Exhibit CC 11-01-2016 Item No. 10 Ordinance No. 16-2155 Redline Version('C. II I, J,tp ITEM #IO
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 16 OF THE CUPERTINO
MUNICIPAL CODE ADDING CHAPTER 16.02 l\ND ADOPTING
THE 2013 CALIFORNI.f.r BUILDING, RESIDENTIAL, PLill.4BING,
:MECHANICAL, ELECTRICAL CODES, CALIFORNIA EXISTING
BUILDING CODE, CALIFORNIA CHAPTERS 16.02, 16.04, 16.06,
16.16, 16,24, 16.40, 16.54, 16.58, AND 16 .80 AND REPEALING
CHAPTER 16.42 OF TITLE 16 OF THE CUPERTINO MUNICIPAL
CODE ADOPTING THE 2016 CALIFORNIA BUILDING,
RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING,
ENERGY, HISTORICAL, FIRE, EXISTING BUILDING CODE, AND
GREEN BUILDING STANDARDS CODE~ WITH CERTAIN
EXCEPTIONS, MODIFICATIONS, AND ADDITIONS
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 -aooL 17958.7, 17958.11, and 18941.5 of
the California Health and Safety Code, the City of Cupertino may adopt the provisions of the
California Building, Residential, Plumbing, ~4echanical, Electrical, focisting Building, Historical
Building Codes, Green Building Standards Code and International Existing Building Code,
2016 California Building Code (Part 2 of Title 24, based on the 2015 International Building
Code), the 2016 California Residential Code (Part 2.5 of Title 24 based on the 2015 International
Residential Code), the 2016 California Electrical Code (Part 3 of Title 24 based on the 2014
National Electrical Code), The 2016 California Mechanical Code (Part 4 of Title 24 based on the
2015 Uniform Mechanical Code), the 2016 California Plumbing Code (Part 5 of Title 24 based
on the 2015 Uniform Plumbing Code), the 2016 California Energy Code (Part 6 of Title 24), the
2016 California Historical Building Code (Part 8 of Title 24), the 2016 California Fire Code (Part 9
of Title 24), the 2016 California Existing Building Code (Part 10 of Title 24 based on the 2015
International Existing Building Code), the 2016 California Green Building Standards Code
(Part 11 of Title 24), with certain amendments to those provisions which are reasonably
necessary to protect the health, welfare and safety of the citizens of Cupertino because of the
local climatic, geological, and topographical conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in respective
sections of Chapter 16 of the Cupertino Municipal Code relating to the amendments to the
California codes; and
WHEREAS, the factual findings made then continue to be valid and relate to the amendments
made to the California codes in this adoption; and
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WHEREAS, in addition to those findings set forth in the provisions of the Cupertino Municipal
Code, on November 1, 2013November 1, 2016 , the City Council adopted a resolution making
factual findings with respect to the local geological, topographical, and climate conditions
including, but not limited to, the following:
1) The Bay Area region is a densely populated area with buildings constructed over
and near a vast array of fault systems capable of producing major earthquakes,
including, but not limited to the recent 1989 Loma Prieta Earthquake;
2) Cupertino is situated adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults run through
the lower foothills and the Monta Vista Fault is closer to the valley floor area. The
Hayward fault is North East of the City which would also presents a risk to
Cupertino in the event of an earthquake;
3) Vehicular traffic through Cupertino is significant, and continues to increase as
Cupertino is an employment center as well as the location of residential projects;
4) Cupertino is divided by major freeways and expressways, the occurrence of a major
earthquake could impact the ability of fire crews to respond to emergencies should
one or more of the freeways or expressways collapse, be substantially damaged, or
become gridlocked;
5) Fire suppression capabilities would be severely limited should the water system be
damaged during an earthquake;
6) Cupertino experiences low humidity, high winds and warm temperatures during
the summer months creating conditions which are particularly conducive to the
ignition and spread of grass, brush and structural fires;
7) Cupertino's topography contains remote, steep hillsides which further limits the
ability of emergency responders to extinguish or control wildland or structural fires ;
and
8) The local geographic, topographic and climatic conditions require amendments to
the California Codes to establish more restrictive conditions to improve structural
integrity of the buildings in the event of a seismic incident and provide o ther
protections to protect against the increased risk of fire.
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WHEREAS, a copy of all of the Codes to be incorporated by reference into this Ordinance were
made available prior to the adoption of this Ordinance as required by law;
WHEREAS, this Ordinance was found to be categorically exempt from environmental review
per the provisions of the California Environmental Quality Act of 1970, as amended, 14
California Code of Regulations, Section 15061(b)(3); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CUPERTINO:
SECTION 1. Chapter 16.02 of Title 16 of the Cupertino Municipal Code is hereby amended to
aaarepealed in its entirety and replaced with the following Chapter 16.02 to be entitled,
numbered, and to read as follows:
CHAPTER 16.02: ADMINISTRATIVE CODE
16.02.010 Purpose.
A. The purpose of this title is to establish the minimum requirements to safeguard to public
health, safety and general welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and
property from fire and other hazards attributed to the built environment and to provide safety
to fire fighters and emergency responders during emergency operations.
L This title provides for the administration and enforcement of the building, residentiat
plumbing, mechanicat electricat fire prevention, energy, housing, green building, building
conservation and historical codes adopted by the City of Cupertino.
16.02.020 Definitions.
For the purposes of this chapter the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the context
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words used in the present tense include the future, words in the plural number include the
singular number and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
A. "Building" means any structure used or intended for supporting or sheltering any
use or occupancy. A structure containing less than one hundred and twenty (120)
square feet of floor space shall not fall within this definition;
B. "Building Official" means the Chief Building Official for the City of Cupertino or
designee;
C. "City" means the City of Cupertino;
D. "Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
16.02.030 Scope.
The provisions of this title shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, use and occupancy and demolition of every building,
structure and building services equipment of every building or structure within the city.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. Where, in any specific case, different sections of
this code specify different materials, methods of construction or other requirements, the
most restrictive shall govern.
16.02.040 General.
Adopt Section [A] 104.1 of the ~2016 California Building Code as follows :
[A] 104.1 General. The Building Official is hereby authorized and directed to enforce
the provisions of this title. The Building Official shall have the authority to render
interpretations of the codes identified in this title and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose for each code. Such policies
and procedures shall not have the effect of waiving requirements specifically provided for
in the codes.
16.02.050 Applications and permits.
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Adopt Section [A] 104.2 of the ~2016 California Building Code as follows:
[A] 104.2 Applications and permits. The Building Official shall receive applications/
review construction documents and issue permits for the erection, and alteration,
demolition and moving of buildings and structures, inspect the premises for which such
permits have been issued and enforce compliance with the provisions of this code.
[A] 104.2.1 Determination of substantially improved or substantially damaged
existing building and structures in flood hazard areas. For application for
reconstruction, rehabilitation, repair, alteration, addition or other improvement of
existing buildings or structures located in flood hazard areas, the building official shall
determine the proposed work constitutes substantial improvement or repair of
substantial damage. Where the building official determines that the proposed work
constitutes substantial improvement or repair of substantial damage, and where
required by this code, the building official shall require the building to meet the
requirements of Section 1612.
16.02.060 Notices and orders .
Adopt Section [A] 104.3 of the ~2016 California Building Code as follows:
[A] 104.3 Notices and orders. The Building Official shall issue all necessary notices or
orders to ensure compliance with this code.
16.02.070 Inspections.
Adopt Section [A] 104.4 of the ~2016 California Building Code as follows:
[A] 104.4 Inspections. The Building Official shall make all of the required inspections,
or the Building Official shall have the authority to accept reports of inspection by approved
agencies or individuals. Reports of such inspections shall be in writing and be certified by a
responsible officer of such approved agency or by the responsible individual. The Building
Official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the appointing authority.
16.02.080 Identification.
Adopt Section [A] 104.5 of the ~201 6 California Building Code as follows:
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[A] 104.5 Identification. The Building Official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
16.02.090 Right of Entry.
Adopt Section [A] 104.6 of the ~2016 California Building Code as follows:
[A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or where the Building Official has reasonable cause to believe that
there exists in a structure or upon a premises a condition which is contrary to or in
violation of this code which makes the structure or premises unsafe, dangerous or
hazardous, the Building Official is authorized to enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by this code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and
entry requested. If such structure or premises is unoccupied, the Building Official shall first
make a reasonable effort to locate the owner or other person having charge or control of the
structure or premises and request entry. If entry is refused, the Building Official shall have
recourse to the remedies provided by law to secure entry.
16.02.100 Department records.
Adopt Section [A] 104.7 of the ~2016 California Building Code as follows:
[A] 104.7 Department records. The Building Official shall keep official records of
applications received, permits and certificates issued, fees collected, reports of inspections,
and notices and orders issued. Such records shall be retained in the official records for the
period required for retention of public records.
16.02.110 Liability.
Adopt Section [A] 104.8 of the ~2016 California Building Code as follows:
[A] 104.8 Liability. The Building Official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith
and without malice in the discharge of the duties required by this code or o ther pertinent
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law or ordinance, shall not thereby be rendered liable personally and is hereby relieved
from personal liability for any damage accruing to persons or property as a result of any
act or by reason of an act or omission in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that officer or employee in
the lawful discharge of duties and under the provisions of this code shall be defended by
legal representative of the jurisdiction until the final termination of the proceedings. The
Building Official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
16.02.120 Approved materials and equipment.
Adopt Section [ A J 104 .9 of the :2-0-l-J-2016 California Building Code as follows:
[A] 104.9 Approved materials and equipment. Materials, equipment and devices
approved by the Building Official shall be constructed and installed in accordance with
such approval.
la.02.130 Used materials and equipment.
Adopt Section [A] 104.9.1 of the 2013 California Building Code as follw.vs:
[A] 104.9.1 Used materials and equipment. The use of used materials which meet the
requirements of this code for new materials is permitted. Used equipment and devices
shall not be reused unless approved by the Building Official.
la.02.14016.02.130 Modifications.
Adopt Section [ A J 104.10 of the :2-0-l-J-2016 California Building Code as follows:
[A] 104.10 Modifications. Wherever there are practical difficulties involved in carrying
out the provisions of this code, the Building Official shall have the authority to grant
modifications for individual cases, upon application of the owner or owner's
representative, provided the Building Official shall first find that special individual reason
makes the strict letter of this code impractical and the modification is in compliance with
the intent and purpose of this code and that such modification does not. lessen h ealth,
accessibility, life and fire safety, or structural requirements. The details of action granting
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modifications shall be recorded and entered in the files of the department of building
safety.
la.02.15016.02.140 Alternate materials, design and methods of construction and equipment.
Adopt Section [A] 104.11 of the ~2016 California Building Code as follows:
[A] 104.11 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to
prohibit any design or method of construction not specifically prescribed by this code,
provided that any such alternative has been approved. An alternative material, design or
method of construction shall be approved where the Building Official finds that the
proposed design is satisfactory and complies with the intent of the provisions of this code,
and that the material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance,
durability and safety.
la.02.1@ Research Reports.
i:\do pt Se cti on [I\] 10 4.11 ,1 of the 2013 C alifornia Building Code as follo:i;,v s:
[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the
approval of materials or assemblies not specifically provided for in this code, shall consist
of valid research reports from approved sources.
l a.02.1 7016.02.150 Permit Required.
Adopt Section [A] 105.1 of the ~201 6 California Building Code as follows:
[A] 105.1 Required. Any owner or authorized agent who intends to construct, enlarge,
alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by the California
Code of Regulations, or to cause any such work to be done, shall first make application to
the Building Official and obtain the required permit.
A d op t Sec tion [A ] 105 .2 of the 2016 California Bui lding Code as fo ll ows:
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[A] 105.2 Work exempt from permit. Exemptions from permit requirement of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area is not greater than 120 square feet (11 m 2).
2. Fences not over 7 feet (2134 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000
gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade,
and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8 . Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a group R-3 occupancy that are less than
24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are
installed entirely about ground.
10 . Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swing and other playground equipment accessory to detached one-and two-family
dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall
that do not project more than 54 inches (1372 mm) from the exterior wall and do not
require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Mino r r epair work, including the r eplacement of lamps or
the connection of approved portable electrical e quipment to approved permanently
ins talled receptacle s .
Radio and television transmitting stations: The prov isions of this cod e shall not apply
to e le ctrical equipment u sed for radio and te levision transmissions, but do apply to
equipment and wiring fo r a power sup ply and the in stall a ti o n of to w ers and antenna s.
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Temporary testing systems: A permit shall not be required for the installations of any
temporary system required for the testing or servicing of electrical equipment or
apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Stearn, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however,
that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace the same with new
material, such work shall be considered as new work and a permit shall be obtained
and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and
the removal and reinstallation of water closets, provided such repairs do not involve
or require the replacement or rearrangement of valves, pipes or fixtures.
[A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must
be performed in an emergency situation, the permit application shall be submitted
within the next working business day to the building official.
Amend Section [A] 105.3 of the 2016 California Building Code as follows:
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the City for that purpose. Such
application shall:
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1. Identify and describe the work to be covered by the permit for which application is
made.
2. Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate
the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
16.02.180 Time limitation of application.
Adopt Section [A] 105.3.2 of the ~2016 California Building Code as follows:
[A] 105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 180 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 Offici a l is authoriz ed to grant one or more extensions of time for
additional periods not exceeding 90 days each. The extension shall be requested in writing
and justifiable cause demonstrated.
16.02.190 Validity of permit.
Adopt Section [A] 105.4 of the ~2016 California Building Code as follows :
[A] ·105.4 Validity of permit. The issuance or granting of a permit shall not be construed
to be a permit for, or an approval of, any violation of any of the provisions of this code or of
any other ordinance of the jurisdiction. Permits presuming to give authority to violate or
cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid .
The issuance of a permit based on construction documents and other data shall not prevent
the Building Official from requiring the correction of errors in the construction documents
and other data . The Building Official is also authoriz ed to prevent occupancy or use of a
structure where in violation of this code or of any other ordinances of this jurisdiction.
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16.02.2 00 Expiration.
Adopt Section [A] 105.5 of the ~2016 California Building Code as follows:
[A] 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. The Building Official is authorized to grant, in
writing, one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
16.02 .210 Suspension or revocation.
Adopt Section [A] 105 .6 of the ~2016 California Building Code as follows:
[A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or
revoke a permit issued under the provisions of this code wherever the permit is issued in
error or on the basis of incorrect, inaccurate or incomplete information, or in violation of
any ordinance or regulation or any of the provisions of this code.
16.02 .220 Placement of permit.
Adopt Section [A] 105.7 of the ~2016 California Building Code as follows :
[A] 105.7 Placement of permit. The building permit or copy shall be kept on the site of
the work until the completion of the project.
16.02.200 Submittal Documents.
[A] 107 .1 General. Submittal documents consisting of construction documents, statement
of special inspections, geotechnical report and other data shall be submitted in two or more
sets with each permit application. The construction document shall be prepared by a
registered design professional where required by the statutes of the jurisdiction in which the
project is to be constructed. Where special conditions exist, the building official is authorized
to require additional construction documents to be prepared by a registered design
professional.
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Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional
if it is found that the nature of the work applied for is such that the review of construction
documents is not necessary to obtain compliance with this code.
[A] 107.2 Construction documents. Construction documents shall be in accordance with
Sections 107.2.1 through 107.2.6.
