished by the International
Conference of Building Officials.
E.~ception 2:. In existing buildings, when a permit is
issued for alterations or repairs, the existing suspended ceiling
system ~ithin the area of the alterations or repairs shall meet-&&G
StaAaafd '7 l~ ASTM stanaards C635 and C630.
1
92042i jam OOJ{l444
L
i
I
I
.-
1&.04.030 Seeti.oll ;.:0.1 &.II.Dde~--:oivi.iQn of lr.speetion&l
•• rvieea establiabed. Section 201 Qf the Unito", Building Code is
amended to read:
section 201. Division of I~spectional Servic~s
Established. There is hereby C!:3tablished in the City a
DivisiDn of Inspectional Services ~hich shall be under th$
supervision of the Building Official ~ha shall be account
able to the Director of "'lar.ning and communi t:t En~Jironmer.t.
~'herever the term "Building Inspector" is used in this
code, it shall mean the "Buildjng Official.~
l'.04.0~O s~ction l02 amande4--Povera and duties of
building ofticial. Section 202 af the Uniform Bu ilaing Code is
amended to read:
Section 202. Powers and D"..lties of Building Official.
(a) Gene~al~ The Building Official shall be the executive
and administrative head of tt .. E: Division of Ii1sp~ctiGndl
Services and shall exercise supervision over all its
activities. In case of his absence or inability to act,
the Director of Planning and COIIIl!!uni ty Environment may
assign someone to act in his stead~
Tba Division or Inspectional Services shall have the
power and duty to enforce all of the provisions of this
code, the Electrical Code, Plumbing code, Mechanical Coder
ns"ttSiRg-Geae, and the zoning ordinance and any ordinance
~egulating advertising structures or signs, and such other
ordinances as may be adopted from time to time in which
further dutie:; are specifically as:.;igned to it. No
oversight or direction on the pa-:.-t of the Building Official
shall make lawf~l any violation of any of the previsions ot
any ordinance of the City of Palo Alto.
(0) Appointments~ The City Manager shall have the
power to appoint, remove, and discipline all officers,
inspectors, assistants, deputies and employees as shall be
necessary and a.uthorized fer the efficient conduct and
operation of the Division of Inspectional Services.
(c) Reports and Records. The Building Official shall
submit a report to the City Manager not less t.han once a
year { covering the ... orx ot the departroer::t dcring the
preceding period. He shall incorporate in said report a
summary of his recommel1.dation as to desirable amendiDe.nts to
this code.
The Building Official shall keep a permanent, accurate
account of all fees and ot.her m9f1'3,9 monies collected and
received under this Code, the na~es of the persons upon
'WhOSe account the same 'Were paid, t:t'oe date and aI:lount
thereof, together with the location of the building of
premises to which they relate~
-r" -'
L
\d) Right of Entry. wtlen'2Ver necessary to make
inspection to enfor<;e any of the provisions of this Code ..
or ~henever the Building Official or his ~uthorized
representative has reasonable cause to b~li~ve that there
exists in any building or upon any premises any condition
or cOOP.. violation which makes such buildi:1g: or premises
unsafe, dangerous or hazardous, the Building Official or
his authorized representative may enter such building or
premises at all reasonable times to ir.spect the same or to
perform any duty imposed upon the Building Official by this
Code, prO'\~ided that if such building or premises be
occupied, he shall first present proper credentials and
request entry; and if such buildinq or premises be unoccu
pied, he 9hall first make a reasol"'.able effort to locat.e the
owner or other persons having charge or control of the
building or premises and request entrl~ rf such entry is
refused, the Building Officia.l or his a 11tl1orited represen
tative shall llave recourse to every remedy pr-:::V'ided br la'W
to secure entry.
Wl'1en the Building Official or his authorized repJ:'"esen
tative shall have fi~st obtained a proper inspection
warrant or other remedy provided by law to secure entryr no
owner or occupant or any other persons having charge, care
or control of any building or pre~ises shall fail, after
propEr request is made as herein prcvided t to pro-mptly
permit entry therein by the Building Official or his
authoriz.ed representative for the purpose of inspection and
examination pursuant to t~"lis Cede.
(eJ stop Order. Whenever any 'Work is being done
contra.ry to the provisions of this Code, the Building
Officia.l may order the work stopped by notice in ¥riting
served on any persons Engaged in the doing or causing such
work to be done, and any such persons shall forthwi~h stop
such 'Work until authorized by the Bu.ilding Official to
proceed with the ~crk.
(f) Occupancy Violations~ Whenever any structure is
being used contrary to the provisions of this Code or any
othe~ city ordinance~ the Building Of~icial ~ay order such
use discontinued and the structure, or portion thereof,
vacated by notice served on any person causing such use to
be continuad. Such person shall discontinue the use within
ten ,lO} days after receipt of such notice or make the
structure, or portion thereof I comply ...... ith the requirements
of this Code or applicable ordinance; provided, ho~ever,
that in the event of an unsa!~ building/ Section 203 shall
apply.
(g) ~!j.dministrative Immunity frotll Liability. The
Building official, or any officer l agent or employee of the
City charged with the enforcement of this Code I acting in
good faith and 'Without malice for the City in the discharge
of his duties, shall not thereby render himself liable
3
L
personally and he is her9by relieved fro::n all personal
1 iability tor any damage that may a.;::crue to perscns or
property as a result of any act re~ired or permitted or b~'
re.ason of any omission in the discharge of his duties. Any
suit hrought against the Building 0fficial, any officer,
agent or employee of the city as a result of any act
required or pernitte.d i~ the d:lscharge of his dut.ies, or by
reason of any act vr omission by hilt in the enforcement of
any provisions of this Code shall be defended by the City
~ttorne)! until final deterroinati,;:m of the proceedings.
(h) Cooperation of Other Officials. Tbe B''.Jildinq
Official may request, :and shall receive 5'0 f~r as may be
necessary in the discharge of his duties, the assistance
and cooperation of other officials of the City.
The employees of the Fire and Police Departments shall
~ake a report in ~riting to the Building Official of all
buildings or structures which are, may be, or are suspected
to be dangerous buildings ~ithin the terms of this Code.
Such reports must be del ivered to the Building Official
within t'Wenty-four (24, hours of the discovery of such
buildings by any employee of the Fire or Pol ice Departu.ent.~
(i) Authority to Require Exposure of Work. Whenever
any r,.·ork, in which called inspections are required by this
Code, is covered or concealed by additional work without
first having been inspected, the Building Official may
require, by written notice, such work to be exposed for
examination. The work of exposing and recovering shall not
entail expense to the City.
(j) Authority to St.op Use or Occupancy. Whenever any
portion of a building is loaded in excess of the loading
for 'Which it was constr..lcten or whenever it houses an
occupancy other than that for which it was constructed or
wh<:never there is an encroachment upon any requir-ed court
or yard, the Building Official shall order, by written
notice, that such viOlation be discontinued.
The written notice shall state the nature of the
violations a~d shall fix the time for the abatement
thereof. If the violations ha~e nat been abated by the
expiration of the fixed time, the certificate of occupancy
shall thereupon be null and void.
16.04.050 Sections 203 throuqb 205 Oeleted. Sections 203
through 205 of the Uniform Building Code are deleted.
l.'. 04. 060 Violations--Penalties. It is unla .. ful for any
pErs~n, firm, or corporation to erect, construct 1 enlarge, alter,
repalr. move, improve, remove, convert or demolish~ equip, use l or
QCcupy or maintain any building or structure in the City, or cause
or permit the same to be done, contrary to or in violation of any
of the provisicns of this building code.
4
\.
~ . \~'.
