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Ordinance No. 1706 ORDINANCE NO, 1706 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING AND RE-ENACTING CHAPTER 16,04 OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that Chapter 16,04 of the Cupertino Municipal Code is repealed and re-enacted as contained in attached Exhibit A. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of November, 1995, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 4th day of December ,1995, by the following vote: ~ Members of the City Council ..ŒS: NOES: ABSENT: ABSTAIN: Chang, Dean, Sorensen, Burnett None Bautista None ATTEST: APPROVED: .~ Cit~ Mayor, City of Cupertino . ordinanclbuilding.doc Chapter 16,04 BUILDING CODE ADOPTED* Sections: 16,04,010 Adoption of California Uniform Building Code 1994. 16,04.020 Organization and enforcement, 16,04.030 Permits and inspections 16,04.040 Seismic 16,04,050 Address posting. 16,04,060 Installation of spark arresters, 16,04,070 Single Room Occupancies, 16,04.080 Foundations-Foundation Reinforcement. 16,04,090 Minimum Slab Thickness 16.04.100 Conventional Construction Provisions (Bracing) Suspended Ceiling Upgrade Other inspection fees-Table I-A Energy Permit Fees, Hearing, Violation-Penalty. Severabiity clause, 16,04,110 16,04,120 16,04,130 16,04,140 16,04.150 16,04.160 . Prior ordinance history: Ord. 1308. For statutory provisions regarding the authority of cities to regnlate the building, construction and removal of buildings within tbe City, see Gov.Code #38601: for other provisions concerning tbe authority of cities in regulating buildings and construction, see Gov. Code #38660: for the provisions of the State Housing Actsee Healtb and Safety Code #i7910 et. seq. Prior ordinance bistory: Ords.537,627,667,703,736,893 and 1085. 16,04.010 Adoption of Uniform Building Code, 1994, The Building Code for the City shall be the 1994 Edition of the California Uniform Building Code, Parts I, 2 and 3 inclusive and Appendices which follow: APPENDIX CHAPTERS Adopt the following Appendix Chapter from the 1994 UBC: 1. 1994 UBC Appendix Chapter 3, Division II, Agricultural Buildings. 2, 1994 UBC Appendix Chapter IS, Reroofmg, 3. 1994 UBC Appendix Chpater 18, Water and Damp proofing foundations. 4, 1994 UBC Appendix Chapter 31, Division II, Membrane Structures. 5. 1994UBCAppendix Chapter31,Division 111, Patio Covers. except Chapter 107.2, Chapter 107.3, and A33 as compiled and published by the International Conference of Building Officials, one copy of which has been filed for use and examination by the public in the office of the Building Department, is refeITed to, and except as to omissions, amendments and additions hereinafter noted, is adopted and amended as part of the Cupertino Municipal Code, as ¡ffully set forth in this chapter, (Ord. I 590(part), 1992: Ord. 1493 (part), 1989: Ord,1441 (part), 1988: Ord.1361 (part), 1986) 16,04.020 Organization and enforcement. Section 105 of the Uniform Building Code is amended to read as follows: Section 105 Board of Appeals: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction installations and materials, The Building Official shall be an exofficio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council, and shall hold office at his pleasure, The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant, and may recommend to the City Council such new legislation as is consistent therewith. The same personnel of the Board of Appeals appointed under this Code may act as the Board of Appeals under the other building construction uniform codes, In the event, as Appeals Board is not appointed by the legislative body, the Council shall serve as said Appeals Board. (Ord. 1361 (part), 1986) 16.04,030 Permits and inspections. Section 108.7 of the Uniform Building Code is amended to read as follows: Section 108,7 - Other Inspections: In addition to the called inspections specified above, the "EXHIBIT A" Building Official may make or require any other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Building Department. For the purpose of determining compliance, the Building Official may cause any structure to be reinspected. If any inspection is made a the request of any individual, property owner or lending institution, a fee equal to the cost of making such inspection shall be charged as set forth in the latest resolution adopted by the city. (Ord, 1441 (part), 1988: Ord. 1361 (part), 1986) 16,04.040 Seismic, A. Upon application for a building permit with a valuation of twenty-five thousand dollars or more in improvements to a single-family dwelling, the homeowner must demonstrate that the water heater and furnace are restrained. If the water heater and furnace are installed on a platform, the homeowner must demonstrate that the plat form meets 1976 Uniform Building code Seismic Standards and that there are flexible gas