[A] 107.2.1 Information on construction documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents are permitted
to be submitted when approved by the building official. Construction documents shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by the building official.
[A] 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection
system(s) shall be submitted to the Fire Department to indicate conformance to this code
and the construction documents and shall be approved prior to the start of system
installation unless prior approval is granted by the fire code official. Shop drawings shall
contain all information as required by the referenced installation standards in Chapter 9.
[A] 107.2.3 Means of egress. The construction documents shall show in sufficient detail
the location, construction, size and character of all portions of the means of egress
including the path of the exit discharge to the public way in compliance with the
provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the
construction documents shall designate the number of occupants to be accommodated on
every floor, and in all rooms and spaces.
[A] 107.2.4 Exterior wall envelope. Construction documents for all buildings shall
describe the exterior wall envelope in sufficient detail to determine compliance with this
code. The construction documents shall provide details of the exterior wall envelope as
required, including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at root eaves or parapets, means of drainage, water-resistive
membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that
provide supporting documentation that the proposed penetration and opening details
described in the construction documents maintain the weather resistance of the exterior
wall envelope. The supporting documentation shall fully describe the exterior wall system
which was tested, where applicable, as well as the test procedure used.
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[A] 107.2.5 Site plan. The construction documents submitted with the application for
permit shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirements for a site plan when the application for permit is for
alteration or repair or when otherwise warranted.
[A] 107.2.5.1 Design flood elevations. Where design flood elevations are not
specified, they shall be established in accordance with Section 1612.3.1.
[A] 107.2.6 Structural information. The construction documents shall provide the
information specified in Section 1603.
[A] 107.3 Examination of documents. The building official shall examine or cause to be
examined the accompanying submittal documents and shall ascertain by such examinations
whether the construction indicated and described is in accordance with the requirements of
this code and other pertinent laws or ordinances.
[A] 107.3.1 Approval of construction documents . When the building official is s ues a
permit, the construction documents shall be approved, in writing or by stamp, as
"Reviewed for Code Compliance". It shall be the responsibility of the owner or owner's
representative to obtain a hard-copy of the approved plans and documents which shall be
kept at the site of work and shall be open to inspection by the building official or a duly
authorized representative.
[A] 107.3.2 Previous approvals. This code shall not require changes in the construction
documents , construction or designated occupancy of a structure for which a lawful permit
has been h eretofore issued or otherwise lawfully authorized, and the construction of which
has been pursued in good faith within 180 days after the effective date of this code and has
n o t been abandoned.
[A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or stru cture before the
construction documents for the whole building or structure have been submitted, provided
that adequate information and detailed statements have been filed complying with
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pertinent requirements of this code. The holder of such permit for the foundation or other
parts of a building or structure shall proceed at the holder's own risk with the building
operation and without assurance that a permit for the entire structure will be granted.
[A] 107.3.4 Design professional in responsible charge. Where it is required that
documents be prepared by a registered design professional, the building official shall be
authorized to require the owner or the owner's authorized agent to engage and designate
on the building permit application a registered design professional who shall act as the
registered design professional in responsible charge. If the circumstances require, the
owner or the owner's authorized agent shall designate a substitute registered design
professional in responsible charge who shall perform the duties required of the original
registered design professional in responsible charge. The building official shall be notified
in writing by the owner or the owner's authorized agent if the registered design
professional in responsible charge is changed or is unable to continue to perform the
duties.
The registered design professional in responsible charge shall be responsible for
reviewing and coordinating submittal documents prepared by others, including phased
and deferred submittal items, for compatibility with the design of the building.
[A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have the
prior approval of the building official. The registered design professional in responsible
charge shall list the deferred submittals on the construction documents for review by
the building official.
Documents for deferred submittal items shall be submitted to the registered design
professional in responsible charge who shall review them and forward them to the
building official with a notation indicating that the deferred submittal documents have
been reviewed and found to be in general conformance to the design of the building.
The deferred submittal items shall not be installed until the deferred submittal
document have been approved by the building official.
[A] 107.4 Amended construction documents. Work shall be installed in accordance with
the approved construction do_cuments, and any changes made during construction that are not
in compliance with the approved construction shall be submitted for approval as an amended .
set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than required by
the approved City's document retention plan.
Coun c il Agenda: November I , 20 I 6
Page: 15
Rev is io n Date : November!, 2016
IT EM#IO
16.02.23016.02.240 Responsibility of permittee.
Add new Section [A] 105.8 to the ~2016 California Building Code to read as follows:
[A] 105.8 Responsibility of permittee. Building permits shall be presumed to
incorporate the provision that the applicant, the applicant's agent, employees or
contractors shall carry out the proposed work in accordance with the approved plans and
with all requirements of this code and any other laws or regulations applicable thereto,
whether specified or not. No approval shall relieve or exonerate any person from the
responsibility of complying with the provisions and intent of this code.
16.02.24016.02.250 Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the city.
16.02.25016.02.260 Inspections.
Adopt Section [A] 110.1 of the ~2016 California Building Code as follows:
[A] 110.1 General. Construction or work for which a permit is required shall be subject
to inspection by the Building Official and such construction or work shall remain accessible
and exposed for inspection purposes until approved. Approval as a result of an inspection
shall not be construed to be an approval of a violation of the provisions of any of the codes
or amendments specified in this title. It shall be the duty of the permit applicant to cause
the work to remain accessible and exposed for inspection purposes. Neither the Building
Official nor the City of Cupertino shall be liable for expense entailed in the removal or
replacement of any material required to allow inspections.
Adopt Section [A] 110.2 of the ~2016 California Building Code as follows:
[A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is
authorized to examine or cause to be examined buildings, structures and sites for which an
application has been filed.
Amend Section [A] 110.3 of the 2016 California Building Code as follows:
Council Agenda: November I, 2016
Page: 16
Rev isio n Date: Novemb er 1, 20 16
ITEM #IO
[A] 110.3 Required inspections. The Building Official, upon notification, shall make the
inspections set forth in Section 110.3.1 through 110.3.10.
[A] 110.3.1 Footing and foundation inspection. Footing and foundation inspection shall
be made after excavations for footings are complete any required reinforcing steel is in
place. For concrete foundations, any required forms shall be in place prior to inspection.
Material for the foundation shall be on the job, except where concrete is ready mixed in
accordance with ASTM C94, the concrete need not be on the job.
An engineering survey and/or pad certification may be required by the Building Official
prior to the approval of the foundation inspection.
[A] 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor
inspections shall be made after in-slab or under-floor reinforcing steel and building service
equipment, conduit, piping accessories and other ancillary equipment items are in place,
but before any concrete is placed or floor sheathing installed, including the subfloor.
[A] 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 required in Section 1612.5 shall be submitted to the building official.
[A] 110.3.4 Frame inspection. Framing inspection shall be made after the roof deck or
sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and
vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes
and ducts are approved.
[A] 110.3.4.1 Moisture content verification. Moisture content of framing members
shall be verified in accordance with the California Green Building Standards Code
(CALGreen), Chapter 4, Division 4.5.
[A] 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum
board and gypsum panel product, interior and exterior, are in place, but before any
plastering is applied or gypsum board and gypsum panel product joints and fasteners are
taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-
resistance-rated assembly or a shear assembly.
Council Age nda: Novembe r I , 20 I 6
Page: 17
Revision Date : November I, 2016
ITEM #10
[Al 110.3.6 Fire-and smoke-resistant penetrations. Protection of joints and
penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall
not be concealed from view until inspected and approved.
[Al 110.3 .7 Energy efficiency inspections. Inspections shall be made to determine
compliance with Chapter 13 and shall include, but not be limited to, inspection for:
envelope insulation R-and U-values, fenestration U-value, duct system R-value, and
HV AC and water-heating equipment efficiency.
Adopt Section [A] 110.3.8 of the ~2016 California Building Code as follows:
[A] 110.3.8 Other Inspections. In addition to the called inspections specified above, the
Building Official is authorized to make or require any other inspections of any construction
work to ascertain compliance with the provisions of this code and other laws that 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 at
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.
[Al 110.3.9 Special inspections. For special inspections, see Chapter 17.
[Al 110.3.10 Final inspection. The final inspection shall be made after all work required
by the building permit is completed.
All surveys, pad certifications, engineering certifications, structural observation reports,
special inspection reports, and any other documentation related to each of the required
inspections as required by the Building Official shall be reviewed and approved by the City
prior to the approval of each inspection unless approval is granted by the Building Official
to allow required documentation to be reviewed and approved prior to final inspection.
[Al 110.3.10.1 Flood hazard documentation. If located in a flood hazard area,
documentation of the elevation of the lowest floor as required in Section 1612.5 shall be
submitted to the building official prior to the final inspection.
110.3.10.2 Operation and maintenance manual. At the time of final inspection, an
electronic copy of the operation and maintenance manual acceptable to the enforcing
agency shall be placed in the building in accordance with the California Green Building
Standards Code (CALGreen), Chapter 4, Division 4.4.
Co un cil Agend a: Novemb er I , 20 16
Page: 18
Rev is ion Date : Nove mb er I , 201 6
ITEM #IO
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of
approved inspection agencies, provided such agencies satisfy the requirements as to
qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit
or their duly authorized agent to notify the building official when work is ready for
inspection. It shall be the duty of the permit holder to provide access to and means for
inspection of such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in
each successive inspection without first obtaining the approval of the building official. The
building official, upon notification, shall make the requested inspections and shall either
indicate the portion of the construction that is satisfactory as completed, or notify the
permit holder or his or her agent wherein the same fails to comply with this code. Any
portions that do not comply shall be corrected and such portion shall not be covered or
concealed until authorized by the building official.
16.02.26016.02.270 Certificate of Occupancy.
Adopt Section [A] 111.1 of the ~2016 California Building Code as follows:
[A] 111.1 Use and oc~upancy. 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 any provision of this title or any ordinance of the City of
Cupertino.
Adopt Section [A] 111.2 of the ~2016 California Building Code as follows:
[A] 111.2 Certificate issued. After the Building Official inspects the building or
structure and finds no violations of the provisions of this code or other laws that are
enforced by the Building Department, the Building Official may issue a certificate of
occupancy that contains the following :
1. The building permit number.
2. The address of the building or structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued .
Cou nc il Agend a : Novemb er I , 20 16
Page : 19
Rev is ion Date: Novemb er I , 20 16
ITEM #10
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provision of Chapter 3 of the
California Building Code.
9. The type of construction as defined in Chapter 6 of the California Building Code.
10. The design occupant load.
11. If the automatic sprinkler system is provided, whether the sprinkler system is
required.
12. Any special stipulations and conditions of the building permit.
Adopt Section [A] 111.3 of the ~2016 California Building Code as follows:
[A] 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, provided that such portion of portions shall be occupied safely. The Building
Official shall set a time period during which the temporary certificate of occupancy is valid .
Adopt Section [A] 111.4 of the ~2016 California Building Code as follows:
[A] 111.4 Revocation. The Building Official is authorized to, in writing, suspend or
revoke a certificate of occupancy or completion issued under the provisions of the
California Building Code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or structure or
portion thereof is in violation of any ordinance or regulation or any of the provisions of the
California Building Code.
16.02.270 Board of Appeals.
Adopt Section [A] 113.1 of the ~2016 California Building Code and amend to read as
follows:
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or
d e terminations made by the Building Official relative to application and interpretation of
the codes identifi e d in this Title, there shall be and is h ereby cr ea ted 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 Board of ·
Co un cil Agenda: Nov ember I , 20 16
Page: 20
Rev is ion Date: Novemb er I , 20 I 6
!TEM #IO
Appeals shall be appointed by the Mayor, subject to the approval of the City Council. 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. To the extent permitted by law, the same personnel of the Board of
Appeals appointed under this code may act as the Board of Appeals under this Title. In the
event where no such Board of Appeals has been established, the City Council shall serve as
said Appeals Board.
Add Section [A] 113.1.1 to read as follows:
[A] 113.1.1 Access Compliance. Per Health and Safety Code 19955 -19959.5, in order
to hear and decide appeals of orders, decisions or determinations made by the Building
Official relative to Access Compliance, there shall be and is hereby created a Board of
Appeals consisting of five members to hear written appeals brought by any person
regarding action taken by the Building Department. Two members of Accessibility Board
of Appeals shall be physically handicapped persons, two members shall be persons
experienced in construction, and one member shall be a public member. The Accessibility
Board of Appeals shall be appointed by the Mayor, subject to the approval of the City
Council. The Accessibility Board of Appeals 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. In the event where no such
Board of Appeals has been established, the City Council shall serve as said Appeals Board.
16.02.28016.02.290 Violations.
Adopt Section [A] 114.1 of the ~2016 California Building Code as follows:
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to
erect, construct, alter, extend, repair, move, remove, demolish or occupancy any building,
structure or equipment regulated by the codes identified in this title, or cause same to be
done, in conflict with or in violation of any of the provisions of any code identified in this
title .
Adopt Section [A] 114.2 of the ~2016 California Building Code as follows:
[A] 114.2 Notice of violation.· The Building Official is authoriz ed to serve a notice of
violation or order on the pers on responsible for the erection, construction, alteration,
Coun c il Agend a: Novemb er 1, 20 16
Page: 2 1
Rev is io n Da te: Novemb er 1, 201 6
ITEM #IO
extension, repair, moving, removal, demolition or occupancy of a building or structure in
violation of any provisions of any code identified in this title, or in violation of a permit or
certificate issued under the provisions of any code identified in this title. Such order shall
direct the discontinuance of the illegal action or condition and the abatement of the
violation.
16.02.290 Stop Work Order.
Adopt Section [A] 115.1 of the ~2016 California Building Code as follows:
[A] 115.1 Authority. Whenever the Building Official finds any work regulated by this
code being performed in a manner either contrary to the provisions of any code identified
in this title or dangerous or unsafe, the Building Official is authorized to issue a stop work
order.
Adopt Section [A] 115.2 of the ~2016 California Building Code as follows:
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given 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, and the conditions under which the cited
work will be permitted to resume.
SECTION 2. Chapter 16.04 of Title 16 of the Cupertino Municipal Code is hereby repealed in
its entirety and replaced with the following Chapter 16.04 to be entitled, numbered, and
readopted to read as follows:
CHAPTER 16.04: BUILDING CODE
16.04.010 Code Adoption.
A.-The provisions of the ~2016 California Building Code, Volumes 1 and 2 inclusive,
and Appendices which follow and each and all of the regulations, provisions, conditions and
terms of the code is referred to as if fully set forth in this chapter, and is by such reference
adopted.
Co un c il Agend a: Novemb er I , 20 16
Page: 22
Rev is io n Date: Novemb er I , 201 6
ITEM #10
B.-One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
16.0 4.0 15 Adoption o f Appendix Chapters.
The following Appendix Chapters from the ~2016 California Building Code are hereby
adopted.
Appendix C: Group U -Agricultural Buildings;
Appendix F: Rodentproofing;
Appendix G: Flood-Resistant Construction;
Appendix I: Patio Covers;
California Code Part 8: ~2016 California Historical Building Code;
California Code Part 10: ~2016 California Existing Building Code;
California Code Part 12: ~2016 California Referenced Standards Code
16.04.050 Address Identification.
Adopt Section 501.2 of the ~2016 California Building Code and amend to read as
follows:
New and existing buildings shall be provided with approved address numbers or
letters. Each character shall be not less than 4 inches in height and not less than 0.5 inch 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.