Any person: fit'III, or corporation violating any of the
p!"vYisions of this building code is g'J.il ty of a misdezoeanor, ar.d
such person is guilty of a separate offense for each and every d~y
or portion thl?reof during which any violat:ion of any of the
provisions of this building code is committ-ed, continued, or
permittelj, oilnd upon cC'·nvicLion of any such violation such person
shall be punished as provided in subsection (a) of Sectior. 1. 08. 010
of the Palo Alto Municipal Code.
16.04,070 !nfcrceeent--citation authority. The employee
pcsitions deslgnated in this section may enforce the provlsicns of
this chapter by the issuance of citati-ons; persons employed in such
positions are authorized to exercise the authority provided in
Penal Code section 635.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are:
(1) chief building official; (2) assistant building official: (3)
building inspection supervisor; and (4) ordinance compliance
inspecto:r~
16. 04 ~080 Recordation of building coda viCllatlon8. When
the chief building official detp.rmines that a violation of this
chapter has occurred, he may record a notice of pendency of code
violatipn ... ith the Office of the County Recorder stating the
address and owner of the property involved. When the violation has
been corrected., the chief building officiC'l.l shall issue and record
a relea~e ot the notice of pendency of code violation.
1&.04.010 S.etion 301 amen4e4--Permita required. Sectic~
301 of the Uniform Building Code is amended to read:
"L
Section ')01. (a) Permits Required. ta+-It shall
be unlawful for any person, firm, or corpor3tion to erect,
~onstruct, enlarge, alter, repair, move, improve, remove,
convert, or-demolish any building or str.Jcture req'..llated by
this Code, exc.ept as specified in Subsection (b) of thi ..
section 301 of 'the Uniform Building Code, or cause the same
to be done ~ith~ut first obtaining ~ separate permit for
each building or structure from the building official. Any
violation hereof shall be a misdemeanor punishable as set
forth in Section 16.04.060.
(b) Exempted Work. A building pel-rnit ~ill not be
required for the following:
1. One-story detached accessory buildings used
as tool an~ storage sheds, playhouses an.:! similar uses,
provided the projected roof area does not exceed 1:20 feet.
2. Oil derricks.
3. Moveable commercial and industrial cases,
counters and partitions not over five (5} feet high.
4. Retaining ~alls which are not over four (4)
feet in height measured from the bottom of the footing to
5
i
I
r -
I
-
ths top of the W'all, unle5s supporting a surcharge or
imPOl1n,~.ing flammable 1 iquids.
5~ 1Nater tanKS supported directly upon grade if
the capacity does not exceed 5, 000 gallDns and the ratio of
height to diameter or ~idth does not exce~d two to one.
6. Fainting. papering and similar finish ~ork .
.,. Tell'l?orary l::lotion picture, television arid
theater stage sets and scenery.
B. Window awnings supported by an exterior wall
of Croup R, Division '3, ar.d Group M Occupancies "'hen
projecting not more than that permitted by the zoning
crd;'nance~
Unle~s cther~ise
plumbing, electri~al,
required for the above
exe!!',pte<i 1;)y this. Code,
and mechanical permits
exempted items.
separate
.... ·ill be
Exe1!lption from the permit require.ments ot this Code
shall net be deemed to 9t"ant authoriz:at j ':In for any work to
be done in any manner or in violation of the provisions of
this Code or any ether laws or ordinances of this jurisdic
tion.
~i$'~O".100.8.<::ti<!" 30t (I, 1IlI!..1l4.d-~l!JqJir&t.ion. SUbsection
fd)i:i~,'~,~o:j3{),~.<?ftl!e Illlffora Building Code is amended to read'
L
(dfEVer)' permit issued by the bUildingoftic1al
\'tl1d&,r, t"'''' p.rovision';"o-f thi~ code shall expire by;:lilaita
t,i."Il"'and 'becollle.lIull and void .it the buildingof,rorX ~~1!i;ied,'by"such,permit is not, cOmDlenced witl\.in 1.80: .. .,'ays
~:1:o'f-,the:-diJte ,ot such, permit" or it' the buil.ding or, 'Work
atlthorized:by" euch permit is suspended or al::iandoned at any
t;i.:nei:-after the 1fork is commencea or a period of 1.80 clays. ..
JjefO,¥:e ,such work can be recommenced, a new' permit shal..l be
fi,rs:t:, obtained to do $O#, and the fee therefore :Shall be one
hftl,f; :th,e' amo;unt: required for' a new permit for such w.ork,.
p~j~ed,lio,,:Cba:n9'es have been macJe or wi~l be made"in the
Q;I;'lgirial,':plans :and' spacifications tor such work:-and
ptav,ided_ ,ftL..-ther that .such suspension or abandonment has
t:l~t:,''',ex~eeded, one year. .In crder-to renew action on a
~r;:dt" after ,one l?ear .. the penlittee eha~l pa:f a new full
~."",itfee .
,~y ,p~ittee holding an une.xpired permit may apply
£o,t:_>i!n."~xt-ension of the time within which .. ark may commence
~,nd,er,,~hat' permit when the permittee is uT'.able to commence
lto,rk, l(,.t.tt;,in the ,t;i.»e 'requiretl by this 6ection' £pr gOod and
3i$tisfactory'rQtlsQns. The building official -may eA~i!lnd the
~.l"",.:tor .act;lon. by the permittee for a periOd not exceeding
.;tsO"oays ,'on written request by the perlnittee showing that
circUlllStances :beyond the control of the permittee have
" ,
~iOrited act~'mfrQll1. beinq taken.
~ed :1f\Qre than once; ..
l'Ql: 't;bepurpose of tIIis. section, failure to prc><fr8ss
ji.l\i;:Oj .. cttotheneJ<t level of required inspe,ctlon shaUl><>
iiio<!~t"l>e al:>anaonmem. <>t the project.
u. o •• ~*1Q~ section 303 (f) dda4--OelIolition permit •.
Subsection (f) is added to section 303 of the Uniform Building Code
to read:
(f) Demolition Per:J'lits. In addition to ot..;'er
requirements of law, every person seeking a de-molltion
pe:na.it for a unit used for-residential rental purposes
shall furnish an affidavit or dsclaration under penalty of
perjury that ~he 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 pol-t.ion of
such a urdt until each and every J:.·ortion has been vacated
by all tenants lawfully in possession thereof on the date
of issuance of i1 demolition permit I or wh:. have become
l~~ful tenants s~sequent there~o.
1'.OC~1~Q BectioD 303(q) &~~.4--Demolition per.its-
Replacesent of .tructures. Subsection (g) is added to Section 303
of the Uniform Building Code to read:
(q) Demolition Permits--Replacement of Structures.
In addition to other requirements of law regarding demoli
tion and building permits ar.d in addition to section 303(f)
above I every person seeking a demolition permit for a unit
last used for residential purposes shall, prior to the
issuance of a delnolition permit, apply for and receive a
building permit for proposed replacement of a building
:eeting requir-ezrents at least as strict as a E-J occupancy
as defined in the Uniform Building Code. Nothing in this
section precludes issuance of such additional permits as
may be appropriate or necessary pursuant to section 3014
This section shall not be applicable to demolition
required by the Chief Building Official of the City of palo
Alto or the Fire Marshal of the City of Palo Alto W'ith
respect to structures deemed structurally unsafe or
hazardous or otherwise dang~rous to human life~
~6.0 •• 1~~ section ~3Q8 amBnd.~--cartific.t. of occupan
cy. Section ~ 30B of the Uniform Building Code is amended to
read:
Section-3-&!1 308. certificate of Occupancy. {a)
Certificate Required. In order to safeguard life and limb,
health. property and public weI fare, every building
7
r-'''-,
i L
-
I ,
,
i
t
l
I
~ .-.
-
structure or portion thereof shall conform to the construc
tion requirements fer the occupancy to be housed therein or
for the 'LOse to .... hieh the buildir.g str'.J.cture, or portion
thereof is to be put, as set forth in this Code.