connectors for all gas appliances. B. Upon application for a building permit with a valuation of seventy-five thousand dollars or more in improvements to a single-family dwelling, the homeowner must comply with the requirements stated above and must retain a licensed engineer or architect to evaluate the structure in order for it to be brought into compliance with the 1976 Uniform Building Code Seismic Standards. (Ord. 1493 (part), 1989), 16.04,050 Address posting, No Certificate of Occupancy or fmal building approval for new construction or alterations shall be granted until the building or residence has a street address number posted on the building in a visible location, the size of the numbers shall be a minimum of five inches high for commercial or industrial buildings. Residences designated R3 shall have number sizes of three inches minimum. RI and Planned Unit Developments shall submit a numbering schedule for approval by the Building Department and the Fire Department. All Commercial buildings having a single address assigned with multi-suite arrangements shall have the suite numbering system approved or assigned by the Building Department with an approved copy to the Fire Department for emergency use. (Ord, 1361 (part), 1986, 16.04.060 Installation of spark arresters. In new construction or when alterations, repairs or additions requiring a permit and having a valuation of excess of one thousand dollars occur, all new and existing fireplace chimneys shall terminate in a substantially constructed spark arrester, having a mush not exceeding one- half inch, (Ord, 1350 (part,) 1986), 16,04,070 Single Room Occupancies (SRO) 1994 UBC Section 310.7 is deleted and replaced with the following: 310.7 Single Room Occupancies a single room occupancy shall conform to the requirements of the code except as herein provided: 1. The SRO unit shall have a living room of not less than 220 square feet of superficial floor area, An additional 100 square feet of superficial floor area shall be provided for each occupant of such SRO unit in excess of two, 2, The SRO unit shall be provided with a separate closet. 3. The SRO unit may be provided with a kitchen sink, cooling appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light, ventilation and emergency egress conforming to this code shall be provided. 4. Every building shall be provided with at least one water closet. Every hotel or subdivision thereof where both sexes are accommodated shall contain least two separate toilet facilities which are conspicuously identified for male and female use, each of which contains at least one water closet. EXCEPTION: Hotel guest rooms may have one unidentified toilet facility. Additional water closets shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional part thereof, in excess often. Every SRO unit shall be provided with a kitchen equipped with a kitchen sink; however, that "EXHIBIT A" single room occupancy living unit facilities and single room occupancy residential hotels may contain partial kitchen facilities so long as a sink is provided and laundry facilities and kitchen facilities are provided on each floor accessible ITom a public hallway. Every SRO unit and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower; however, that single room occupancy residential hotels may contain partial bathroom facilities. If individual bath facilities are not provided, common bath facilities must be provided as follows: Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible ITom a public hallway, Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess of ten, such facilities shall be clearly market for "men" or "women", As an alternative, adequate unisex facilities may be provided. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. 5. When SRO units are required by state law to be accessible or adaptable, see appropriate sections of state law for access requirements. Findings The cot of housing in the Bay Area is one of the highest in the nation, To increase housing opportunities in the low end of the market, single room occupancy (SRO) can be a viable alternative, Most cities have realized that SROs, both rehabilitated or new, when appropriately located in commercial of high density residential zones, can be an important factor in attracting industrial and commercial services businesses which are necessary for a balanced population. The labor force with low wages who normally work for these types of industries can take advantage of the less expensive housing offered by SROs, A growing number of major West Coast Cities such as San Diego, Seattle Portland, San Francisco, Sacramento, Berkeley, and Los Angeles have already taken a strong position on promoting single room occupancy housing as well as preserving what is already being used as SRO in these cities, Following this trend in the Silicon Valley, which