No Certificate of Occupancy or final building approval for new construction or
alterations shall be granted until the building or residence has a street address number
posted. Subdivisions and Planned 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.
Coun c il Agend a: Novemb er I , 20 16
Page: 23
Rev is io n Date: Novemb e r I , 201 6
ITEM #IO
16.04.070 Exterior Wildfire Exposure.
Amend Section 707 A.&-2_of the ~2016 California Building Code to read as follows:
707 A.8-2._ Underside of appendages. The underside of overhanging appendages shall be
enclosed to grade in accordance with the requirements of this chapter or the underside of
the exposed underfloor shall consist of one of the following:
1. Noncombustible material.
2. Ignition-resistant material.
3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on
the underside of the floor projection.
4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the
underside of the floor including assemblies using the gypsum panel and sheathing
· products listed in the Gypsum Association Fire Resistance Design Manual.
5. The underside of a floor assembly that meets the performance criteria in accordance
with the test procedures set forth in the SFM Standard 12-7 A-3 or ASTM E2957 .
Exception: Heavy timber structural columns and beams do not require protection.
Amend Section 710A.3 of the 2013 California Building Code to read as follmvs:
710A.3 \"/here required . Accessory structures shall comply with the requirements of this
section.
710A.3.1 Attached accessory structures shall comply T.vith the requirements of this section.
Amend Section 710l.r.1 of the 2013 California Building Code to read as follmvs:
Amend Section 710A.4 of the 2016 California Building Code to read as follows:
710A.4 Requirements. Accessory structures shall be constructed on noncombustible or
ignition-resistant materials.
16.04.080 Roof Covering Classification.
Amend Section 1505 .1.3 of the ~2016 California Building Code to read as foll ows:
Co un c il Age nd a : Novemb er I , 20 I 6
Page: 24
Revis ion Da te: Novemb er I , 20 16
ITEM #10
1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied in
the alteration, repair or replacement of the roof of every existing structure, shall be a fire-
retardant roof covering that is at least Class A.
Amend Section 1505 .1.4 of the ~2016 California Building Code to read as follows:
1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 50 percent of the total roof area
is replaced within any one-year period, the entire roof covering of every new structure, and
any roof covering applied in the alteration, repair or replacement of the roof of every
existing structure, shall be a fire-retardant roof covering that is at least Class A.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area
shall also comply with Section 705A.
16.04.340 Conventional Construction Provisions (Bracing).
Amend Section 2308.9.3 of the 2013 California Building Code to read as follmvs:
2308.9.3 Bracing. Braced v.,all 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 1
fee (1219 mm). Braced ,,vall panels shall start not more than 12 % feet (3810 mm) from each
end of a braced wall line. Braced wall panels shall be clearly indicated on the plans.
Construction of braced 'iivall panels shall be by one of the following methods:
1. Nominal 1 inch by 1 inch (25mm by 102 mm) continuous diagonal braces let into top
and bottom plates and intervening studs, placed at an angle not more than 60 degrees
(1.0 rad) or less than 15 degrees (0.79 rad) from the horizontal and attached to the
framing in conformance with Table 2301.9.1.
2. \,Y:ood boards of 5/8 inch (15 .9 mm) net minimum thickness applied diagonally on studs
spaced not over 21 inches (610 mm) o.c.
3. \,Y:ood structural panel sheathing with a thickness not less than 3/8 inch (9.5 mm) for 16
inch (106 mm) or 21 inch (610 mm) stud spacing in accordance with Tables 3308.9.3(2)
and 3308.9.3(3).
Council Agenda: November I , 20 16
Page: 25
Revision Date : November I , 2016
ITEM #JO
4. Fiberboard sheathing panels not less than V2 inch (12.7 mm) thick applied vertically or
horizontally on studs spaced not over 16 ir,ches (406 mm) o.c. 1.vhere installed with
fasteners in accordance with Section 2306.6 and Table 2306.6.
5. Not adopted .
6. Particleboard 1Nall sheathing panels 1Nhere installed in accordance >,vith Table
2308 .9.3(4).
7. Portland cement plaster on studs spaced 16 inches (406 mm) o.c. installed in accordance
with Section 2510. This item is limited to one story structures of R 3 and U occupancies.
8. Hardboard panel siding where installed in accordance 1Nith Section 2303.1.6 and Table
2308.9.3(5).
For cripple v.rall bracing, see Section 2308.9.4.1. For Methods 2,3,4,6,7 and 8, 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 1,vhere studs are spaced 24
inches (610 mm) apart.
For Method 5, each panel must be at least 96 inches (2438 mm) in length v.rhere applied
to one face of a panel and 48 inches (1219 mm) 1Nhere applied to both faces. All vertical
joints of panel sheathing shall occur over studs and adjacent panel joints shall be nailed to
common framing members. Horizontal joints shall occur over blocking or other framing
equal in size to the studding except 1.vhere waived b the installation requirements for the
specific sheathing materials . Sole plates shall be nailed to the floor framing and top plates
shall be connected to the framing above in accordance vlith Section 2308.3.2 . 1A7here joists
are perpendicular to braced 1.vall lines above, blocking shall be provided under and in line
with the braced wall panels.
16.04.36016.04.200 Concrete Isolated Footings.
Amend Section 1705.3 Exception #1 of the 2013 CBC2016 California Building Code to
read as follows:
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
Coun c il Agenda : Novemb er I , 201 6
Page : 26
Rev is ion Date : Novemb e r I , 20 I 6
ITEM #10
based on a specified compressive strength, f' c, no greater than 2,500 pound per square
inch (psi) (17.2 Mpa).
16.04.37016.04.210 Revise Section 1905.1.8--LACI 318LSection ~14.1.4.
Amend Delete Section 1905.1.g...z_and ACI 318 Section ~14.1.4 and replace with the
following:
1905.1.7 ACI 318, Section 14.1.4.
~14.1.4 -Plain concrete in structures assigned to seismic design category CD, E or
F.
22.10.114.1.4.1 -Structures assigned to Seismic Design Category CD, E or F shall not
have elements of structural plain concrete, except as follows :
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member does
not exceed the footing thickness.
Exception:
In detached one and two-family dwelling three stories or less in height, the projection of
the footing beyond the face of the supported member is permitted to exceed the footing
thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at
least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4
and shall have a total area of not less than 0.002 times the gross cross-sectional area of
the footing. A minimum of one bar shall be provided at the top and bottom of the
footing . Continuity of reinforcement shall be provided at corners and intersections .
Exception:
In detached one and two-family dwellings three stores or less in height and constructed
with stud bearing walls, plain concrete footings with at least two continuous
longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of
less than 0.002 times the gross cro ss -sectional area of the footing.
16.04.400 Swimming Pools.
Coun c il Agend a: Novemb er I , 20 16
Page : 27
Rev is ion Date: Novemb er I , 201 6
ITEM #10
Adopt Section 3109 of the ~2016 California Building Code.
Inspections for Swimming Pools.
A. All Work to Be Inspected. All pool installations or alterations thereto including
equipment, piping and appliances related thereto shall be inspected by the Building
Department to insure compliance with the requirements of the California Building Code.
B. Called Inspections. It shall be the duty of the person doing the work authorized by the
building permit to notify the Building Department that said work is ready for
inspection. Such notification shall be given not less than twenty-four hours before the
work is to be inspected.
1. Pregu:ri.ite inspection is required when all steel is in place, piping from the pool area
is in with pressure test, all steel and related attachments are properly bonded and
underwater light housing is installed;
2. An inspection is required for all conduit and gas piping under slabs before decks are
poured;
3. Final inspection is required after all equipment is in place and operating, the pool is
filled with water and all fences and gates are installed;
4. A reinspection fee per the adopted fee schedule per inspection will be charged for
each inspection over two where the work is not ready or corrections have not been
completed;
5. The owner shall arrange with the Building Department for inspectors to enter the
property to make necessary inspections in connection with the pool.
SECTION 3. Chapter 16 .06 of Title 16 of the Cupertino Municipal Code is hereby repealed in
its entirety and replaced with the following Chapter 16.06 to be entitled, numbered, and
readopted to read as follows:
CHAPTER 16.06 RESIDENTIAL CODE
16.06.010 Code Adoption.
A.-The provisions of the ~2016 California Re s idential Code and specified Appendices
and each and all of the regulations, provisions, conditions and terms of the code is referred
to as if fully set forth in this chapter, and is by such reference adopted.
Council Agend a: November I, 20 16
Page: 28
Rev is io n Da te : Nove mb er I , 20 16
ITEM #10
B.-One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public
inspection.
16.06.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the ~2016 California Residential Code are
hereby adopted:
Appendi)( A: Sizing ar.d Capacities of Gas Piping;
Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems;
Appendi)( C: S:i;vimming Pools, Spas and Hot Tubs;
Appendix H: Patio Covers;
Appendix J: Existing Building and Structures;
Appendix K: Sound Transmission;
Appendix V: Swimming Pool Safety Act
16.06.050 Automatic Fire Sprinkler Systems.
Amend Section R313.1 of the ~2016 California Residential Code to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire
sprinkler system shall be installed in all new townhouses and in existing townhouses when
additions are made that increase the building area to more than 3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011 that do not total more than
1000 square feet of building area.
Amend Section R313.2 of the ~2016 California Residential Code to read as follows:
R313.2 One-and two-family dwellings automatic fire sprinkler systems. An
automatic residential fire sprinkler system shall be installed in one-and two-family
dwellings as follows:
1. In all new one-and two-family dwellings, re build o f ex is tin g on e -and two-family
d wellings as d efi ned b y the Building O ffici al, and in existing one-and two-family
Coun c il Agend a: Novemb er I , 2016
Page : 29
Rev is ion Da te: Novem be r I , 2016
ITEM #10
dwellings when additions are made that increase the building area to more than 3,600
square feet.
Exception:
L One or more additions made to a building after January 1, 2011 that do not total more
than 1000 square feet of building area.
2. A fire sprinkler system is not required for an accessory dwelling unit if a fire sprinkler
system is not provided for the primary residence it serves.
2. In all new basements and in existing basements that are expanded.
Exception:
Existing basements that are expanded by not more than 50%.
16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure.
Amend Section R327 .7.8 337.7.9 of the ~2016 California Residential Code to read as
follows:
R327.7.8 337.7.9 Underside of appendages. The underside of overhanging appendages
shall be enclosed to grade in accordance with the requirements of this chapter or the
underside of the exposed underfloor shall consist of one of the following :
1. Noncombustible material.
2. Ignition-resistant material.
3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on
the underside of the floor projection.
4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the
underside of the floor including a ssemblies using the gypsum panel and sheathing
products listed in the Gypsum As so ciation Fire Resistance Design Manual.
5. The underside of a floor assembly that meets the performance criteria in accordance
with the test procedures set forth in the SFM Standard 12 7A 3.either of the following:
5.1 SFM Standard 12-7 A-3; or
5.2 ASTM E2957
Exception: Heavy timber structural columns and beams do not require protection.
Counc il Agenda: November I , 20 I 6
Page: 30
Revision Date : Novemb e r I , 20 16
ITEM #IO
Amend Section ~337.10.3 of the ~2016 California Residential Code to read as
follows:
~R337.10.3. Where required. Accessory structures shall comply with the
requirements of this section.
R327.10.3.1. Attached accessory structures shall comply with the requirements of
this section.
Amend Section R32-7R337 .10.4 of the ~2016 California Residential Code to read as
follows :
~R337.10.4 . Requirements. Accessory structures shall be constructed on
noncombustible or ignition-resistant materials.
16.06.070 Footings.
Amend Section R403 .1 of the ~2016 California Residential Code to read as follows:
R403.1 General. All exterior walls shall be supported on continuous solid or fully
grouted masonry or concrete footings, or other approved structural systems which shall be
of sufficient design to accommodate all loads according to Section R301 and to transmit the
resulting loads to the soil within the limitations as determined from the character of the
soil. Footings shall be supported on undisturbed natural soils or engineered fill. Concrete
footings shall be designed and constructed in accordance with the provisions of Section
R403 or in accordance with ACI 332.
I,QAI} llEARING ¥AI,YE QF ~QJI, (:psO
l,;00 ~ ~ ~ 4,QQQ
Genventienal light !Fame eenst:fuetien
± Sf8fj' 12 12 12 12
~ Sf8fj' -1-§ 12 12 12
J Sf8fj' ~ -l7 12 12
4 ineh bFiek v:eneeF ev:e:f light !Fame e:f 8 ineh heUew eeneFete maseney
± Sf8fj'
~ Sf8fj'
J Sf8fj'
Co un c il Agend a: Novemb er I , 20 16
Pa ge: 3 1
Rev is ion Date : Novemb er I , 20 16
12
u
~
12 12 12
-le 12 12
24 -le 12
ITEM #10
8 iaeh selid eF tally grnated maseaey
1 . M u u u --................. _]
') -L---, ~ 2-± -l-4 u --....,-~-J
') --. ~ ~ 2-± M --·--J
FoF SI: 1 inch 25.4 mm, 1 pound peF square foot 0.0479 kPa .
a . Where minimum footing width is 12 inches, use of a single YNythe of solid or fully
grouted 12 inch nominal concrete masonry units is permitted.
Amend Section R403 .l.1 of the ~2016 California Residential Code to read as follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as
set forth in Table R403.1 (1) to Table R403.1(3) and Figure 403.l(l).R403.l.3. The footing
width, W, shall be based on the load-bearing value of the soil in accordance with Table
R401.4.1. Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing
projection, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of the
footing. The size of footings supporting piers and columns shall be based on the tributary
load and allowable soil pressure in accordance with Table R401.4.1.
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
16.06.08016.06.090 Roof Covering Classification.
Amend Section R902 .l.3 of the ~2016 California Residential Code to read as follows:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied in
the alteration, repair or replacement of the roof of every existing structure, shall be a fire-
retardant roof covering that is at least Class A.
Amend Section R902.l.4 of the ~2016 California Residential Code to read as follows:
R902.1.4 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 50 percent of the total roof area
is replaced within any one-year period, the entire roof covering of every new structure, and
Counci l Agenda: November I , 20 16
Pa ge: 32
Rev is ion Date: Novemb er I , 20 16
any roof covering applied in the alteration, repair or replacement of the roof of every
existing structure, shall be a fire-retardant roof covering that is at least Class A.
IT EM #10
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area
shall also comply with Section ~337.5.
16.06.085 16.06.100 Spark Arrestors.
In new construction or when alterations, repairs or additions requiring a permit and
having a valuation in excess of one thousand dollars occur, all new and existing fireplace
chimneys shall terminate in a substantially constructed spark arrestor complying with the
requirements of the ~2016 California Residential Code Section R1003.9.2.
16.06.090 Seismic Reinforcing.
Amend Section R103.l.3 of the 2013 California Residential Code to read as follmvs:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories Dg,
-D+ and D;1, as established in Table R301.2(1), shall have minimum reinforcement of at least
hvo continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom
reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the
footi.'1g.
In Seismic Design Categories DG,---0:i. and D;1 where a construction joint is created between a
concrete footing ar..d a stem wall, a minimum of one No. 1 bar shall be installed at not more
than 4 feet (1219 mm) on center. The vertical bar shall e)(tend to 3 inches (76 mm) clear of
the bottom of the footing, have a standard hook and e)ctend a minimum of 11 inches (357
mm) into the stem wall.