No building or structure or portion thereaf construct
ed or altered shall be used or occupied until a certificate
of occupancy has been lEsued therefor.
Exception: , No structure I ot Group R Oivision 3 "or
~iQup H; .. :or a, st1:"..)c~1,;ire, the architecture of which inhibits
OciC'upancy, shall require a certificate of occupancy.
(b) Change of Oc~upancy or Tenancy. Each change of
occupancYr official name or tenancy of any building,
structure or portion thereof, shall require a new certifi
cate 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
re.quir-ements of this Code for a proposed occupancy. that
portion shall be made to confont. The Building Official
lIlay issue a new certificat-e of occupancy ... ithout st,ating
therein that all of the reauirements of the Code have been
made and without requiring co~plia~ce with all such
requirements if he tinds that the ~hange in occupancy or
tenancy will result in no increased hazard to life or limb,
health, property or public ~elfare.
When application is made for such certi.ficate of
occupancy. the Suilding Official and fire chief shall cause
an inspection of the building to be made. The inspector
shall advise the applicant of those alterations necessary;
or if none is necessary, shall make a re~ort of compliance
to the Building Official.
Before any application for such certificate of
occupancy is accepted, a fee as set forth in the municipal
fee schedule shall be paid bloT the applicant to cover t.he
cost to the City of the inspection of the building for
which a change of occupancy or tenancy is required. Such
fee shall be in addition to the regular building permit fee
required by this Code.
No fee shall be required for certificate of occupancy
issued pursuant to Chapter 18.94 of this Code.
(c) Content of Certificate. Each certificate shall
contain the follo~ing:
1. The building permit number.
2. The address of the building.
3. The name and address of the owner or lessee.
8
-
4. A description of that portion of the
building for .... hich the certificate is iSSH.led ..
5. The use and occupancy for .... ·hich the certifi-
cate is issued.
{d) Temporary Certificates.. Notwithstanding the
provisions of subsection (c) of th.is section 1 if the
Building official after conferring ... ith the Fire Chief
finds that no substantial hazard ~il1 result f~om occupancy
of any building, or portion thereof I before the same is
compl~ted and satisfactory evidenc~ is submitted that the
work could not have been completed prior to the time such
occupancy is desired because of its magnitude or because of
unusual construction difficulties. the Building Official
~ay issue without charge a te~porary certificate of
occupancy for any building or portion thereoL Such
temporary certi ficate of occupancy shall be valid tor a
period not to exceed si~ (6) months. After the expiration
of a temporary certificate of occupancy, the building r
structure or pcrtion ther-eof shall require a certificate of
occupancy in accordance 'W _ th other provi sions of this
section.
Upon payment of a fee as set forth in the municipal
fee schedule, duplicates of the certificate or temporary
certificate may be secured by the owner, architect,
engineer, contractor, permittee or tenant.
(e) Post of Certificate of Occupancy. In Groups A,
S, E. H f I and R-l occupancies, the certificates of
occupancy shall be posted in a conspicuous, reaaily
accessible place in the portion of such building being used
for such occupanc}'.
(f) Compliance. NO person shall use or occupy an)~
building or structure or any portion thereof, for which a
certificate of occupancy is required by this Sectio~~
208 ~ithout first obtaining, posting, and keeping posted,
a prc.per certificate of occupancy as required by this
Sectio~ '~8.
11. D4. "_.30 6ec:tioD 407 amenl5e4--Detini tio%). of famil-y.
Section 407 of the Uniform Sui Idir.g Code is an-.ended to read:
section 407. Family. The tertl1 "family" shall mean
an individual or group of persons living together ...... ho
constitute a bona fide single house-keeping unit in a
dwelling unit. The term I1faroily" shall not be construed to
include a fraternity, sorority, club, or other group of
persons occupying a hotel, lodginghouse, or institu~ion of
any kind.
16.04.140 Table 29-A amen~ed. Table 29-A in Chapter 29 of
the Uniform Building Code is amended to read:
9
-
Humber
of
Stories
1 & 2
3
o
TABLE 29-.)..
70OHDATIONS FOR STOD BEARING WALLS
XINIKUM REQVlREMENTS
Thickness of
poundation W&11
(Incbes)
Widtb of
.Footing
(In.ches)
Tbickn.sa
of l"ootinq
(IncheS)
8
8
Depth of 7oundation
Beloy ~atural B~rf&c.
of Ground aDd Pi~i.h
Grad. fInches)
Goo4 soil A40be
K occupancy
str...:ctures
8
8
6
14
18
12 12
20
30
12
20
30
12
All foundations as required in the above Table shall
be cO!'ltinucus and have a minimum of threE *4 bars of
reinforcing steel, except for one story, detached accessory
build1ngs of Group M occupancy where one ba.r is requJred~
~~.Q4.~50 Bection 3203(&) a~4ed--Con8truction ot buildings
in tbe foothills area. Section 320J(a) is added to Chapter 32 of
the Uniform Building Code to read:
Section 3203 (a). construction of Building5 in
F~thills Area. The Council finds and declares that the
area within the City of Palo Alto to the west o~ Junipero
Serra Freeway is a hazardous fire area and that. it is (
therefore, necessary to establish special minim"clm fire
resistive requirements in this area for the protection of
li~e and property. In addition to the special requi~ements
of Section 3802 (il, all roofs sh~_ll be as specified in
section 3204(a) or 3204(b).
16.04.160 Section 38C2Ci) added. Section 3802(i) is added
to the Uniform B~ilding Code to read:
section 3802(i). In any building or group of build
ings 'Where, l.n th;ao judgment of the fire Chief, such
building or group of buildings due to size, height, t}"pe of
construction, location on property, contents or occupancy
classification would exceed or severely tax the capabili
ties of the local fire department to perform a reasonable
level of rescue and fire suppression operations. fire floW's
requ ired tor each building 'Will be det.ermined utilizing the
Palo Alto Fire Department, Fire Flow Worksheet; FPB 23, set
forth in Section 15.04.370 of the Palo Alto Municipal Code.
Regardless of area or occupancy separation ...,alls. when more
than 1000 GPM fire flow is required, the building shall be
sprinklered. Such buildings shall include. but are not
limited to:
(a) All buildings more than five (5) stories or
fifty feet (50 1 ) in height.
I
I -:" I t---~ ...
~.:
f
f -~.
-
:-".
L
,
(b) S"I.:lildings ... here limited access for fire
appara~us does not perlIlit mobile '.tnit operation of ladde::
compan.les to within fifteen feet (15') of openings in
stories as re~~ired in sections 504 and 3802.
(c) Buildings ... here access for fire apparatus
does not permit use of pump and hose companies to reach all
sides of the building without hand-laying more than 150
feet of tire hose from a maximum of two (2) mobile pumping
units.
(d) Buildings including Group Fa, Division :l and
Group M occupancy construct< d in the hazardous fire area
west of the Junipero Serra Free ... ay shall be fire
sprinklered and provided 'With exterior wet standpipes
approved by the fire chief. Such sprinklers may be
conngcted to domestic water supply providing the piping is
of approved sizing ~nd sufficient coverage of the area is
approved and an approved accessible shut-off is provided
for each room or area. Exterior standpipes shall deliver
fire flows derived by the follo~ing formula: GP~ = square
footage of floor area x 8 (ceiling height) + 100 x .5.
(e) If a fire sprinkler system is not re~~ired
for purposes other than this section, the area increases
specifie.d in section 50-5 (c) , or the ~~~n4-story
increases specified in Section 506(c), or the height and
story increases specified in section 507 ~ or the fire
resistive substitution in section SOB may be permitted.