is heavily populated, will give the region an economic and social advantage as well as providing further opportunities for the low income segment of the population, This amendment is made pursuant to the authority set forth in California Health and Safety Code Section 17958.1 16.04,080 Foundations-Foundation Reinforcement 1994 DBC Section 1806.1 is amended by adding the following at the end of the fIrst paragraph: A minimum of one top and one bottom continuous bars of 112" diameter reinforcing steel shall be required in all continuous concrete or masonry bearing foundations, Findings The Silicon Valley is within a very active seismic area (seismic zone 4) and local soil conditions can be highly expansive (clay soils), The Northridge earthquake provided hundreds of examples of damage to plain concrete footings. This type of damage is extremely expensive to repair. IN contrast to the small expense of providing nominal footing reinforcement, Footing reinforcement is also necessary to prevent damage due to pumping action caused by local expansive soils which shrink and swell during seasonal drying and setting conditions. 16.04.090 Minimum Slab Thickness 1994 DBC Section 1924 is amended as follows (new language is underlined): (a)General. The minimum thickness of concrete floor slabs supported directly on the ground shall not be less than 3-112". The slab shall be reinforced with not less than six inches by six inches ten-~auge wire mesh or an a'pproved alternate installed at mid height of the slah Findings Due to expansive soil condition, the above are typical minimum requirements by soil engineers in the Silicon Valley in order to avoid damages due to soil expansion and shrinkage. "EXHIBIT A" 16,04,100 Conventional Provisions (Bracing) 1994 VBC Section 2326,11.3, Items 5 & 7 are amended as follows (new language is underlined): Construction Delete 1994 VBC Section 2326,11,3, items 5 which allows the use of gypsum board for bracing, Amend 1994 VBC Section 2326.11.3, Item 7 as follows: Portland cement plaster on studs spaced 16 inches on center installed in accordance with Table No. 25-1. Limited to sin~le story R-3 and V-I occupancies. Findings The entire Silicon Valley is located in seismic zone 4, Gypsum wallboard and exterior Portland cement plaster have performed poorly during recent California seismic events. The shear values for gypsum wallboard and Portland cement stucco contained in the code are based on mono-directional testing. It is appropriate to limit the use of these products until cyclic loading testing are performed and evaluated, 16.04,110 Suspended Ceiling Upgrade 1994 UBC Section 3403-2 is amended by adding a new paragraph at the end of the Section(after the exceptions) as follows: When a permit is issued for alterations or repairs, the existing suspended ceiling system within the area of alteration or repair shall comply with the lateral design requirements ofVBC Standard 25- 2 Part III. Findings This amendment is necessary to mitigate a known seismic hazard in existing buildings due to Silicon Valley's proximity to local active faults. 16,04.120 Other inspection fees-Table I-A, A fee shall be paid to the city as set forth in the latest resolution adopted by the city, (Ord. 1441 (part). 1988: Ord. 1361 (part), 1986), 16.04,130 Energy Permit Fees, Energy permit fees shall be paid to the City as set forth in the latest resolution adopted by the City. (Ord. 1441 (part), 1988: Ord. 1361 (part), 1986) 16,04.140 Hearing, The ordinance codified in this chapter shall, after first reading, be scheduled for public hearing as provided in Section 50022.3 of the Government Code, Notice of hearing shall be published pursuant to Section 60066 of the Government Code in the Cupertino Courier. Copies of the Uniform Building Code and the ordinance codified in this chapter shall be on file with the City Building Official and open for public inspection, (Ord. 1590 (part), 1992: Ord, 1361 (part), 1986). 16,04.150 Violation-Penalty, Any person, firm corporation, partnership or copartnership who willfully violates any of the provisions, or fails to comply with any of the mandatory requirements of this chapter, is guilty of an infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12 of the Cupertino Municipal Code, except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the City of Cupertino or other political subdivision or any person, firm, corporation or partnership maybe otherwise entitled, and the City of Cupertino or any other political subdivision or person, firm, corporation. or partnership may file a suit in the Superior Court of the County of Santa Clara to restrain or injoin any attempted or proposed subdivision, or acts, in violation of this chapter. (Ord, 1361 (part), 1986) 16,04,160 Severability clause, If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable, (Ord, 1350 (part), 1986.