In Seismic Design Categories DG,---0:i. and D;1 'Nhere a grouted masonry stem 'i>vall is
supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be
installed at not more than 1 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 DG,---0+ and D;1 masonry stem ,,..-,all s >,vithout solid grout and
vertical reinforcing are not permitted.
Exception:
Co un c il Agend a: Novemb er I , 201 6
Page: 33
Rev is io n Date: Novemb er I , 201 6
ITEM #10
In detached one and tv,'o family d·,vellings ·.vhich are three stories or less in height and
constructed ·.vith stud bearing -..valls, isolated plain concrete footings supporting
columns or pedestals are permitted.
16.06.10016.06.110 Intermittent Brace Wall Panel Construction Methods.
Amend GRG-Section R602.10.4 of the California Residential Code, to add a new footnote
¥I to the end of CRC Table R602.10.3(3), to read as follows:
e-a-[ In Seismic Design Categories Do, D1, and D2, Method GB is not permitted and the use of
Method PCP is limited to one-story single family dwellings and accessory structures.
Add the ¥I footnote notation in the title of Table R602.10 .J:..3(3) to read as follows:
TABLE R602.10.3(3)ef
BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY
Add a new subsection R602.10.4.4 of the 2016 California Residential Code, to read as
follows:
R602.10.4.4 Limits on methods GB and PCP . In Seismic Design Categories Do, D1, and D2,
Method GB is not permitted for use as intermittent braced wall panels, but gypsum board
is permitted to be installed when required by this Section to be placed on the opposite side
of the studs from other types of braced wall panel sheathing. In Seismic Design Categories
Do, D1, and D2, the use of Method PCP is limited to one-story single family dwellings and
accessory structures.
Council Agenda : November I , 20 I 6
Page: 34
Rev is io n Dat e: Novemb er I , 2016
ITEM #10
SECTION 4. Chapter 16.12 of Title 16 of the Cupertino A4unicipal Code is hereby repealed
and readopted to read a s follow s :
CHAPTER 16.12 SOILS AND FOUND,A .. TIONS SUBDIVISIONS
16 .12.010 Code Adoption.
The ordinance codified in thi s chapter is enacted pursuant to the provisions of Section
17953 through 17957 of the Health and Safety Code, relating to housing, and reaffirms the
requirements of an approved soils report as a condition to the is suance of a building
permit.
16.12.020 Required.
A. ,\ soils report, as described in Section 17953 of the California Health and Safety
Code, shall be required of every subdivision a s defined ir. the Subdivision A.fop Act of the
State of California (commencing at Section 66101 of the California Government Code) ar.d
shall al s o be required as a condition p r ecedent t o the iss uance of ar.y building permit for
any structure to be built on any lot or subdivision.
B. ~aid soils report may be ,,vaived by the Building Official or if the Public ,6/orks
Director determines that due to the knowledge such department has as to the soil qualitie s
of the soil of the subdivision or lot, no analysis is necessary.
C. No building permit shall be issued for the cons truction of any building or
structur e on any lot o r subdivision subject to thi s chapter unless or until an approved
preliminary s oil report has been filed fi rs t v.r ith the Building Official and City Engineer; or
said report has been waived pursuant to the prov isions of thi s chapter or, th.e corrective
action, if any, has been assured.
16.12.030 Report Requirements.
The report shall b e co m p r ehen sive and shall in clud e an a nalysis of:
A . St a bi li t y o f all sl opes, ,.vithin the lo t (subdivision) or slopes ab ove, belovv or adjacen t
to the are a under investigati on;
B. The classification of a ll soils for e)cpans ion potential;
Coun c il Agenda : Novemb e r I , 20 16
Pa ge: 35
Revis io n Dat e: Novemb er I , 2016
ITEM #IO
C. The classification of the soils according to the Unified Soils Classification System;
D . The establishment of design bearing values and anticipated mmcimum settlements;
E. Soil profiles including relevant data to depths 1.vhich reflect the nature ar.d
magnitude of the future loading;
F. The presence of rocks or liquids containing deleterious chemicals, which, if not
corrected, could cause construction materials such as concrete, steel, and ductile or
cast iron to corrode or deteriorate.
16.12.040 Preparation.
The soils report shall be prepared by a civil engineer who is registered by the state ar.d
shall be based upon adequate test borings, e)(cavations, or in the case of the letter of reviev,,r,
field observations.
16.12.050 Approval of Report.
The preliminary soil report shall be filed 1.vith and approved by the City Engineer.
16.12.060 Conditions for Euilding Permit.
No building permit shall be issued for the construction of any structure on any lot or
subdivision subject to this chapter unless or until an approved preliminary soil report has
been filed first with the City Engineer; or said report has been 'waived pursuant to the
provisions of this chapter or, the corrective action, if any, has been assured .
Co un c il Age nd a : Novemb er I , 201 6
Page: 36
Rev is ion Date : November I , 20 16
ITEM #10
SECTION M . Chapter 16.16 of Title 16 of the Cupertino Municipal Code is hereby repealed in
its entirety and replaced with the following Chapter 16.16 to be entitled, numbered, and
readopted to read as follows:
CHAPTER 16.16: ELECTRICAL CODE
16.16.010 Code Adoption.
A.-The provisions of the ~2016 California Electrical Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth in
this chapter, and is by such reference adopted.
B.-One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public
inspection.
16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the ~2016 California Electrical Code have been
adopted .
16.16.020 Article 100 Amended-Definitions.
Adopt Article 100 of the 2016 California Electrical Code as amended by adding thereto
the follmving:with the following definitions added:
A-a-Electrical Contractors: For the purpose of this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's license issued by the State of California.
Ih-Journeyman Electrician: A journeyman electrician is an electrician qualified by training
and experience to do electrical work in conjunction with new construction and/or rework
of existing systems.
(:;-Maintenance Electrician : A maintenance electrician in an electrician qualified by
training and experience to do the recurring work required to keep a facility in such
condition that it may b e utilized at its designated capacity and efficiency, to do repair work
Cou nc il Agend a: November I , 20 16
Page : 37
Re vis ion Date: Novem ber I, 20 l 6
ITEM #10
or replacement or overhaul of constituent parts or materials to keep or restore a facility to a
condition substantially equivalent to its original or design capacity or efficiency.
16.16.02516.16.030 Electrical Work.
Electrical work shall be done only by:
a. Owner/occupant;
b . Electrical contractors who are in compliance with the state licensing laws and whose
employees are under the direct supervision of a qualified journeyman electrician;
c. General Building Contractor 1.vith current B I license in conjunction v.rith building
permit onlyif the scope of work involves at least two unrelated trades or crafts other
than framing or carpentry, or if the general building contractor holds the appropriate
license classification;
d. Maintenance electrician.
16.16.03016.16.040 Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the
city.
16.16.04016.16.050 Interpretation.
A. The language used in this cod e, and the California Electrical Code, which is made a part
of this code by reference, is intended to convey the common and accepted meaning
familiar to the electrical industry.
B. The Building Official or his as sistants is authorized to determine the intent and meaning
of any provisions of this code. Such determination shall be made in writing and a
record kept, which record shall be open to the public.
16.16.05016.16.060 Electrical Maintenance Program.
Any p erson regularly employing one or m o re full-tim e qualified electricians for the
purpose of installation, alteration, maintenance or repair on any property which such
p er s on owns or occupies, may designate a qualified electrician as a maintenance
Coun c il Agend a: November I , 20 16
Page: 38
Rev is io n Da te: November I , 201 6
ITEM #IO
electrician. Upon being approved by the Chief Building Official, the maintenance
electrician shall make monthly or quarterly reports to the city covering all installations,
additions, or alterations. All such work shall be installed and done in accordance with the
provisions of the Electrical Code, and shall be subject to the payment of fees, and to
inspection by the electrical inspector to the same extent as similar work performed by other
persons and for which such inspection is provided .
Counci l Agenda: November I , 20 16
Page: 39
Rev is io n Date: Novemb er I , 20 16
ITEM #IO
SECTION <iS . Chapter 16.20 of Title 16 of the Cupertino Municipal Code is hereby repealed in
its entirety and replaced with the following Chapter 16.20 to be entitled, numbered, and
readopted to read as follows:
CHAPTER 16.20: PLUMBING CODE
16.20.010 Code Adoption.
A.-The provisions of the ~2016 California Plumbing Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth in
this chapter, and is by such reference adopted.
B.-One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public
inspection.
16.20.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the ~2016 California Plumbing Code are
hereby adopted:
Appendix A: Recommended Rules for Sizing the Water Supply System;
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix C: Alternate Plumbing Systems;
Appendix D: Sizing Storm Water Drainage Systems;
Appendix H: Private Sewage Disposal Systems;
Appendix I: Installation Standards for PEX Tubing Systems for Hot-and Cold-Water
Distribution;
16.20.020 Name Insertion.
The names "Cupertino" and/or "California" shall be inserted in the appropriate places
provided therefor in each and every section of such California Plumbing Code wherein
either the name of the city or state is left blank.
Coun c il Agend a : November I , 2016
Page : 40
Rev is ion Da te: Novemb er I , 20 I 6
IT EM #10
16.20.080 Condensate Disposals.
Amend Section 807.2 of the 2013 California Plumbing Code to read as follmvs:
807.2 Condensate Waste. Condensate from air cooling coils and comfort cooling
equipment not intended to be used for the storage or holding of food or drinks shall be
collected and discharged to an approved point of disposal acceptable by the Building
Official.
Termination of such drains shall be made by an air break. Condensate drain lines in
sizes 1 1/4" and larger shall be assembled using approved drainage pipe and fittings.
Condensate waste water shall not drain over or upon a public way, sidewalk, pedestrian
ramp or the like. The v1aste pipe shall have a slope of not less than 1/8 ir.ch per foot ar.d
shall be of approved corrosion resistant material not smaller than the outlet size as
required below for air cooling coils or condensing fuel burnir.g appliances, respectfully.
Condensate wastes pipes from air cooling coils shall be sized in accordar.ce vdth
equipment capacity as follmvs:
EQUIPI\4ENT CAP,'\CITY CONDENS," ... TE PIPE DL'\l\4ETER
Up to 20 tons of refrigeration 3/4 inch
21 to 10 tons of refrigeration 1 inch
11 to 90 tons of refrigeration 1 1/1 inch
91 to 125 tons of refrigeration 1 1/2 inch
126 to 250 tons of refrigeration 2 inch
The size of condensate :,vaste pipes may be for one unit or a combination of units, or as
recommended by the manufacturer. The capacity of waste pipes assumes a 1/8 inch per
foot slope, ·.vith the pipe run.~.ing three quarters full.
Condensate drain sizing for other slopes or other conditions shall be approved by the
Building Official.
Findings
Coun c i I Agend a : November I , 20 I 6
Page : 41
Rev is ion Date : Novemb er I , 20 I 6
ITEM #10
The 1.vaste water treatment facilities serving many silicon valley cities are operating at or
near maximum capacity. The discharge of treated waste 1Nater into San Francisco Bay is
detrimental to its sensitive ecosystem.
Cooling coil and comfort cooling equipment condensate 1Naste discharge does not contain
pollutants 1.vhich require treatment before being discharged into sanitary sev1ers or the
ground .
Co un c il Agenda: Novemb er I , 20 I 6
Pa ge: 42
Rev is ion Date: N ovemb er I , 20 16
ITEM #10
SECTION 76 . Chapter 16.24 of Title 16 of the Cupertino Municipal Code is hereby repealed in
its entirety and replaced with the following Chapter 16.24 to be entitled, numbered, and
readopted to read as follows:
CHAPTER 16.24: MECHANICAL CODE
16.24.010 Code Adoption.
A .-The provisions of the ~2016 California Mechanical Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth in
this chapter, and is by such reference adopted.
B.-One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public
inspection.
16.24.015 Adoption of Appendix Chapters.
No Appendix Chapters from the ~2016 California Mechanical Code have been
adopted.
16.24.020 Name Insertion.
The names "Cupertino" and/or "California" shall be inserted in the appropriate places
provided therefor in each and every section of such California Mechanical Code
wherein either the name of the city or state is left blank.
lfi.24.030 Condensate Vlastes.
Amend Section 312.1 of the 20 13 California A-4echar.ical Code to read as fo ll o,;,vs:
Co un c il Agenda: Novemb er I , 201 6
Page: 43
Rev ision Date : No vemb er I, 2016
ITEM #10
312.1 Condensate Disposal. Condensate from air cooling coils and comfort cooling
equipment not intended to be used for the storage or holding of food or drinks shall be
collected and discharged to an approved point of disposal acceptable to the Building
Official.
Termination of such drains shall be made by an air break. Condensate drain. lines in.
sizes 1 1/4" and larger shall be assembled using approved drainage pipe and
fittings. Condensate vraste water shall not drain over or upon a public way, side\valk,
pedestrian ramp or the like.
Findings
The waste water treatment faci!ities serving many Silicon Valley cities are operati..~.g at or
near ma)(imum capacity. The discharge of treated waste v.,rater into San Francisco Bay is
detrimental to its sensitive ecosystems.
Cooling coil and comfort cooling equipment condensate waste discharge does not contain
pollutants r,o,z:hich require treatment before being discharged into sanitary se,;,vers or the
ground.
Counci l Agenda : November I , 20 16
Pa ge: 44
Rev is ion Date : November I , 20 16
ITEM #IO
SECTION 8. Chapter 16.32 of Title 16 of the Cupertino Municipal Code is hereby repealed.
SECTION 9. The Title of Chapter 16.36 of Title 16 of the Cupertino ~4unicipal Code is hereby
amended to read as follows:
CHAPTER 16.36: RELOCATION OF BUILDINGS
SECTION 10. Section 16.36.010 of Chapter 16.36 of Title 16 of the CupertiF,o Municipal Code
is hereby amended to read as follo:i,vs:
16.36.010 Definitions.
For the purposes of this chapter the following terms, phrases, vwrds, ar.d their derivations
shall have the meaning given herein. 1Nhen not inconsistent V1>'ith the conte)Et, words used in
the present tense include the future, vwrds in the plural number include the singular number
and ,.vords in the singular number include the plural number. The word "shall" is ahvays
mandatory and not merely directory.
A. "Building" means any structure used or intended for supporting or sheltering ar,y use or
occupancy. l•k structure containing less than one hundred and twenty (120) square feet of floor
space shall not fall ,within this definition;
B. "Building Official" mear.s the Chief Building Official for the City or designee;
C. "City" means the City of Cupertino;
~ IID II f' t.. • • • • u. rerson means any person,Irm, partnerstUp, association, corporation, compar,y or
organization of ar.y kind.
SECTION 11. Section 16.36.020 of Chapter 16.36 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follows:
16.36.020 Permit Required.
No person shall move any building over, along or across any highv1ay, street or alley in the
city vl-'ithout first obtaining a permit from the Building Qepartment.