(f)
section shall
additions~
Additions
apply to
to
all
existing buildings. This
neW' construction including
1-
area permitted in
buildi~g shall be
If t.he entire building area exceeds the
Section 3B02(b) through (h) ~ the entire
sprink.lered.
2~ If the addition requires an automatic
sprink.ler systelI: by Section 3802(i), but the entire
building is below the area specified in Section 3a02 (b)
through (n), the addition shall be sprir.klered and s.eparat.
ed from the existing building by an area separation ~all as
specified in section 505(1)
Sxception: The fire floW' limitation of 1000 GPM:
contained in section 3802 (i) shall not apply to single
family or duplex structures not located in the hazardous
fire area~
164 04~l.70 Appendix Chapter 12 ueJ14a44Requirell8a4:& rar
Q~a..., &oj 9iYis-i-ea--l: Ge8'119aa.eies &ale:t.o'll. ~~~-ei'l:ai'JE: 1:'2:, ni\eq'tl~
lIeAts fef-G'l'9l.:lP H, Bi. is':aA ) Oeellp-.'lReies" 81' t.he Yl'!iiSnIl Bl:iileiiPlfJ
GEHle is aelet.ea. Appendix Chapter 12 is amended to. read-:
11
L
L
L
ta) Division I, "Require~ents for Group R, Division
.l ooC~pancies·, is deleted.
{b) 0Ivision 1I, "'RequirEnflen.ts for G.roup R, Division
4 oC~panciesQ, -ia ~eleted.
(0) Division III~ "Barriers for Swimming pools¥ Spas
ind Sot TUbs", is ~enaed as fol1ows~
1.. Section 1204.1 of Division III is a'mended to
Section 1241. The provisions oJ: thill
section apply to the design and construction of barriers
for. ,:~imzting pools located on the pr-emise..&" of Group R
Divl~ion l.' and Group R. Division '3 occupancies ..
2~ Subsection (a) of Section 1243 of Division
tIl is amended to read:
Section 1243 (a). Out<laor Swimming Pool.,iI.n
C?ut:900r sw~nq pool, including an in-qround l above q1:'ound
9~;.:'.':On-7-_gr~uhcf-_pool .. portable or nonportable s.pa or hot, tub
ab~ll_ b:e "provided with a barrier which sh.,,11 cOl'lply with
I::b." follow:~nq,
p.} T"ne. t~p of the barrier shall be at
l.~a~t. :.HL inches, .above grade rleasured on the s,ide of! the
~*,ier,':.,Wh1r;.~ taces away from the s"Wlmminq pool .. " T~
mtpcbtwa v,~tical clearance between -grade and the bottom of
~e>:barr.:l.,er 'sball, be 2 inches measured on the side' O,f, the
~~,~r.ler wb.'ich ,.faces away from the swimming pool ~ Where tbe
t-op,',::of ,:~he" poOl" structure .is above grade, such as an
~\T~d P901, the ,barrier :may be at ground level, such
~·::,::the ,pool, stru-ct~r-e~ or mounted Oil top of, the pool
structure .. ' Where the barrier is mounted on top of the 'pool
structure~ the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall
be 4 inch'es. '
{2} Openings in the barrier shall net allo","
passage of 4-inch-diameter sphere.
{3) Solid harriers which do not hav~
op~in9St such as masonry or stone ~alls, shall not contain
indentations or protrusions except for tooled mason-ry
joints.
{4) Where the barrier is compos~d of
horii'ontal an-d vertical members and the distance between
~~"t¢p~ o~' the horizontal memb"3r.s: is less than 45 inches,
the, ,hOl"izontal members shall be located on the ,swimming
PQol side of the fence. spacing between vertical members
shal~ not excee~ 1-3/4 inches in width. Where there are
12
L
, .
cleiCOi:ative cutouts within vertical members, &pilC!nq w!.thi!l
th~' cut~uts shall not exceed 1-3/4 inches in ~idth.
IS) Whe.e th.. barrier is composed ot
~~i2;ontal and vertical members and the distance bet\{~.en
~,,:tops 'of the horiz<:lntal members is 45 in.c;'has 'OJ; JQOrel
spao:lng between v-ertical me1D.bera ahall not exceed'4 inches ..
~re;:there a1;'.Q: decorat:ive cutouts ,within vertical member'5.,
spacing "ithin the cutouts shall not excee<l 3/4 .inch .. " in w1iltJo.· . .
(6) KaxilllWll .... Sh d ... tor chai]l.lin.kterui<l."
·!Ib_1l..<11e .a .l'-1I~-inch lOqQar .. unl ..... the. fanCe iBprovided
wi1;:l:F."'lat ..... \f' .. stened at th .. topor the bottom whien r.oOduce
~'f,-:o~~n9~:to no llore than 1-J./"-, il1:i::hes. The 'Wlt'e :shall
11()_;>-:'be :less th~n -g qauqe.
(1)
lliagC>Ml ",embers,
open~ formed by
1:han 1,..3/4 inches.
Where the barrier is cOlI\POsed of
such as a lattice fence, the maximum
the ~iaqonal members shall be no more
{8) A~cess. g'lote3 $011 comply withth"
:f~-!-~nt;.j!lct Items l thr<>uqh 7 and shall be.equippedtQ
l!~~~>·a loclclnq devi"... Ped •• trian,. .. """' .... ·gates
"halit.··.o.,en.outwa"d " .... y Crom the pool and shall be seli~l""'~.nd.h.'1 ... a self-latChL'q <levi"e. Cates other than
~-a:~la~,access' gates shall have ,a se1f-letching-:device.
Wh"~'1!:,,:,~e'~"4ease mechanism of the.. self-~atchinq, device',':l.s
~".;atm'l",,~.tha'l. S4 in<;h .. s torm the bottom of the gate,
(l)~';:."el~s .... echonis .. ·shall be located on the pool side
Qt~;;*t"t"at least ~ inches bela .. the top of.the gat. ""d
(;I) th""late ana barrier. shall have nO opening greater 1:han ~a,> ~,:~l,.fun 18 inches. of the rGlease l!Iechanism~ ,
(9) Deleted.
{lO} W'her.e an aboveground pool structure. is
used as a,'b~rrie-r or ''Wh~re the. lJarrier is mounte" on top, of
~_, pool. structure,-and the means o~: Bccess is a la.dder or "tep", .th.en.(l) the . ladder or steps shall be capable 01'
ba;}.nq,':':titu~tp-ed, ,:~oCked. or removed to prevent acces$ or" (2)
ti>:~ .la<l,w .. Or "::'e'ps shall be surrounded by .. barrier "h i ch
~etSty_~& :requ1rements of Items ,:1. through 9.. ~en the:
~addeT:' or steps are secured,. locked or-removed~ any opening
cJ;eated shall .not allow the passage of a 4-incb-diameter
sphe ....
lockable
frolti,the
EX,(.":eption: spas or hot tubs equipped. with ,a
cover c-omplyinq 'With ASTM standards are 'exempt
requirements of thi5 Section.
3. Subsection (b) of section 1243 of Division
I'll i-s deleted~
-; ,
~
,.-ce.
-
16~O'.18Q Appendix Chapter 53 znerqy Conservation in Naw
BUilding Coc-st1:UctioAl d:aleted. Appendix Chapter 53, ttEnergy
Conservation in Pje'W Building, II of the Uni form B'..!ilding Code is
deleted.
16. o,~ liC Appendix Cbapt.r 70 .!xc5v&.tion and Grading
deletad. Appendix Chapter 70, nExcavation and Gradi:-:.g, 11 of the
Uniform Building Code is deleted.
16,0-4.200 Outies are 4iscrl3tionary. Notwithstanding any
other provision of this chapter and the provisions of the Uniform
BUilc:!ing Code, and the Uniforlll Mechanical Code, ' .. 'henever the words
"shall-or "must II ar-e used in .establishing a responsibility or dut:J'
of the City, its el.ected or appointed officers, employees, or
agents, it is the le';Jislative intent that such \.'crds establish a
discretionary responsibility or duty req\dring the E:xercise of
juagment and disc~etion~
16~O.~210 Section 203 of the Oniform Mechanical Co4.
delete4. Section 203 of the Uniform Mechanical Code is deleted.
16.04.220 Section 304 or the Unitorm Mechanical Code
&meu4e4. Section 304 of the Uniform M~chanical Code is amended to
read:
section 304. A.~y person desiring a penni t required by
this Code. shall, at the time of filing art application
therefor, pay a fee as set forth in the municipal fee
schedule.
1,.04.230 state Bi'Storical Sui14ing Code adopte~--Short
title. The state Historical Building Code, Title 2(. Part 8
(authorized by Health and Safety Code §§ 18950 through 18960),
which provides alternative building regulations for the rehabilita
tion, preservation, restoration. cr relocation of designated
historic buildings, is adopted and by this reference 1S made a part
of this Code with the same force and effect as though set out in
this chapter i~ full a A COP1r of the state Historical Building Code
is on file and open to public inspection in the office of the city
Clerk.
.16 .. 0" .240 Section 8-102 amendied--purpose. Section 8-102 of
the state Histo~ical Building code is amended to read:
. .
L
It is the purpose of this part to provide alternative
building regulations for the rehabilitation~ preservation,
restoration (including related reconstr~ction), or reloca
tion of buildings or structures designed as category I and
II historic buildings. Such alt~rnative building regula
tions are intended to facilitate the restoration or change
of occupancy so as to preserve their original or res~ored
architectural elements and features, to encourage energy
conservation and a cost-effective approach to preservation,
and to provide for the safety of the building occupants.
14
,
.1
"I -,
1
-
~on 2. The Council adopts the findings ter local
amendments to the 1991 Uniform Building Code; attached hereto as
Exhibit -A-and incorporated herein by reference.
SECTION 3. The Council fir.cis that none of the provi-
sions of this ordinance wU1 have a significan!. environmental
impact •
.sECTION §. This Ordinance shall become effective on the
CODU!l.encement of the thirty-first day after the da.1" of i ts adoption~
provided, however, the provisions hera in acted shall be operative
from and after July I, 1992.
INTRODUCED:
PASSED:
AYES:
1<:OES:
ABSTENTIONS:
ABSENT:
A'!'TEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
15
APPROVED:
Mayor
City Manager
Director of Planning and
Community Environment
Chief Building official-----
--:.,".
:;: "
t r :;~l~~t-
I .-'" ;-:'lff,··1-. _
-
-
FINDINGS FOR LOCAL AKENDMENTS TO THE
1991 UNIFORM BUILDING CODE
1. Palo Alto Municipal Code C'fPAMCA) 16.04.025 section l04{b)
exception added.
Finding; Except.io:1 1 or this amendment req'..lires that
existing structures be brought to current standards for
earthquak~ forces at the time of major remodeling if the
value of the remodeling exceeds fifty percent (sot) of the
value of the existing structure.
Exception 2 of this amendment reguires that existing
suspended ceilings be craced for lateral forces at the time
of removal. These amendments are necessary because of Palo
Alto's proximity to major, ective fault lines.
2. PAMC 16.04.030 Division of inspectional services estab
lished.
Finding: This is an administrative amer.drnent changing the
title of ~Building Department~ to the nOivision of Inspec
tional Services.-
34 PAMe 16~04.040 Powers and duties of building officia14
..Eingj.1}g: This amendment brings the administrative require
mants of the uniform Building Code into compliance with the
Palo Alto Municipal Code and the organization of the city
of Palo Alto~
44 PAMe 16~04.050 Sections 203 through 205 deleted.
Finding: This amendment deletes Uniform Building Code
Section .2 03 unsafe buildings. or structures and Section
20~, Board of Appeals. Unsafe buildings are thoroughly
defined in Chapter 16.40 of the Palo Alto Municipal Code4
The Board of Appeals section is deleted because the
Division of Inspectional Services and its procedures are
consistent .,ith the Palo Alto MuniCipal Code and procedures
currently ir~ use. Section 20':) is the violation and penal t~~
section replaced by 16~04.060~
5. PAMC 16.04.060 Violations--penalties.
Finding! C91ifornia lav requires that local jurisdictions
adopt violation, penalty and enforcement clauses by
ordinance.
6. PAMC 16.04.070 Enforcernent--Citation authoritY4
16
-
",
Finding: California law requires that loc~l jurisdictions
adopt violation, penalty ~nd enforcement cla~ses by
ordinance.
7. FAMe 16.04.0ae Recordation or building code v:olations.
Finding: California law requires that local jurisdictions
adopt violation, penalty and enforcement clauses by
ordinance.
8. Pk~C 16.04.090 Section 301 amended--permits required.
,Finding: Certain i t;ams are deleted from exempted work:
fences, swimming pools with lesG ~~an 5,000 gallon capaci
ties, and platforms, lrIalks~ and drive~ays up to 30 inches
above grade. Exemptioil of these items from a required
permit contradicts other provisions of the Palo Alto
MuniCipal Code.
9. P~~C 16.04.100 Section 303(d) arnended--Expiration.
Finding: Subsection (d) is amendE::d to clarify when a
permit expires. This is not a substantive change.
Ie. PAMC 16.04.105 section 303(t) added--De:r.olition permits.
lin4ing: subsection .~N is added to the Uniform Code to
require the notification of the occupants of a residential
building prior to the issuance .of a demolition permit.
This section also requires that the building be vacated
prior to the issuance of the demolition permit. This
section is needed to insure the safety of the occupants of
a building Which is to be demolished.
11. PAMC 16.04.110 Section 303(q) added--Cemolition permits-
Replacement of structures.
Fi~ding: Subsection rig" ;;,S added to Section 303 of the
Unifor.m Code to enforce the City council policy of requir
ing ~~e issuance of a building permit for new construction
prior to obtaining a demolition pennit for a structure last
used for residential occupancy. This section does not
apply to demolition ordered by the Chief Building Official
to ahate substandard or hazardous str~ctures~
12. PAMC 16.04.120 Section 308 amend~d--Certificate of occupan
cy.
Finding: section 308 is amended to provide for a Certifi
cate of Occupancy to be issued for each occupant change of
a building. This section is needed for the building to be
inspected when tenants change to ascertain compliance ~ith
life safety items. This section also permits the issuance
of a temporary Use and Occupancy certificate provided all
17
·1
-
13 •
Q
life safety items have been complied wi'Ch prior to comple
tion of the entire p~oject.
PAMe 16.04.130 Section 407 amended--Definition of family.
FiDdi ng: This amendment is needl?d to :maKe the huilding
code definition conform to california case la~.
14. PAMC 16.04.140 Table 29-A amended.
Fiodin?: This amend~ent is needed due to Palo Alto's
expans1ve adobe soil conditions. The foundation required
is based on standard engineering practices.
15. PAMC 16.04.150 section 3203(a) added--Constructio!1 of
buildings in the foothills area.
finding: The fire ha~ard of wood roofs has long been
recognized by the National .Fire Protection Association.
Conflagrations in Santa Barbara l Los Angeles and Houston
have lead to similar ordinances. The Palo Alto foothills
have also caused many problems for fire fight~rs including
long response tines, inadequate water supply and unlimited
fuel.
16. PAMe 1~.04.160 secticn 3302(i) added.
Finding. This amendment addresses the local need for
built-in fire protection 'When, in the opinion of local fire
officials, a particillar building represents a fire-defense
problem that may exceed or tax the capability of the Palo
Al to Fire Department. This amendment is required for
consistencl with Title 15 of the FAMe.