SECTION 12 . Section 16 .36.030 of Chapter 16 .36 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follmvs:
Counci l Agenda: November I, 2016
Page: 45
Revis ion Date : November I, 2016
ITEM #JO
16.36.030 Permit Application.
i\ person seeking issuance of a permit hereunder shall file an application for such permit r.vith
the Building Department:
l\... Form. The application shall be made in vvriting, upon forms provided by the Building
Department, and shall be filed in the office of the Building Official;
B. Contents. The application shall set forth:
1. A description of the building proposed to be moved, givir.g street number, construction
materials, dimensions, number of rooms and condition of e)Eterior and interior,
2. A legal description of the lot from r,vhich the building is to be moved, giving the lot,
block and tract number, if located in the city,
3. A legal description of the lot to v.rhich it is proposed such building be removed, giving
lot, block ar.d tract number, if located ir. the city,
4. The portion of the lot to be occupied by the building ,,vhen moved,
5. The highways, streets ar.d alleys over, along or across ,;,vhich the building is proposed to
be moved,
6. Proposed moving date and hours,
7. Any additional information which the Building Inspector Official shall find necessary to
a fair determination of whether a permit should issue;
r t\ · n \:::::. 1 Lccompanymg rapers.
1. Tm< Certificate. The mvner of the building to be moved shall file with the application
sufficient evidence that the building and lot from which it is to be removed are free of any
entanglements and that all tm<es and any City charges against the same are paid in full,
2. Certificate of OrNnership or Entitlement. The applicant, if other than the owner, shall
file with the application a written statement or bill of sale signed by the mvner, or other
sufficient evidence, that he is entitled to move the building.
SECTION 13. Section 16.36 .040 of Chapter 16.36 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follows:
16.36.040 ~4o:ving Notice.
Upon receivir.g an application to move an old or previously occupied building, the Building
Official shall cause a notice to be posted on the front and rear of the proposed location and on
the front of the building proposed to be moved.
Such notice shall have a title in letters r..ot les s than one inch in height, "MOVING NOTICE";
shall give the location of the house by street and number and the name and address of the
applicant desiring a permit to move such building.
Council Agenda: Novem ber I , 20 16
Page: 46
Revision Date : Novemb er I , 20 16
ITEM #10
SECTION 14. Section 16.36.050 of Chapter 16.36 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follows:
16.36.050 Permit Issuance Hearing.
After the above described notices have been in place seventy two hours, eJEcluding Sundays
and holidays, and no written protests have been received, the Building Official shall issue the
permit subject to all the provisions of this chapter. If any v.rritten protests are filed with the
Building Department, a time shall be set for a hearing before the City Council, said time to be
not sooner than three days nor later than twenty days from the date of the filing of the
protest. The Building Official shall notify the City Council and the other interested parties of
the hour set for such hearing. No permit shall issue unless the City Council shall deny the
protest.
SECTION 15. Provisions of Section 16.36.055 and 16.36.060 of Chapter 16.36 of Title 16 of the
Cupertino Municipal Code remain unchanged.
SECTION 16. Section 16.36.070 of Chapter 16.36 of Title 16 of the Cupertino ·Municipal Code
is hereby amended to read as follows:
16.36.070 Permit Conditions .
l\ny permit issued under this chapter shall be subject to the follmNir.g conditions:
A . Certificates. No permit shall be issued unless there is first filed a certificate of inspection
signed by the Building Official certifying that he e)<amined the building and that it is
structurally strong; and unless there is also filed a certificate certifying that the removal of said
building on the route proposed ',vill not result in damage of or destruction to trees;
B. Locations Outside City. No permit shall be issued to move a buildir.g through the city
from one location outside the city to another location outside the city unless the proposed
route to be follm.ved \Vithir. the city shall be approved by the Building Official;
C. Location 1Nithin City from Outside. No permit shall be issued to move a building from a
location outside the city to a location inside the city unless the buildir.g has been inspected and
approved, and the route to be follov,red has been approved by the Building Official. Inspection
fees shall be paid by the applicant in acco r dance vv'ith the requirements of City ordinances
regulatin.g building, electrical, plumbing and gas installations. The lot upon 'iNhich such
building is to be moved shall be pos ted a s required for buildings to be mov ed within the city;
Counci l Agenda: November l , 2016
Page : 47
Revi s ion Date : November I , 20 l 6
ITEM #10
D. Accessory Building. An accessory building, not over four hundred square feet in area,
may be moved in conjunction ,;,"rith the moving of a residence from the same location to the
same location v,rithout paying an additional fee.
SECTION 17. Sections 16.36.080, 16.36.090, 16 .36.100, and 16.36.110 of Chapter 16.36 of Title
16 of the Cupertino Municipal Code remain unchanged.
SECTION 18. Section 16.36.120 of Chapter 16.36 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follmvs:
16.36.120 Person in Charge Duties.
Every person in charge of the moving of any building on or over the streets of the city shall:
A. Notify the Fire Department within one half hour after sunset of the location of the
building and the route over which the building is to be moved during the night;
B. Give hventy four hours vaitten notice to any person responsible for trimming trees,
removing wires or th.e doing of other things necessary to permit the moving of the building
over the route designated;
C. :Maintain red lights at each corner of the building from one half hour after sunset till one
half hour before sunrise;
D . Carry insurance to cover accidents or damage to persons and property or furnish bond
therefor satisfactory to the Building Official;
E. Notify the Sheriff's office of the time of moving and the route over ·,vhich the building is
to be moved.
SECTION 19. Section 16.36 .130 of Chapter 16.36 of Title 16 of the Cupertino Municipal Code
is hereby repealed:
Council Agenda: Novemb er I , 20 16
Pa ge : 48
Rev is ion Date: Novemb er l , 20 I 6
IT EM #10
SECTION W7. Chapter 16.40 of Title 16 of the Cupertino Municipal Code is hereby repealed
in its entirety and replaced with the following Chapter 16.40 to be entitled, numbered, and
to read as follows in its entirety :
CHAPTER 16.40: FIRE CODE
16.40.010 Code Adoption of the 2016 California Fire Code and 2015 International Fire Code.
A. The provisions of the 2013 California Fire Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth ir. this
chapter, and is by such reference adopted.There is hereby adopted by the City of Cupertino
for the purpose of prescribing regulations governing conditions hazardous to life and
property from fire or explosion, that certain code known as the 2016 California Fire Code
based on the 2015 International Fire Code, including Appendix Chapters B, C and N and
the whole thereof, save and except such portions as are hereinafter deleted, modified or
amended by this ordinance.
B. One (1) copy of the code therefore is on file in the office of the Building Official and
the Fire Code Official pursuant to Health and Safety Code Section 18942 (d) (1) and are
made available for public inspection.
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2G-1-&-2016 California Fire Code are hereby
adopted.
Appendix B: Flow Requirement for Buildings;
Appendix C: Fire Hydrant Locations and Distribution;
Appendix KN: Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses .
16.40.020 1\.dministration.
Add Section 101.3.1 to the 2013 California Fire Code to read as follows:
101.3.1 Administration. The City A4anager, through the powers ves ted by the City Council,
shall have the authority to delegate any and all responsibility fo r the maintenance and
Co un c il Agenda: Novemb er I , 20 16
Page: 49
Rev is ion Date: November I , 20 16
ITEM #10
enforcement of the provisions of this Code to vfhichever legal entity he feels best serves the
interests of the City.
lATfl fl d "Cfl. f" "F" H fl l" "f d ff . l" "F" :g II "F" n ,erever t ,e 'Nor s~e ,ire, ars ,a ,lfe co e o 1cia ,1reepartment ,lfe
Prevention Bureau", "Fire Chief" and other such similar vwrds are used, they shall mean and
refer to such legal entity designated by the City Mar.ager of Cupertino under the authority of
the City Council of Cupertino.
lATfl fl d " . . l" " ,,. . d. . " " . " d fl fl 11 tfl c· tj n ,erever t ,e 'Nor s mun1C1pa 1ty , Juns 1ction or C1ty are use , t ,ey s ,a mear,,e1~
of Cupertino.
Wherever the 'Nerds "fa<ecutive Body" are used, they shall mean the City Council of
Cupertir.o.
JA[}:i fl d "11 d · · " "g · " d th fl 11 tfl c· t) .~,erever ~.e wor s , I m1n1strator orxecutive are use ,ey s4.a mean,e1 '
Manager of Cupertino.
\tVherever the 'Nerds "Qistrict Attorney" or "Corporation Counsel" are used, they shall mean
the City Attorney of Cupertino.
1Nherever the v1ords "Board of Appeal" are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire safetj1 •
la.40.06516.40.060 Permits.
Add Section [A] 105.1.4-l_to the ~2016 California Fire Code to read as follows:
[A] 105.1.4-l_Construction permit fees. Construction permit fees and plan review fees for
fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the
Santa Clara County Fire Department in accordance with the following table based on
valuation. The valuation shall be limited to the value of the system for which the permit is
being issued. Plan review fees are 65% of the Permit Fee amount. For the purposes of
determining the total fee amount for each permit, the plan review fee shall be added to the
Permit Fee.
TOTAL VALUATIONS
$1.00 TO $500.00
$501.00 TO $2,000.00
Counci l Agenda: November I , 2016
Page: 50
Rev is ion Date: November I , 20 I 6
PERMIT FEE
$23.50
$23.50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000.00
ITEM #IO
$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each
additional $1,000.00 or fraction thereof, to and including
$25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and
including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each
additional $1,000.00, or fraction thereof, to and
including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof, to and
including $1,000,000.00
$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each
additional $1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at
$§G.GG$112.00 for each occurrence at the discretion of the fire code official.
Cancelled ins12ections without advance notice are to be 12aid at $112.00 for each
occurrence.
Add Section [A] 105.1.e-.~ _ _the ~2016 California Fire Code to read as follows:
[A] 105.1.-5-~0perational permit fees. Operational permit fees shall be paid to the Santa
Clara County Fire Department as follows:
FACILITY TYPE
1. Institutional
A. More than 6 persons
B. Over 50 persons
2. Day Care Facilities
More than 6 clients
3 . Places of Assembly
A. 50-300 persons
B. Over 300 persons
Counci l Agenda: November I , 20 16
Page: 51
Revision Date : November I , 20 16
PERMIT FEE
$75.00 -Annually
$100 .00 -Annuall
$35.00 -Annually
$50.00 -Annually
$85 .00 -Annually
ITEM #IO
4. Temporary Membrane Structures, Tents and Canopies $85.00 -Each
(Only those requiring permits in accordance with Section occurrence
105.6.43).
Amend Section [A] 105 .6.&-2._of the ~2016 California Fire Code to read as follows:
[A] 105.6.8-2._ Compressed gases . An operational permit is required for the storage, use or
handling at normal temperature and pressure (NPT) of compressed gases in excess of the
amounts listed in Table 105.6.82_.
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
2. Inert and simple asphyxiants at or below the amounts listed in Table 105 .6.8.
Amend Table 105.6 .&-2._of the ~2016 California Fire Code to read as follows:
TABLE 105.6.8-2
PERMIT AMOUNTS FOR COMPRESSED GASES 1
I
TYPE OF Gt-.. S
I
AMOYNT
I eabie teet at NTP 2c
Cenesive 200
I<lammable fe~Eeept EFyegeRie aRa hEJ:1:::1:efiea petrelet1:m gasesj 200
I=IigRly te~Eie AA:y ame1:::1:Rt
mert aRa simple aspRy~EiaF.t &,GOO
InitaRt 200
Meaerately te~Eie 2G
GtA:er RealtR Rariaras ooG
G~EiS:iriiF.g fiRel1:::1:aiF.g e~EygeRj §G4
PyrnpRerie ARy ame1:::1:Rt
Raaieaea•.ze AAyame1:::1:Rt
2,eRsitirier 200
~ ARy Ame1:::1:Rt
YRstaele freaeti•.zej ARy ame1:::1:Rt
-1-Reter te CA:aptern 27, 30, 32, 35, 37, 10 aRa 11 fer aaaitieRal reEJ:1:::1:ifemeRts ana exeeptieRS.
_:1 Ct1:eie feet measured at normal Temperature and pressure.
Co un c il Agenda : November I , 20 16
Page: 52
Rev is io n Date: November I , 20 16
ITEM #10
I
TYPE OF GAS
I
AMOUNT
I cubic feet at NTP
Corrosive 200
Flammable (exce12t crx:ogenic and liquefied 12etroleum gases} 200
Highl)'.'. toxic Anxamount
Inert and simole asohvxianta 6,000
Moderatelx toxic 20
Other health hazards 200
Oxidizing (including oxxgen} 504
Pxro12horic Anxamount
Toxic Anxamount
For SI: 1 cubic foot= 0.02832 m2
a.For carbon dioxide used in beverage dis12ensing a1212lications, see Section 105.6.4.
A.mend Section 105.6.10 of the 2013 California Fire Code to read as follows:
105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on
site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10
or to install a cryogenic vessel or piping system for the storage or distribution of cryogens.
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a
fuel for propelling the vehicle or for refrigerating the lading.
A.mend Table 105.6.20 of the 2013 California Fire Code to read as follmvs:
TABLE 105.6.20
PERlVHT ,A11\40UNTS FOR H,'\ZARDOUS 1\4,'\TERU·1LS
T¥PE OF 1\4ATERIAL
CarciRogens
r --L.•,nl-a.,1~ 1;~.,;,J n
----L'-'-·-·--·.L-.L.L'1_------
Corrosive materials:
Gases
Liquids
Solies
r -,,~---n --J '--'o --LlJ
Coun c il Agenda : Novemb er I , 20 I 6
Page: 53
Rev is io n Da te: Nov ember I, 20 16
,'\1\40UNT
1n --··-,..1 -r--~ -
See Section 105.6.16
See Section 105.6.8
55 gallons
r::nn ,._ ,J n
.....,.....,....., ....,._ ---·--
See Section 105 .6.10
L' .1 . ·--·-1 -
t' -..
Flammable materials:
Gases
Liquids
Selids
Highly texie materials:
Gases
Liquids
Selids
.,. ,f _] .1 •• .... ,._,...,.... . --..,,,._ -l -r
Organie perm<ides:
Liquids: Class I IV
Liquids: Class V
Selids: Class I IV
Selids: Class V
O)(idizir.g materials:
Gases
Liquids
Selids:
Other health hazards:
Liquids
Selids
Pyrepherie materials:
Gases
Liquids
Selids
Radieaetive materials:
Gases
Liquids
Selids
+e~€iE materials:
Gases
Liquids
Selid s
URstable (reaetive) materials:
Gases
Liquids
Selias
JNater reaeti•,ze FF..aterials:
Liquias
Coun c il Agenda : November I , 2016
Pa ge: 54
Rev is ion Dat e: November I, 20 16
ITEM #IO
See SeetieR lQ§.6.14
See SeetieR rna.6.8
See SeetieR rna.6.16
1('\('\ ·-~-..... ....,...., r -
See SeetieR lQ§.6.8
A. .. ~.y ameuRt
A .................. .....................
• ~ J ·-..
See SeetieR rna.6.8
A..~.y AmeuRt
Ne Permit Required
ARy l\meuRt
1'.T -r, :L D --··· _]
.... ....., ... _.._ ....... ··-'1 -
See SeetieR rna.6.8
A.Ry ameuRt
A.Ry ameuRt
§§ galleRs
§QQ peuRds
See SeetieR rna.6.8
A"'<y ameuRt
A, ... ~.y ameuRt
See SeetieR rna.6.8
See SeetieR lQ§.6.§Q
See SeetieR lQ§.6.§Q
See SeetieR rna.6.8
ARy ameuRt
A . --··-L
.L ..,_...,_ ., ..,._.._.._ L '-' .
See SeetieR lQ§.6.8
ARy ameuRt
"-·· --··-L • ~ J ·-..