17. PAMe 16.04~170 Appendix: Chapter 12 Hequirement for Group R,
Division 3 Occupancies amended.
Find:!..ng: This amendment is needed to achieve compliance
with the California Code of Regulation~. with respect to
Divisions I and II. Division III is amended to provide a
minimum level of safety with respect to private swimming
pool.s.
18. PAMe 16.04.180 Appendi~ Chapter 53 Energy Conservation in
New Building construction deleted.
Finding: Energy conservation is regulated by the Califor
nia Code of Regulations.
19. PAMC 16 .. 04 .190 Appendix Chapter 70 Excava'cion and Grading
deleted~
Finding: The City cf Palo Alto has a separate excavation
and grading ordinance that is based on local terrain, and
qcological and seismic conditions.
18
I
!
j
i
I
20.
21.
22.
23.
PANe 16.04.200 Duties are discretionary~
Finding: This amend!'lent provides clarification of the
City's legal position.
FAMe 16.04.210 Section 203 of the Unifo~ Kechanical Code
dele'ted.
Finding: This is an administrative atl\@:ntjroent.
PAHC 16.04.~20 section 304 ot the Uniform Mechanical Code
amen<1ed ..
Finding: This a~endment is roe=essary so that procedu~es
conform to the m~nicipal fee schedule ~equired by the Palo
Alto Municipal Cod~.
PAMC 16 .. 04.240 Section 8-102 aEended--Purpose.
Finding: 'I'his amendment designates the historical building
cateqo~i~s required by Palo Alto Municipal Code Chapter
16.49.
19
.<:: .. ~
''<:""i
-
ORDINANCE NO. ___ _
ORDINANCE OF THE COUNCIL OF 'rHE CIT¥ ::::: P~LO ALTO
ADOPTING THE 1991 EDI'riON OF TH:e UNIFORM PLUMBING
CODE AND A-~ENDING CHAPTER 16.08 Of THE PALO ALTO
H'.JNICIPAL CODE
The council of the City of P2Ilo Alto do'i!s ORDAIN as.
follows:
SECTION l~ Chapter 16.08 of the Palo Alto Municipal Code
is her~by a~endeo to read:
16.0e.01a Adoption of the ~~199i Unitorm Plumbing Code.
The nUniform Plumbing Code, ~1.991 Edition," including all
appendices, promulgated by the International Association of
Plumbing and Mechanical Officials, 20001 Walnut Drive South,
Walnut, California 91789-2825, which regulates the installation,
alteration, repair, removal, conversion, use and maintenance of
plumbing, gas, s~imming pools, drainage systems and ether similar
~Qrk and provides for the issuance of permits for the doing of such
'Work, is adopted and by this reference made a part of this
municipal code with the same torce and effect as though set out in
full. A copy of the Uniform Plumbing Code is on file for public
inspection in t.he office of the city Clerk.
1,.g8~D2a Violations-Penalties. Any person J 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 l~OS.OlO of the Palo Alto
Municipal Code. Each separate day or an~" 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.
1'.08.030 Entorc.ement-citation ButhQrity. :I-he employee
positions designated in this section "!!Jay enforce the provisions of
this chapter by the issuance of citations i persons emplo:r'ad in such
posit.io!1s are a\l"t.1"~oriz.ed to. exercise tbe authority provided in
Penal Code Section ~J6.5 and are authorized to issue citations for
violations: of this chapter. The designated employee positions are:
(1) chief building official; (2) assistant building official: (3)
building inspection superviso).; and (4) ordinance compliance
inspector.
16.08.040 Dangerous anO unBanit.ry construction. (a) Any
portion of a plumbing &ystem iound by the building official to be
unsanitary as defined in this chapter is declared to be a nuisance.
(b) Whenever brought to the attention of the department
having jurisdiction that any unsanitary conditions exist or that
any construction or work regulated by this chapter is dangerous j
unsafe~ unsanitary, a nuisance or a menace to life, health j or
property or otherwise in violation of this chapter, the department
may request. an investigat_ion by the building official .... ho, upon
1
L
deter.aininq such information to be fact, shall order a"y person,
firm or corporation using or maj ntaining any such conditicn or
resp:.nsible for the use or maintenance thereof to discontinue the
us~ or maintenance thereof or to repair, alter j change j remove j or
,jemolish se.me as :he ruay consider necessary for the proper protec
tion of life, health or property and, in the case 0"( any person,
fi~ or corporation supplying gas to such piping or appliance to
discontinue supplying gas thereto until such piping or appliance is
made safe to life, haalth or property.
(e) Refusal, failure or neglect to comply with any such
notice or order is unlawful.
(d) When any plumbing system is rna intained in viola.tion of
this chapter and in violation of any notice iss~ed p'Jrsuant to the
provisions of this section or where a nu isance exists in any
building or on a lot on which a building is situated, the building
official shall institute any appropriate action or proceeding in
any court or competent jurisdiction to prevent, restrain, correct,
or abate the violation or nuisance.
It;.04.050 Permit fees. {a) Every -3.pplicant for a permit
to do work regulated by this chapter shall state in writing, on the
application form provided for that purpose, the character of work
proposed to be done ana the amount and kind of connection there
'With ... togett'l.er 'With such information pertinerlt thereto as may be
required. Such applicant shall pay for each permit issued ... at the
time of issuance, a fee in accordance -with the municipal fee
schedule, and the rate provided for each cl&ssification shall be
shown in that schedule.
(b) Any person .ho commences any ~ork for which a permit
is required by this chapter without first having obtained a permit
therefor shall, if subsequently permitted too obtain a permit, pay
double the permit fee fixed by the municipal fee schedule for such
worx; provided, however, that this provision shall not apply to
emergency work when it is proven tc the satisfaction of the
building official that such vorx was urgently necessary ana that it
was not practical to obtain a permit therefor before the commence
ment of the work. In all such cases j a permit must be obtained as
soon as it is practical to do 50, and if there is an unreasonable
delay in obtaining such permit, a double fee as provide~ in the
municipal fee schedule shall be charged.
1.6.Cl8.060 Extra inspect.ions. When extra inspections are
necessary by reason of deficient or defective ~ork, or otherwise
through fault or error on the part of the holder of the pe~it or
on the part of his agents or employees, only one such extra inspec
tion shall be made under the regular fees as prescribed in this
chapter. For each and every further extra visit or inspection for
which the holder of the permit or his employees is entirely
responsible, a fee shall be charged as set forth in the municipal
fee schedule.
2
h
I
I
'-
1'.08. 065 s.c:t.ton----U2-f6-}-----ua.~ 3'03 (4) &44.4. Section
lQa (a) --e-f.;-':'30'3'(d} 1s added to the Uni!:J!"Ill Plu.rnbing Code is etmel''lEied
to read:
All non-domestic waste shall comply with the City of Palo
Alto Sewer Use ordinance. (Palo Alt~ Municipal code Chapter 16.09)
J/.~~I1'·~C6'7. _.~C;t:ioU910{1» ""d {oj ."dAecI.Section 910 ",1
Wgvii:aii. ... 'P~umI>!nqC04e is l'menclE!d1>y adclinq sw,sections (1)) and
{$}·:#c;"i:i~t .... ...... . .... .
~1;:'.'1\l,1' ;Toia~ .. r cl"".t" :installed -or repl .. ced ..fuIll liSe ""
~".':I:bl!ii.'l·',6<·~l()""pe):".11\l"h,"nd shall ..... t 6tandis.rd .. es~ ~:tin~~~::h>~;:>:~~,,-:AllEi.rlcan-NationAl standards tnstitute-~ Standard
1!1.J, ~"'~'~"'l!/9 o.
(<:il;:"An e"'cept.'i'''n~y be" granteil' to. the requirement" of ~i519f'i"~'ll»,;cit"this section to an"", the use of standard fluSh ~tle)C'.,.l;OUt .. .,fu.n;thioI'*ilding official finols that an exemption is ~~"'~i;;.~~;'li;'&.nAqiira1:iOnof. the existing bUildinq drain",.e
iIlY-t1Wi;C;!iib •.. !~. '~ ... " .1r ....... : ...... .g"""ter quantity Of ..... ter to. adequatelY. nUSf':j~Tl!iY""''''''tl\a:; ","<>iddbe provided ifa 1. 6 qaHonsper flush ~~"if~;6Jj~~;;~!"#"ta J.l."cI. ..
~6.08.070 Subsection ~001(a) ad4e~. Section 1001 of the
Uniform PlUmbing Code is amended by adding sUbsection (a) to read:
(a) Hose Bib~ All commercial and industrial buildings
whose building face is parallel to the City sidewalk shall have a
hose bib connection installed, conveniently available to accom
modate persons 'Washing the building face, w"atering plants or
washing down of City sidewalks.
115.08.080 Section 100,( preempted. section 1004 of the
unifo!1Jl Pl\ll!ll::ling Code, -l-9s.s-).:9~rl Edition, is p~:eempted by califcr
nia state law. The 1979 edition of Section 1004 of the Uniform
Plwnbin9 Code shall remain in full force and effect until modified
by the StaUt"of, Cal~fornia--stat:e £:;e~islat.r:ile~
.lEi .08.090 Subseoti.on .11.07 (il) 1 a44e4.. section 1107 {a) of
the Uniform Plumbing Code is amended by adding subsection 1 to
read:
1.. A cleanout shall be provided at the point of connec
tion between the house line and the city lateral and an approved
fitting shall be used to bring the cleanout riser to grade. When
se~er cleanouts are to be connected to existing city laterals, such
connections shall be accomplished by use of an approved fitting.
16.08.100 Sections----21a,7 all' 20,M 30~4 d.eleted. Uniform
Plumbing Code Sections-----28.7 ("Cast. at PSHI'Iit")naM---29.14 ("Bsare of.
APlleals") ~ all :eeif'l~ a psrt:ie:fl ef---n..tl.par-.t 1 .'iaft'lif'li9trat_--ieftl1--&~h-M
eeee-,----tti'"e'-.:30'C4',:'{Permit Pees) is deleted.
)
" . \ ... ,. -.'" :-,,' -... ,"
I
l
I
!
I
1'.08.110 nuti •• are 4iscretionary. Notwithstanding any
other pr-ovlsion of this chapter and the provisions of the Uniform
Plumbing Code, whenever the words ~shall" or nmust" are used in
establishing a responsibility or duty of the city, its elected or
appointed officers, employees, or agents, it is the legislative
intent that such "Words establish a discretionary respc::nsibilit~' or
duty requiring the exercise of judgment and discretion.
enacted
attached
SEctION 2. The Council adopts the findings for ne ..... ly
local amendments to the 1991 uniform Plumbing Code,
hereto as Exhibit ~A" and incorporated herein by
reference.
SECTION 3. The Council finds that ClOnE! of the provisions
of this ord.inance ...,i11 have a significant envir-anmental impact.
SECTION i. This ordinance shall become effective upon the
commencemant of the thirty-first day after the date af its
aaoption, provided, however. the provisions herein enacted shall be
operative from ~nd after July 1, 1992.
INTRODUCED'
PASSED,
AVES,
NOES:
ABSTENTIONS,
ABSENT,
ATTEST:
City Clerk
AP:>ROVED AS TO FORM,
Senior Assistant City Attorney
4
APPROVED:
Mayor
Ci ty Manage r
Director of Pl-anning-ca=-n:::id---
community Environment
chief Building Official
• -\
. -',;. .
lj
H
1 ,
-
1.
2.
IDI6IT l!.
J'INDINGS FOR LOCiU. AXE.£fDKENTB TO THB
1,,1 UNIFORM PLUMBING CODE
The findings made :by the Council of the City of Palo Alto
in Ordinance 3215 adopting the 1~79 Uniform Plumbing Code
are hereby reaffirmed and expressly made applicable to all
local a~endmer.ts that are hereby again adopted and carried
through without significant change.
p~~c 16.08.080 Section 1004 preerepted.
Finding: This amendment is necess.ary to conform with
Califo~ia law prohibiting the expanded use of CPVC , PVC,
PE and PB pipi;'lq for potable water systems within a
building.
3. PAKC 16.08.065 Section 302(a) amended.
Finding: This section is amended to conform with other
provisions of the Palo Alto Municipal Code.
4. PAMe 16.08.067 subsections 910(b) and (e) added.
Finding~ State law requires low flush toilets in all new
construction. Due to the long-term drought and 'Water
conservation policies of t:he City: t.he low fl"llsh toilet
requirement is expanded to include replacement fixtures.
5
.oRDINANCE NO.
ORDINANCE OF THE COU~CJL C~CITY OF PALO ALTO
DELETING CHAPTERS 5.04, 5.08, 5.10 AND 16.12 OF
THE PA1D ALTO ~UNrCIPAL CODE
WHEREAS, city staff l'ias recommended that ChaptE"rs 5. 04 ~
5.08, 5.10 and 16.12 of the Palo Alto Municipal code are obsolete,
out of date and otherwise no longer needed for public purposes; and
';I.'HEREAS, it i3 the desire of the city Council to delete
unnecessary code provisions,
THEREFORE, The council of the City of Palo Alto does ORDAIN
as follows:
S£CIION 1. Chapter 5.04 [Milk and Milk products] of Title
5 [Health ana Sanitation1 of the Palo Alto Municipal Code is hereby
deleted.
SECTION 2. Chapter 5.08 (Resta~rants and Food Establish
ments] of Title 5 [Health and Sani tationJ of the Palo Al to Municipal
Code is hereby deleted.
SECTION 3, Chapter 5.10 [Driye-in Restaurants] of Title 5
[Health and Sanitation] of the Palo Alto Municipal Code is hereby
deleted.
SECTION 4. Chapter 16.12 [private Swimming Pools) of Title
16 [Building Regulations] of the Palo Alto Municipal COde is hereby
deleted.
SECTION 5. The council finds that ncne of t..l1e provisions
of this ordinance will have a significant environmental impac~ •
.s:EC"':t:r~ This ordinance shall be effective upon the
commencement of the thirty-first dar afte.r the date of its adoption.
INTRODUCED
PASSED:
A'i'!::S:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
city Cleric Mayor
1
---.----,-............-..-.--~. ~ ~ ·L
•
APPROVEO AS TO FORM: APPROVED~
Ci ty Manac;-er
6irector of Planning ar.-ci.---
Comm~nity Envi~Qnrnent
Chief Building Dfti~ial
:j ,
j
~ t
-
-
APPEN~X 1991 UNIFORM BUILDING eOOE
(b) Flammable l...iquids. The slorage and ha!'ldling: of ga$ol ine, fuel oil flr olh",r
flJI!lmabfe liquids sha!ll::e in accord:mc~ with (he Fire Code.
(SeclilJn.r. 1235 through 1240 are resen'ed.~
Division III
BARRIERS FOR SWIMMING POOLS,
SPAS AND HOT TUBS
NOTE: This Is a new division.
General
Sec. 1241. The pr(I'ViSIC11l:S of t11i~ se..:tion apply [0 rhe design ar.J Cl'ns.t~ul:li,;'r: of
barriers fors\I.o'imming pool~ ](xated on the premi.;;.esofGroup R. Di\'ision:3 O~:;.·~
pancies.
Defi n Iii on.
Sec. 1242. For the purpose afthis section. CCl.,="lil tenll:;, \0\ orJs and phra,>('s an:
defined as follows.