A:R y ameuRt
Solids / A..ny amount
For SI: 1 gallon 3.785 L, 1 pound 0.451 kg.
a. 20 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in
accordance 1Nith Section 5003.5 are provided for quantities of 20 gallons or less.
b. 200 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in
accordance ·with Section 5003.5 are provided for quantities of 200 pounds or less.
Amend Section 105.6.17 the 2016 California Fire Code to read as follows:
105.6.17 Flammable and combustible liquids. An operation permit is required:
ITEM #10
1. To use or operate a pipeline for the transportation within facilities of flammable or
combustible liquids. This requirement shall not apply to the offsite transportation in
pipelines regulated by the Department of Transportation (DOTn) nor does it apply to
piping systems.
2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in
excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required
for the following:
2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft,
motorboat, mobile power plant or mobile heating plant, unless such storage, in the
opinion of the fire code official, would cause an unsafe condition.
2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures where
such liquids are stored for maintenance, painting or similar purpose for a period of
not more than 30 days.
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a
building or in excess of 60 gallons (22 7 L) outside a building, except for fuel oil used in
connection with oil burning equipment.
4. To store, handle or use Class IIIB liquids I tanks or portable tanks for fueling motor
vehicles at motor fuel-dispensing facilities or where connected to fuel-burning
equipment.
Exception: Fuel oil and used motor oil used for space heating or water heating.
5. To remove Class I or II liquids from an underground storage tank used for fueling
motor vehicles by any means other than the approved, stationary onsite pumps
normally used for dispensing purposes.
6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing
stations, refineries, distilleries, and similar facilities where flammable and combustible
liquids are produced, processed, transported, stored, dispensed or used.
7. To place temporarily out of service (for more than 90 days) an underground, protected
above-ground or above-ground flammable or combustible liquid tank.
Counci l Agenda: November I , 20 I 6
Page: 55
Rev is ion Date: November I , 20 16
ITEM #10
8. To change the type of contents stored in a flammable or combustible liquid tank to a
materials that poses a greater hazard than that for which the tank was designed and
constructed.
9. To manufacture, process, blend or refine flammable or combustible liquids.
10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at
commercial, industrial, governmental or manufacturing establishments in accordance
with Section 5706.5.4 or to engage in on-demand mobile fueling operations in
accordance with Section 5707.
11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks
of motor vehicles, marine craft and other special equipment at commercial, industrial,
governmental or manufacturing establishments in accordance with Section 5706.5.4 or
to utilize a site for on-demand mobile fueling operations in accordance with Section
5707.
Amend Table 105.6 .21 of the 2016 California Fire Code to read as follows:
TABLE 105.6.21
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL
Combustible liquids
Corrosive materials:
Gases
Liquids
Solids
Explosive materials
Flammable materials:
Gases
Liquids
Solids
Highly toxic materials:
Gases
Liquids
Solids
Moderately toxic materials:
Gases
Other health hazard materials:
Coun cil Agenda: November I, 2016
Page: 56
Revision Date: Novemb er I , 2016
AMOUNT
See Section 105.6.17
See Section 105.6.9
55 gallons
500 pounds
See Section 105.6.15
See Section 105.6.9
See Section 105.6.17
100 oounds
See Section 105.6.9
Any Amount
Any Amount
See Section 105.6.9
Gases
Liquids
Solids
Oxidizing materials:
Gases
Liquids:
Class 4
Class 3
Class 2
Class 1
Solids:
Class 4
Class 3
Class 2
Class 1
Organic peroxides:
Liquids
Class I
Class II
Class III
Class IV
Class V
Solids
Class I
Class II
Class III
Class IV
Class V
Pyrophoric materials:
Gases
Liquids
Solids
Toxic materials:
Gases
Liquids
Solids
Unstable (reactive} materials:
Liquids
Cla ss 4
Counc il Agenda: No ve mb er l , 2016
Pa ge: 57
Revi sio n Date : Nov emb er l , 2016
ITEM #10
See Section 105.6.9
55 gallons
500 nounds
See Section 105.6.9
Any Amount
1 gallona
10 gallons
55 gallons
Any Amount
10 poundsb
100 pounds
500 pounds
Any Amount
Any Amount
1 gallon
2 gallons
No Permit Required
Any Amount
Any Amount
10 pounds
20 pounds
No Permit Required
Any amount
Any amount
Anv amount
See Section 105.6.9
10 gallons
100 pounds
A n y Amount
ITEM #10
Class 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
Class 1 100 nounds
Water-reactive materials:
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
For SI: 1 gallon= 3.785 L, 1 pound= 0.454 kg.
a. 20 gallons for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard
identification signs in accordance with Section 5003.5 are provided for quantities of 20
gallons or less.
b. 200 pounds for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard
identification signs in accordance with Section 5003.5 are provided for quantities of 200
pounds or less.
Add Section [Al 105.6.48-50 to the 2fil..&-2016 California Fire Code to read as follows:
[A] 105.6.48-.Q..Q_Day care facility. An operational permit is required to operate a business as
a day care facility for more than 6 people.
Add Section [A] 105 .6.49--_5.l_to the 2fil..&-2016 California Fire Code to read as follows:
[A] 105.6.495h-.,_Institutional. A permit is required to operate, maintain, or use any
institutional type occupancy. For the purpose of this Section, an institution shall be, but is not
limited to: hospitals, children's home, home or institution for insane or mentally retarded
persons, home or institution for the care of aged or senile persons, sanitarium, nursing or
convalescent home, certified family care homes, residential care homes for the elderly, out of
home placement facilities, halfway house, and day care nurseries or similar facility of any
Council Agenda: Novemb er I , 2016
Pa ge: 58
Rev is ion Date : November I , 20 I 6
ITEM #10
capacity.
Add Section [A] 105.6 .50 to the 2013 California Fire Code to read as follmvs:
[A] 105.ti.50 Radioactives. To store or handle at any installation more than one microcurie
(37,000 becquerel) of radioactive material not contained in a sealed source or sources, or any
amount of radioactive material for vi.rhich a specific license from the Nuclear Regulatory
Commission.
Amend Section fAf-105.7.3 of the ~2016 California Fire Code to read as follows:
.[A]-105.7.3 Compressed Gases. A construction permit is required to install any piped
distribution system for compressed gases, or to install a non-flammable medical gas manifold
system. A construction permit is required to install, repair damage to, abandon, remove, place
temporarily out of service, close or substantially modify a compressed gas system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit
shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling facilities at
least 30 days prior to the termination of the storage, use or handling of compressed or
liquefied gases. Such application shall include any change or alteration of the facility closure
plan. This 30-day period may be waived by the chief if there are special circumstances
requiring such waiver.
Amend Section [A] 105.7.4 of the ~2016 California Fire Code to read as follows:
.[A]-105.7.4 Cryogenic fluids. A construction permit is required for installation of or
a lteration to cryogenic fluid storage systems where the system capacity exceeds the amounts
listed in Table 105.6.10. Maintenance performed in accordance with this code is not considered
an alteration and does not require a construction permit.
Add Section [A] 106.5 to the ~2016 California Fire Code to read as follows:
.[A]-106.5 Final Inspection. No final inspection as to all or any portion of a development
shall be deemed completed until the installation of the required fire protection facilities and
access ways have been completed and approved. No final certificate of occupancy may be
granted until the Fire Department issues notice of final clearance of such fire protection
facilities and access ways to the Building Department.
Co un c il Agenda: Novemb er I, 20 16
Page: 59
Revi s io n Date: November I , 20 16
ITEM #10
16.40.070 Definitions.
The following definitions are added/amended:
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 as a carcinogen or potential carcinogen in the latest edition of the Annual
Report on Carcinogens published by the National Tmdcology program, or
3. It is regulated by OSHA as a carcir.ogen.
CONTINUOUS GAS DETECTION SYSTEM. An approved 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 Chief 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 below½ IDLH (or 0.05 LC 50 if no established IDLH)
in unoccupiable areas.
CORROSIVE LIQUID. 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; and
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22 ,
California Code of Regulations §66261.22.
DE\,qCE. Device is an appliance or piece of equipment that plays an active part in the
proper functioning of the regulated systems . E)(amples ir.clude, but are not limited to the
followir.g: smoke detectors, heat detectors, flame detectors, manual pull stations, horns,
alarms, bells, ',varning lights, hydrants, risers, FDCs, standpipes, strobes, control panels,
transponders, ar.d other such equipment used to detect, transmit, initiate, annunciate, alarm,
or respond accordir.g to the sys tem design criteria.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration
(LC50) in ai r more than 2000 parts per million but not more than 5000 parts per million by
Co un ci l Age nda: Novemb er I , 20 16
Page: 60
Rev is ion Da te: Novemb er I , 201 6
ITEM #10
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.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TO)
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. Ma)(imum Threshold Quantity
(Ma)( TQ) is the mmdmum quantity of a moderately toxic or to)(ic gas, which may be stored in a
single vessel before a more stringent category of regulation is applied. The follo·wing equation
shall be used to calculate the Mm, TQ:
}.fa)( TQ (pounds) -LCSO (ppm))( 2 lb.
For gas mi)dures containing one or more tmdc, highly toxic or moderately to)(ic components,
LCSO shall be calculated using CGA Star.dards P 20 and P 23 as referenced ir. 1ALppendi)( E,
Section E103.1.3.l
MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate of
highly toxic, toxic or moderately toxic gases in a control area which, due to the minimum
aggregate quantities, need only comply with the requirements set fort in Section 6004.1
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) or teratogens (effect on fetuses).
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 to ensure detection
and remedy of the primary containment failure.
SEJ\TSITIZER is a chemical that causes a substar.tial proportion of e)(posed people or animals
to develop ar. allergic reaction in normal tissue after repeated e)(posure to the chemical.
SPILL CONTROL. That level of containmentthat is external to and separate from the primary
containment and is capable of safely and securely containing the contents of the largest container
and prevents the materials from spreading to other parts of the room .
Co un c il Agend a : Novemb er I, 201 6
Page: 6 1
Rev ision Date: November I , 201 6
ITEM #JO
WORKSTATION is a defined space or an independent principal piece of equipment using
hazardous materials with a hazard rating of 3 or higher as ranked by NFP A 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.
16.40.080 General precautions against fire.Hazards to Firefighters.
Amend Section 311.1 of the 2013 California Fire Code to read as follmvs:
311.1 General. Temporarily unoccupied buildings, structures, premises or portions
thereof, ir.cluding tenant spaces, shall be safeguarded and maintair.ed in accordance with
Sections 311.1.1 through 311.4.
Section 311.5 of the 2013 California Fire Code is not adopted.
Adopt Section 316.7 of the 2016 California Fire Code 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.
16.40.120 Fire apparatus access roads.
Amend Section 503 .1 of the ~2016 California Fire Code to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.±-~and as per Fire Department access road
Standards.
Amend Section 503.2 .1 of the ~2016 California Fire Code to read as follows:
Co un c il Age nd a : No vemb er I , 20 16
Page: 62
Rev is io n Dat e : No ve mb er I , 20 I 6
ITEM #10
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm), except for approved security gates in accordance with Section
503 .6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception: When there are not more than two Group R, Division 3, or Group U occupancies,
the access road width may be modified by the fire code official.
Amend Section 503.2.2 as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit
modifications to the required access widths and/or vertical clearance where they are
inadequate for fire or rescue operations or where necessary to meet the public safety objectives
of the jurisdiction.
16.40.130 Access to buildings openings and roofs.
Add Section 504.5 to the ~2016 California Fire Code to read as follows:
504.5 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to the building, are installed, such devices shall be approved by the fire code
official. All electrically powered access control devices shall be provided with an approved
means for deactiv ation or unlocking from a single location or otherwise approved by the fire
departrnentcode official.
Access control devices shall also comply with Chapter 10 Egress.
16.40.140 Hazards to firefighters.
Add Section 501 .6 to the 2013 California Fire Code to read as follows:
504.6 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 12 inches in height above the adjacent roof surface that can be
r.valked on. Intermediate rails shall be desigr..ed and spaced such that a 12 inch diameter
sphere cannot pass through.
Exception: JNhere the roof opening is greater than 600 square feet in area.
Coun c il Agenda : Novemb er I , 20 16
Page : 63
Rev is io n Da te: Novemb er I , 201 6
ITEM #10
16.40.150 Emergency Responder Radio Coverage.
Add Section 510.1.1 to the 2013 California Fire C o de to read a s follows:
510.1 .1 Obstruction by new buildings. :when determined that a new structure obstructs the line
of sight emergency radio communications to exi s ting buildings or to any other locations, the
developer of the structure shall provide and ins tall the radio retransmission equipment
necess ary to restore communications capabilities. The equipment shall be located in an
approved space or area ,;,vithin the nevv' structure.
16.40 .180 Electrical equipment, wiring and hazards.
Add Section 605.-1-1--.Ll__to the ~2016 California Fire Code to read as follows:
605.-1-1--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.
16.40.190 Stationary storage battery systems.
l\dd Section 608.6.1 to the 2013 California Fire Code to read a s follow s :
608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically
dis engage the charging sy stem.
16.40.195 Decorative Vegetation in New and Existing Buildings.
Amend Section 806.1.1 of the ~20 16 California Fire Code to read as follows:
Display inside buildings. The display of Christmas trees and other decorative vegetation shall
be in accordance with the California Code of Regulations, Title 19, Division 1, §3.08 and
Sections 806.1 through 806.5.
Ex ce p ti on s :
1. Trees loc ate d in a reas p rotec ted b y an approved autom a ti c s prin kle r sys tem in
a ccor dance Sec ti on 903 .1.1 or 903 .3.1.2 sh a ll n o t b e p ro hibite d in Croups A, E, M, R 1
and R 2.
Coun c il Agenda : No vemb er I , 2016
Page: 64
Revi s ion Date : No ve mb er I , 20 16
ITEM #IO
2. Trees shall be allmved vrithin dwelling units in Group R 2 occupancies.
16.40.210 Automatic sprinkler systems.
Amend Section 903.2 of the ~2016 California Fire Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings
and structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.-±&-.12_ whichever is the more restrictive.
l'.or the purposes of this section, firewalls and fire barriers used to separate building areas shall
be constructed in accordance with the California Building Code and shall be without openings
or penetrations.
1. In other than residential buildings which require the installation of fire sprinklers for all
new buildings according to the California Residential Code, an automatic sprinkler
system shall be provided throughout all new buildings and structures.
Exceptions:
a. Buildings and structures that do not exceed 1,000 square feet of building area and
that are not located in the Wildland-Urban Interface Fire Area.
b. Buildings and structures that are located in the Wildland-Urban Interface Fire
Area and do not exceed 500 square feet of building area.
c. Group S-2 or U occupancies that are not located in the Wildland-Urban Interface
and used exclusively for vehicle parking and meeting all of the following
conditions:
1. Noncombustible construction
11. Maximum building area not to exceed 5,000 square feet
111. Structure is open on three (3) or more sides
1v. Minimum of 10 feet separation from existing buildings unless area is
separated by fire walls complying with CBC 706 .
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures when alterations or additions are made that create conditions described in
Sections 903.2.1 through 903.2.-±-819 .
3. An automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than 3,600
square feet.
Council Agenda: November I , 20 16
Page: 65
Rev is ion Date : November I , 20 16
ITEM #10
Exception:
One or more additions made to a building after January 1, 2011 that do not total more
than 1,000 square feet of building area.