ABOVEGROVNDfOl\:·GROUr--:D POOL. See defmitloil of ~\.\. ~mm tng pool
BARRIER l$ a fence. wan. bui!ding wall or ii combination tnere(·f ....... hlch COtn-
pretely surrounds the .~'Mrimming pool and obSU1lctS access to the swimmi ng pool.
GRADE is the underlying surface such as c<irth or a \4·alking ')urfacf.
HOT TUB. See definition of swimming pool.
IJ\'·GROl'ND POOL See defmilioll of swimming pooL
SPA, ~ONPORTABLE, See definition ofswimmin.g po·oJ.
SPA, PORTABLE. is anonpennanent structure imended for recreational balh
ing, in .... :hich all controls. water-heating and ...... ater-c~r~llh.lting eql.lirmen1 are an
iftlegral part of the prod..Jcl and which is cord connecied (not permanentl)" electri
cally wired).
SWrM.\lING POOL is any structure intended for swimming or recreational
ba~hing that contains water o ... er 24 inches d~ep. This includes in-ground, abo\'"e
ground and on-ground swimming pools., hoi tubs and spas.
SWrMMING POOL, ["'DOOR, is a swimming pool wh!.:h is tOially con··
tained within a residential slmcture aIld sunollnded on all four s;des by v.alls of
said struClure.
SWIMMING POOL" OUTDOOR, is any swimming pool which is not an in
door pool.
Requirements
S« 1243. {a) Outdoor Swimming Pool. An outdoor s\~·lmmlflg pool. Lnclud
ing an in-ground. aoovegrourld or on ·ground pool. hot tub or spa sh;,l.!l be provided
wiLh a barrier which shall comply with the follOWing:
854
-
,
~ ,....,
1991 UN'FORM BUfLO'tru'eoOE "PPEN[)jX
L The top oflh-~ bamef shall ~ ar least 48 inches ahove grade ~ea<;'Lt~("d on the
side cfthe barrier which face.'i away from the $", imming p-<..:101. The ma1':.Lmllm ver·
tical clearance bel\ol/een grade .lnd the bortom of the barrie r shall be 2 inches mea·
sured on the ~ide of the barrier which faces away from the swimming pool. \\-"here
the tOp ofule poot struClure is. above grJ:de, such as an aboveground pooi, the barri
er may be ar ground level, such as tl1e pool :tlf1JClurc, ormounlca on top ofche p<XJr
Slrllcture. Where the-barrier is mounted on top of the p<'X1i stJl..ict!Jre, tIl( ma)"irllUm
vertical clearance bct'oNeen the iCP of the pool s.tm..;:tLire and the bottom oftr,e barri<:"r
shall be 4 inches.
2. (Jpenings in the barrier shall nOi allow p<!sslge of a 4--inch-diarneler sphere
3, Solid barriers which do not have o}X'r:ing~, such as masonry [)r S10ne \10,'3115.
shall nol contai~ indcntarion~ or protrusions e,l;cepf for tooled ma'>C'f'lry joines,
4. 'Wnere tile barrier is composed of horizontal and vertical members and the di5~
tance between the top~ of the horizontal memixrs is less than 45incht"s. the hori~
zontal members '.lhalt be located Gn the 5W im;":1i r.g pool side of [he fence, Spacing
bet\~ .. een vertIcal member:i-"hal! not exceed r'/~ incht!_~ in '"' iJth. Wh~re ~here are
derorati ... e culouts within vertical members.. :'.F"cing \I. iihin the CU:;:'l;~S ~hJn n()i
el::('eed I _1/4, im.-hes In width.
5. \\'here the barrier is composed of horizontal and \'er1lcal m-embe r:s aila the d;,5~
tance betwee!1 tlle t01)S of the horizontal member'i is 45 iilcil('~ OJ more. spa..::i rig oc
[ .... een vertical members shall not exceed -4 inches. When: there Ere decorati~'e
cutouls w',thill venical members. spacing·'" i,hin the CUlouts shall n{][ exceed 1/~ in·
ch~s in width.
6. Maximum mesh size for chain link fence<; s.hall be a I !/ .. --inch squa~e uJ1re,~ the
fence tS provided with .'>Iat~ faslened al the lOp or the Ntte;" · ... 'nlch redu~e tile open
ings 10 no more Ihan 1 '/4 inches, The wife shalt nol be !e~s than 9 gauge.
7. \\'nere the bamer is composed of diagonal membe~, )uch as a lalrlce fence.
Ihe maximum opening fonned by tlJeciagonaJ members shari be no more Ihar: l "/..:
inches.
g, Acce::.s ga,es s.hatl comp;y .... 'HI-. t!-Je :-cquirements of Items I Ihrougll '7 .. nd
sllall be equipped to accommodate a Io.::k~ng dl."~ ice. Pedestri:lJ.-ar_·(c~~ ,gales .... hJ.!J
open outward away from the FJ(JI and shall be self~cfO'iin g :and hone a 5'-elf-latchir.g:
de\i'lce_ Gales olher than pedeStrian access gatef> shaii have a s.elf-IJldling device.
\Vhere the release mechanism of the self--ralching device is located le~5 thlJrJ 54 in
-ches from the bottom of the gate, ( r) the relea.<;e mechanism shall be located on the
poor side of Ihe gale at least 3 inches belo\l.: the rep of th e ga!~ an d (2,1 the .g ale and
barrier shalJ na ... e no opening greater than II'!. inch W lInin 18 inches of the release
mechanism.
9. ,",''here a wall ofa d .... 'elling SCrve.'i as part of the barrier, doors Wllh direCi ac
cess to lh~ p-..X'>/ through that waH .shalJ be equipped ..... ,llh an aJOlffil which producc'i
an audible warning \Io'hell the door and it~ 'i.CTeen, if presenl, are opi'ncd_ The alarm
shall sound conlinuously for a minimt.:m of 30 seconds tmmedrately after the door
is opened, and be capable of being heard throughout the h(!ll~e during normal
hou!>ehoJd aclivities. The ara.tll !>hal1 aUlomatically reset under all 'conditions. The
alarm sy!>tcITI shall be equipped with a manual means, ~uch ac;. a 10uchpdd or Sv.:ilch,
855
L
>\
APPENDIX 1991 UNIFORM BlJtLDING CODE
to temporJrily dea·.::ti'late the .<Jlarm for a single opening. Such dl':J...:riva[ion shall
last for no more than 15 seo;.'onds. The deacti\' at~Qn s ..... itc:u.hal! be local~d al1east
54 in"'hes above the th.re:s~,old of Ole door. OLier rTlt:",m of proteclion. siJch as
self-do:!;LLlg doors with sdf-lal,--hing devices appro'led by :h~ hl'i1ding official,
shaJl be acceptabte so iong as t~le degree of protec~ion afforded is !'lC,t 16~ than the
protectioo afforded by LJ.we alarm syslem de:.cribt~d above.
10. \\7here ail abo .... egrou.nd pool S!.rtIcture is u~ed a:i a barrier Qf where the bar
rier is mounted on top of the pooi stn.lcture, and the il'.e,ans of access IS a bdde~ or
:.teps., then (1) !he ladder or sleps shail be capable of ~i ng ~('ured. iud ... ed or :e
f!1o'ied 10 prevenr access or (2') the" ladder or steps s!:aJl bot: 'iurrounded b) a bJ.rrier
which meers the requiremenb of Item'> I through 9. ""heI1 the ladder or st~ps. are
secured, rocked or removed, any opening created :shall not aUo ..... (h( pas:iage of a
4·jnch-diamelcr sphere
(b) Indoor Swimming Pool. Doors wi!h direct ~{'ce:ss. to an indoor swimming
pool shJIi comply ..... ith Secrion 1243 (a) 9.
856
.-----