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%.
5. Any change in the character of occupancy or in use of any building with a building area
equal to or greater than 3,600 square feet which, in the opinion of the fire code official or
Building Official, would place the building into a more hazardous division of the same
occupancy group or into a different group of occupancies and constitutes a greater degree
of life safety1 or increased fire risk2, shall require the installation of an approved automatic
fire sprinkler system.
1 Life Safety -Increased occupant load, public assembly areas, public meeting areas,
churches, indoor amusement attractions, buildings with complex exiting systems due to
increased occupant loads, large schools/day-care facilities, large residential care facilities
with non-ambulatory;
2 Fire Risks -High-piled combustible storage, woodworking operations, hazardous
operations using hazardous materials, increased fuel loads (storage of moderate to highly
combustible materials), increased sources of ignition (welding, automotive repair with
the use of flammable liquids and open flames).
Amend Section 903 .3.1 .1 of the 2013 California Fire Code to read as follmvs:
903.3.1.1 NFPA 13 sprinkler systems. \A/here 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 except as
provided in Section 903.3.1 .1.1 and local standards.
For nev.' buildings having no designated use or tenant, the minimum sprinkler design density
shall be Ordinary Hazard Croup 2. Where future use or tenant is determir..ed to require a higher
density, the sprinkler system shall be augmented to meet the higher density.
16.40.225 Precautions against fire.
Coun c il Agend a : November I , 20 16
Page: 66
Rev is ion Date: Novemb er I , 201 6
ITEM #IO
Add Section 3304.8 to the ~2016 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).
16.40.230 Fire Safety Duri ng Constructi on and Demolition -Means of egress.
Amend Section 3311.1 of the ~2016 California Fire Code to read as follows:
3311.1 Stairways Required. Each level above the first story in new multi-story buildings that
require two exit stairways 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.).
Add Section 3311.1.1 to the ~2016 California Fire Code to read as follows:
Section 3311.1.1 Required Means Gf-of Egress. All new buildings under construction shall
have at least one unobstructed means of egress. All means of egress shall be identified in the
prefire plan. See Section 3308.2.
16.40.280 General Requirements Lumberyards and ,iVoodworking Facilities.
Add Section 2803.8 to the 2013 California Fire Code to read as follmvs:
2803.8 Fire Protection ¥later Supply System. l\n approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for open storage yards
and processing areas . Hydrant systems shall be installed in accordance v.iith NFPA 24.
16.40.300 Definitions -Wildland Urban Interface Fire Areas.
Council Agenda: November I , 20 16
Page: 67
Rev is ion Date : November I , 2016
ITEM #10
Amend definition of Wildland-Urban Interface Fire Area 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
4204 and Government Code Sections 51175 through 51189, or other areas designated by the
enforcing agency to be at a significant risk from wildfires. The Wildland-Urban Interface Fire
Area shall be defined as all areas within the City of Cupertino 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 Cupertino.
16.40.310 Applicatio n.
Amend Section 4906.2 of the ~2016 California Fire Code to read as follows:
4906 .2 Application. Buildings and structures located in the following areas shall maintain
the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection
as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2 . Land designated as a Very-High Fire Haz ard Severity Zone or as a Wildland Urban
Inte rface Fire Area by the City of Cupertino .
16.40.320 Defensible space.
Amend Section 4907.1 of the ~2016 California Fire Code to read as follows:
4907.1 General. Defensible s pace will be maintaine d around a ll buildings and structures in
Sate Res ponsibility Area (SRA) as r e quir e d in Public Resources Code 4290 and "SRA Fire Safe
Re gulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Se ction 1270.
Coun ci l Age nda: Novemb er I , 20 16
Page : 68
Rev ision Date : Novemb er I , 20 I 6
ITEM #IO
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 -51189 and any local ordinance of the authority having jurisdiction.
Defensible space shall also be provided around water tank structures, water supply pumps
and pump houses.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the
locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire
Hazard Severity Zone 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 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) 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 stabiliz e 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; and
L Maintain the roof of a structure free of leaves, n eedles or other dead vegetative growth.
6. Defensible space shall also be provided around water tank structures, water supply pumps
and pump houses.
*_7_. _Remov e flammabl e v e getation a minimum of 30 fe et around liquefied petroleum gas
Coun c il Agend a: Novem ber I , 20 16
Page : 69
Rev is ion Da te : No ve mb er I , 20 I 6
ITEM #10
tanks/containers.
&;_8_. _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.
'+._9_. _Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of non-
fire-resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as greengrass, ivy, succulents or similar plants used as ground cover,
provided they do not form a means of readily transmitting fire.
Add Section 4907.2 to the m.3-2016 California Fire Code to read as follows:
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 to be done and make the expense of such correction a
lien upon the property where such conditions exists.
16.40.330 Fire protection plan.
Adopt Section 4908 of the 2016 California Fire Code to read as follows :
4908.1 General. When required by the code official, a fire protection plan shall be prepared.
4908.2 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.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility
Counci l Agenda: November I , 20 I 6
Pa ge : 70
Rev is io n Date: Novemb er I , 20 16
ITEM #IO
of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official.
16.40.340 Water Supply.
Add Section 4909 to the ~2016 California Fire Code to read as follows:
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection
water supplies in accordance with Chapter 5 and Section 4909.2.
Exception:
Buildings containing only private garages, carports, sheds and agricultural buildings
with a building area of not more than 500 square feet (56 m2).
4909.2 Standby Power. Stationary water supply facilities within the wildland-urban interface
area dependent on electrical power to meet adequate water supply demands shall provide
standby power systems in accordance with the Electrical Code to ensure that an uninterrupted
water supply is maintained. The standby power source shall be capable of providing power for
a minimum of two hours.
Exceptions:
1. When approved by the code official, a standby power supply is not required where
the primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility
serves no more than one single-family dwelling.
16.40.350 Ignition source control.
Adopt Section 4910 of the 2016 California Fire Code to read as follows:
4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface
Fire Area.
16.40.355 General -Hazardous Materials.
Coun c il Agend a : Novemb er I , 20 16
Page: 7 1
Rev is io n Date: No ve mb er I , 201 6
ITEM #10
Amend Section 5001.2.2.2 of the 2-Gl&-2016 California Fire Code 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 and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas .
4. Other health hazards.
16.40.360 General requirements -Hazardous Materials.
Add Section 5003.1.3-,1--;2 to the 2-Gl&-2016 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 6004.2 or 6004.3 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 accordance with the requirements for toxic, highly toxic or moderately toxic
gases.
Add Section 5003.1.e-.Q_to the 2-Gl&-2016 California Fire Code to read as follows:
5003.1.&--~0ther Health Hazards. 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.
Add Section 5003 .1.6--l_to the 2-Gl&-2016 California Fire Code to read as follows:
5003.1.6-7 Additional Spill Control and Secondary Containment Requirements. A-In
addition to the requirements set forth in Section 5004.2, an approved containment system SR-all
ee-is required for all-any quantity of hazardous materials, v1hich that are liquids or solids at
normal temp erature, 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. Construction
shall be substantial, capable of safely and securely' containing a sudden release without
discharge. Design criteria shall be performance oriented and constructed of physically and
chemically compatible materials to re s ist degradation and provide structural and functional
Co un c il Agend a: Novemb er I , 20 16
Page : 72
Rev is ion Date: Novemb er I , 20 I 6
ITEM #IO
integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair
of the primary system. Regardless of quantities, spill control and secondary containment shall
also comply :,;,vith 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.
Amend Section 5003.2.2 .1 of the ~2016 California Fire Code 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.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and 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 4
Reactivity Class 4
Co un c il Agenda : No vembe r I , 2016
Page: 73
Rev isio n Date : Novemb er I , 201 6
ITEM #IO
in accordance with NFP A 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff
aR4or 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.
Exception:
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.
Exception:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped 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.
Amend Section 5003.2.2.2 of the ~2016 California Fire Code 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 shall be 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 .
Coun c il Agend a: Novemb er I , 20 I 6
Pa ge: 74
Rev is io n Date: Nove mb er I, 201 6
ITEM #10
Excepti on: 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 415.10.6.4 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 lxl0-9 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 .
Amend Section 5003.3 .1 of the ~2016 California Fire Code to read as follows:
50 03.3 .1 Unauthorized Discharges. When hazardous materials are released in quantities
reportable under state, federal or local regulations or when there is release or 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 .
Add Section 5003 .5.2 to the ~2016 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.
Add Section 5003.5.3 to the ~2016 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.
Add Sec. 5003.9 .11 of the ~2016 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 workstations, which dispense,
handle or use hazardous materials, shall be protected by an approved automatic fire
extinguishing system in accordance with Section 2703.10.
Coun c il Age nd a: Novemb er I, 201 6
Page: 75
Rev is io n Date: No ve mb er I , 201 6
ITEM #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 500ml.
Amend Section 5003 .10.4 of the 2016 California Fire Code to read:
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 indiv idual(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 to xic and asphyxiant gase s shall be limited to a container of a
maximum water capacity of 1 lb .
5003.10.4.4 Means shaU be prov ided to prevent the elevator from being summoned to
other floors .
16.40.365 Storage -Hazardous Materials.
Amend Section 5004.2.1 of the ~2016 California Fire Code 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 co ntainment pall e ts in accordance wi th Sec ti on
500 4.2 .3 .
4. Other approved engineered systems.
Co un c il Agenda: Novemb er I , 2016
Page: 76
Revi s io n Date: Nove mb er I , 2016
ITEM #10
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.
Amend Section 5004.2.2 of the 2013 California Fire Code to read as follmvs:
5004.2.2 Secondary Containment for Hazardous 1\4aterial Liquids and Solids. Buildings,
rooms or areas used for the storage of hazardous materials liquids or solids shall be provided
'Nith secondary containment in accordance 'iNith this section.
Delete Table: 5004.2 .2 REQUIRED SECONDARY CONTAINA4ENT FOR HA.ZA.RDOUS
Ml\TERIAL SOLIDS AND LIQUIDS STORA.GE
Amend Section 5004.2 .2.2 of the ~2016 California Fire Code to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other
in independent secondary containment systems.
Amend Section 5004.2.3 of the 2016 California Fire Code 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;
4. Containment pallets shall be protected to prevent collection of rainwater within the
sump of the containment pallet.
16.40.370 General -Explosives and Fireworks.
Amend Secti on 5601.1 of the 2013 Califor nia Fi re Code to read as fo ll o·Ns:
Co un c il Agenda : November I , 20 16
Page: 77
Rev is ion Date: Novemb er I , 201 6
ITEM #10
5601.1 Scope. For explosives requirements see California Code of Regulations, Title 19,
Division 1, Chapter 10 and Section 5601.2 of this Chapter. For firev,orks requirements see
California Code of Regulations, Title 19, Division 1, Chapter 6 and Section 5601.3 of this
Chapter. For small arms ammunition, see Section 5601.5 of this chapter.
Exception:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. E)(plosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of e)cplosive materials by federal, state and local regulatory, law enforcement
and fire agencies acti..~.g in their official capacities.
1. Items preempted by federal regulations.
Add Section 5601.2 to the 2013 California Fire Code to read as follmvs:
5601.2 Explosives. The possession, manufacture, storage, sale, handling, and use of
explosives are prohibited.
Aad-Amend Section 5601.L 3 -te-of the 2fil.&.2016 California Fire Code to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fi r ew orks, including those fireworks classified as Safe and Sane by the California State Fire
Marshal, are prohibited.
Exception:
1. Storage, handling and use of firev10rks and pyrotechnic special effects outside of
buildings r.vhen used for public or prmcirnate audience displays, motion picture, television,
theatrical and group entertainment productions and r.vhen in accordance ,;,vith Title 19 of the
California Code of Regulations.
2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings
"vhen used for proximate audience displays or special effects in theatrical, television, motion
picture and group entertainment productions when in accordance 'Nith Title 19 of the
California Code of Regulations and 'Nhen in buildings equipped throughout r.,vith an approved
fire sprinkler system.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health
and Safety Code Division 11.
3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience
and pyrotechnic special effects in motion pictures, television theatrical or group
Cou nc il Age nd a : Novemb er I , 201 6
Page: 78
Rev is ion Date: Novemb er I , 201 6
ITEM #10
entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks
reprinted in Section 5608 and Health and Safety Code Division 11.
·Add Section 5601.1 to the 2013 California Fire Code to read as follmvs:
5601.4 Rocketry. The storage, handling, and use of model rockets shall be in accordar.ce
with Title 19 of the California Code of Regulations and as approved by the Fire Code Official.
Add Sections 5601.5 through 5601.5.3.2.3 to the 2013 California Fire Code to read as follows:
5601.5 Small Arms 1A .. mmunition General. Indoor storage and display of black pov:der,
smokeless propellants and small arms ammunition shall comply v;ith Sections 5601.5.1
through 5601.5.1.2.3.
5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping containers
conforming to DOTn 19 CFR, Part 173.
5601.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black powder and
small arms primers shall not be performed in retail establishments.
5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception: Approved repackaging of damaged containers of smokeless propellant into
containers of the same type ar.d size as the original container.
5601.5.2 Storage in Croup R occupancies. The storage of small arms ammunition in Group
R occupancies shall comply v:ith Sections 5601.5.2.1 through 5601.5.2.3.
5601.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use in
quantities not e)cceedir.g 20 pounds (9 kg) are permitted to be stored in Group R 3 occupancies
,where kept in original containers. Smokeless pmvder in quantities e)cceeding 20 pounds (9 kg)
but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R 3 occupancies
v,,rhere kept in a wooden box or cabinet having walls of at least 1 inch (25 mm) nominal
thickness.
5601.5.2.2 Black powder. Black pmvder intended for personal use in quantities not
e)cceeding 20 pounds (9 kg) are permitted to be stored in Group R 3 occupancies v1here kept in
original containers and stored in a vwoden b0)c or cabinet having walls of at least 1 inch (25
mm) nominal thickness
Coun c il Agenda: Novemb e r I , 20 16
Page: 79
Rev is ion Da te: No ve mb er I , 201 6
ITEM #IO
5(i01.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be stored in
Group R 3 occupancies.
5(;01.5.3 Display and storage in Group 1\4 occupancies. The display and storage of small
arms ammunition in Croup M occupancies shall comply v:ith Sections 5601.5.3.1 through
5601.5.3.2.3.
5@1.5.3.1 Display. The display of small arms ammunition in Group M occupancies shall
comply v1ith Sections 3301.5.3.1.1 through 3301.5.3.1.3.
5(;01.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless propellants,
each in containers of 1 pound (0.454 kg) or less capacity, shall be displayed in Group M
occupancies.
5(;01.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black pmvder shall be
displayed in Group A4 occupancies.
5@1.5.3.1.3 Small arms primers. No more than 10,000 small arms primers shall be displayed
in Group M occupancies.
5(;01.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies shall
comply v1ith Sections 5601.5.3.2.1 through 5601.5.3.2.3.
5(;01.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of smokeless propellants
not on display shall not e)(ceed 100 pounds (45 kg). Quantities e)cceedir.g 20 pounds (9 kg), but
not e)cceeding 100 pounds (45 kg) shall be stored in portable 1.vooden bo)(es havir.g walls of at
least 1 inch (25 mm) nominal thickness .
5a01.5.3.2.2 Black powder. Commercial stocks of black powder not on display shall not
e)(ceed 50 pounds (23 kg) ar.d shall be stored in a type 4 indoor magazine. \,Vhen black powder
and smokeless propellants are stored together in the same magazine, the total quantity shall
not e)cceed that permitted for black powder.
5a01.5.3.2.3 Small arms primers. Commercial stocks of small arms primers not on display
shall not exceed 750,000. Storage shall be arranged such that not more than 100,000 small arms
primers are stored in any one pile ar.d piles are at least 15 feet (4572 mm) apart.
la.40.380 Establishment of limits of districts in -which storage of Class I and II liquids in
aboveground tanks is prohibited.
Co un c il Agenda: November I , 2016
Page : 80
Revi sion Date: Novemb er I , 20 I 6
ITEM #10
The limits referred to in Section 5704.2.4.4 of the California Fire Code, in v,hich the storage
of flammable or combustible liquids in aboveground tanks is prohibited are hereby established
as all locations of the City of Cupertino that are residential or congested commercial areas as
determined by the Fire Code Official.
16.40.380 Establishment of limits of districts in which storage of Class I and II liquids in
aboveground tanks is prohibited.
The limits referred to in Section 5706.2.4.4 of the California Fire Code, in which the storage
of flammable or combustible liquids in aboveground tanks is prohibited are hereby established
as all locations of the City of Cupertino that are residential or other locations as determined by
the fire code official.
16.40.385 Storage -Flammable and Combustible Liquids.
Amend section 5704.2 .7.5.8 of the ~2016 California Fire Code to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section
5704.2.9.6.65704.2.9 .7.5 shall be provided to prevent the 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.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less
provided an independent means of notifying the person filling the tank that the fluid
level has reached 90 percent of tank capacity by providing an audible or visual alarm
signal, or providing a tank level gauge marked at 90 percent of tank capacity.
An approved means or m e thod 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 D e lete d
Add section 5704.2.7.5.9 to the ~2016 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 overfill prote ction, approved by the fir e code
official, that s ends an alarm signal to a constantly attended location and imme diately s tops the
Co un c il Agend a: November I , 20 I 6
Pa ge: 8 1
Rev is io n Da te : Novemb e r I , 20 16
ITEM #10
filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis
and records of such testing shall be maintained on-site for a period of five (5) years.
16.40.390 Establishment of limits of districts in which storage of Class I and II liquids in
outside aboveground tanks is prohibited.
The limits referred to in Section 5704.2.9.6.1 of the California Fire Code, in which the storage
of flammable or combustible liquids in aboveground tanks is prohibited are hereby established
as all locations of the City of Cupertino that are residential or congested commercial areas as
determined by the Fire Code Official.
16.40.400 On-Demand Mobile Fueling
Adopt Section 5707 of the 2016 California Fire Code to read as follows:
5707.1 General. On-demand mobile fueling operations that dispense Class L II, and III
liquids into the fuel tanks of motor vehicles shall comply with Sections 5707.1 through 5707.7.
Exception: Fueling from an approved portable container in cases of an emergency or for
personal use.
5707.1.1 Approval required. Mobile fueling operations shall not be conducted without
first obtaining a permit and approval from the,fire code official. Mobile fueling operations
shall occur only at approved locations.
5707.2 Mobile fueling vehicle. An on-demand mobile fueling vehicle shall be one of the
following:
1. A tank vehicle complying with NFP A 385 that has chassis-mounted tanks or containers
where the aggregate cargo capacity does not exceed 1200 gallons (4542 L).
2. A vehicle with one or more chassis-mounted tanks or containers that do not exceed 110
gallons (415 L) individual capacity and having an aggregate capacity that does not exceed 1200
gallons (4542 L).
3. A vehicle that carries a maximum of 60 gallons (227 L) of motor fuel in metal safety cans
listed in accordance with UL 30 or other approved metal containers each not to exceed 5 gallons
(19 L) in capacity.
The mobile fueling vehicle shall comply with the requirements of all local, state and federal
requirements.
Co un cil Agend a : Novemb er I , 20 I 6
Page: 82
Rev is io n Date: Novemb er I , 20 16
ITEM #JO
Mobile fueling vehicles with a chassis-mounted tank in excess of 110 gallons (415 L) shall
comply with the requirements of Section 5706.6, Section 5707, and NFP A 385.
The mobile fueling vehicle and its equipment shall be maintained in good repair.
Safety cans and approved metal containers shall be secured to the mobile fueling vehicle
except when in use.
5707.3 Required documents. Documents developed to comply with Sections 5707.3.1
through 5707.3.3 shall be updated as necessary by the owner of the mobile fueling operation
and shall be maintained in compliance with Section 107.3.
5707.3.1 Safety and emergency response plan. Mobile fueling operators shall have an
approved written safety and emergency response plan that establishes policies and
procedures for fire safety, spill prevention and control, personnel training and compliance
with other applicable requirements of this code.
5707.3.2 Training records. Training records of operators shall be maintained. Mobile
fueling vehicle operators shall possess evidence of training on proper fueling procedures
and the safety and emergency response plan.
5707.3.3 Site plan. A site plan shall be developed for each location at which mobile
fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings,
structures, lot lines, property lines, and appurtenances on site and their use or function; all
uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain
openings and adjacent waterways or wetlands; information regarding slope, natural
drainage, curbing, impounding and how a spill will be retained upon the site property; and
the scale of the site plan.
5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public ways, or
inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited.
5707.4.1 Separation. Mobile fueling shall not take place within 25 feet (7620 mm) of
buildings, property lines, or combustible storage.
Exception: Thefire cod e official shall be authorized to decrease the separation distance
for dispensing from metal safety cans or other approved metal containers in accordance
with Section 5707.2.
Co un cil Agenda : Nove 111b er I , 20 16
Page: 83
Rev ision Dat e: Nove111 ber I , 20 16
ITEM #10
When dis pens ing operations occur within 15 fe et (45 72 mm) of a s torm drain, an appro ve d
storm drain cover or an approved equivalent method that will prevent any fuel from
reaching the drain shall be used .
5707.4.2 Sources of ignition. Smoking, open flames, and other sources of ignition shall
be prohibited within 25 feet (7620 mm) of fuel dispensing activities. Signs prohibiting
smoking or open flames within 25 feet (7620 mm) of the vehicle and the point of fueling
shall be prominently posted on the mobile fueling vehicle . The engines of vehicles being
fueled shall be shut off during fueling.
5707.5 Equipment. Mobile fueling equipment shall comply with Sections 5707.5.1 through
5707.5.5.
5707.5.1 Dispensing hoses and nozzles. Where equipped, the dispensing hose shall not
exceed 50 feet (15 240 mm) in length. The dispensing nozzles, aREl--hoses and
appurtenances shall be of an appro ved and list ed type.
5707.5.2 Break-away device. A listed break-away device shall be provided at the nozzle.
Exception: Mobile fueling vehicles equipped with an approved brake interlock tied to the
nozzle holder that prohibits mov ement of the mobile fueling vehicle when the nozzle is
removed from its holder.
5707.5.3 Shut off valve and fuel limit. Mobile fueling vehicles shall be equipped with a
listed shutoff valve assembly and afuel limit switch set to a maximum of 30 gallons (116 L).
5707.5.4 Fire extinguisher. An appro ve d portable fire extinguisher complying with
Section 906 with a minimum rating of 4-A:80 -B:C shall b e provided on the mobile fuelin g
vehicle with signage cle a rly indicating its location.
5707.5.5 Spill kit. Mobil e fu eling vehicles shall contain a minimum 5 gallon (19 L) s pill
kit of an appro ve d type.
5707.6 Operations. Mobile fu e lin g vehicles s h a ll b e cons ta ntly a ttende d during fu e lin g
operations w ith bra k es s et and w arning li ghts in ope ration. Mobil e fuelin g vehicl es shall n o t
ob s tr uct emergency vehicle acc ess roa d s .
5707.6.1 Dispensing hose. Where equ ipp ed, mobile fu e lin g ve hicl es shall b e pos iti on e d
in a manner t o pre clude traffic fro m drivin g over th e d ispensing h ose. Th e dispen sing h ose
Coun cil Agend a : Novemb er I , 20 I 6
Page: 84
Rev is io n Date : Novemb er I , 20 16
ITEM #10
shall be placed on an approved reel or in an approved compartment prior to moving the
mobile fueling vehicle.
5707.6.2 Drip control. Operators shall place a drip pan or an absorbent pillow under
the nozzle to catch drips and under each fuel fill opening prior to and during dispensing
operations.
5707.6.3 Nighttime deliveries. Nighttime deliveries shall only be made in areas deemed
adequately lighted by thefire code official.
5707.6.4 Vehicle lights. The mobile fueling vehicle flasher lights shall be in operation
while dispensing operations are in progress.
5707 .6.5 Safety cones. Safety cones or barriers shall be employed as warning devices to
highlight the vehicle fueling area.
5707.6.6 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle
shall be provided. Such bonding means shall be employed during fueling operations.
5707.6.7 Spill reporting. Spills shall be reported in accordance with Section 5003.3.1.
5707 .7 Training. Mobile fueling vehicles shall be operated only by designated personnel
who are trained on proper fueling procedures and the safety and emergency response plan.
The vehicle operator training shall be approved by thefire code official.
16.40.40016.40.410 Establishment of limits of districts in which the storage of stationary
tanks of flammable cryogenic fluids are to be prohibited.
The limits referred to in Section 5806.2 of the California Fire Code in which the storage of
flammable cryogenic fluids in stationary containers is prohibited are hereby established as all
locations of the City of Cupertino which are residential and congested commercial areas as
determined by the fire code official.
16 .40.41016.40.420 General -Highly toxic , toxic and moderately toxic materials.
Add Sec. 600 1.3 of the 20 13 California Fire Code t o read a s follmvs :
Co un c il Agend a: Novemb er I, 2016
Page: 85
Rev is io n Da te: Nove mb er I , 201 6
ITEM #I O
6001.3 ·Moderately Toxic Gases \r\lith a LC5ll Equal To Or Less Than 3000 Parts Per "Million.
Norwithstanding the hazard class defir.ition in Section 6002, moderately toxic gases 'Nith an
l:£..w less thar. 3000 parts per million shall additionally comply vlith the requirements for to)(ic
gases in Section 6001 of this code.
Amend Section 6002.1 of the 2016 California Fire Code to read as follows:
6002.1 Definitions. The following terms are defined in Chapter 2:
CONTAINMENT SYSTEM.
CONTAINMENT VESSEL.
EXCESS FLOW VAL VE.
HIGHLY TOXIC.
MAXIMUM THRESHOLD QUANTITY.
MINIMUM THRESHOLD QUANTITY.
MOD ERA TEL Y TOXIC GAS.
OZONE-GAS GENERA TOR.
PHYSIOLOGICAL WARNING THRESHOLD.
REDUCED FLOW VAL VE.
TOXIC.
16.40.430 Highly toxic, toxic and moderately toxic gases including those used as
refrigerants.
Amend Section 6004.1 of the 2016 California Fire Code to read as follows:
6004.1 General. Materials stored and used as a gas whether or not the material meets the
definition of a compressed gas, and meets the definition of a highly toxic, toxic and moderately
toxic gas shall comply with Section 6004.
The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and
mists for indoor and exterior storage and use are set forth in Table 6004.1.
Add Table 6004.1 of the 2016 California Fire Code to read as follows:
Table 6004.1
Minimum Threshold Ouantities for Highlx Toxic, Toxic and Moderatelx Toxic Gases
Highly Toxic
To xic
Moderately Toxic
Coun c il Age nd a: Novemb er 1,20 16
Page: 86
Rev ision Date: No vemb er I , 20 16
0
10 cubic feet
20 cubic feet
ITEM #10
Amend Section 6004.1.1 of the 2016 California Fire Code to read as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor
storage and use of highly toxic, toxic and moderately toxic gases in certain occupancies shall
be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Toxic highly toxic and moderately toxic
gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and
pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Toxic, highly toxic and moderately toxic gases shall
not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Toxic, highly toxic and moderately
toxic gases shall not be stored or used in offices, retail sales or cl assroom portions of
Group B, F, Mor S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m 3) at NTP are allowed in gas cabinets or fume hoods.
Amend Section 6004.1.2 of the 2016 California Fire Code to read as follows:
6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic and moderately toxic
gases shall comply with Section 5003.8.6 and the following requirements:
1. The av erage ventilation velocity at the face of gas cabinet access ports or windows
shall not be less than 200 cubic feet per minute (1.02 m/s) with a minimum of 150 feet per
minute (0.76 m/s) at any point of the access port or window.
2. Ga s cabinets shall be connected to an exhaust system.
3. Ga s cabinets shall not be u se d as the sole m e ans of exh a ust fo r any room or area.
4. The m ax imum number of cy linders lo cate d in a single gas cabine t shall not ex ceed
three, e xc ept that cabine ts containing cy linders n o t ex ceedin g 1 p o und (0.4 54 k g) n e t
Council Agenda: November I , 2016
Pa ge: 87
Re vis ion Date : November I , 2016
ITEM #10
contents are allowed to contain up to 100 cylinders.
Gas cabinets required by Section 6004.2 or 6004.3 shall be equipped with an approved
automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire-
extinguishing systems shall not be used.
Amend Section 6004.1.3 of the 2016 California Fire Code to read as follows:
6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or
moderately toxic gases shall comply with Section 5003 .8.5 and the following requirements:
1. The average ventilation velocity at the face of the enclosure shall not be less than 200
feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s).
2. Exhausted enclosures shall be connected to an exhaust system.
3. Exhausted enclosures shall not be used as the sole means of exhaust for any room or
area.
Exhausted enclosures required by Section 6004.2 or 6004.3 shall be equipped with an
approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire-
extinguishing system shall not be used.
Ma--Adopt Section 6004.1.4 to the ~2016 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. Fa ilure of required ventilation.
7. Manual activation at an approved remote location.
Add Section 6004.1.5 to the ~2016 California Fire Code to read as follows:
Coun c il Agend a: Novemb er I , 20 16
Pa ge: 88
Re vis ion Date: Novemb er I , 20 16
ITEM #10
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.
Add Section 6004.1.6 to the :W-±J-2016 California Fire Code to read as follows:
6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the
maximum threshol~ quantity in a single vessel per control area or outdoor control area ~hall
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 6004 of this code.!
The following formula shall be used to calculate the maximum threshold quantity:
Max TO (pounds)= LC so (ppm) x 2 lb.
For gas mixtur es containing one or more toxic, highly toxic o r moderately toxic components,
the LC so shall be calculated using CGA Standar ds P-20 and P-23 .
Add Section 6004.1.7 to the :W-±J-2016 California Fire Code to read as follows:
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 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.
Add Section 6004.1.8 to the :W-±J-2016 California Fire Code to read as follows:
6004.1.8 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 NFP A 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 5004.5.
Add Section 6004.1.9 to the :W-±J-2 016 California Fire Code to read as follows :
Coun c il Agend a : Nove m be r I , 20 16
Page: 89
Rev is ion Date : Novembe r I , 2 01 6
ITEM #10
6004.1.9 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.
Add Section 6004.1.10 to the ~2016 California Fire Code to read as follows:
6004.1.10 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.
Add Section 6004.1.11 to the ~2016 California Fire Code to read as follows:
6004.1.11 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 code official.
Add Section 6004.1.12 to the ~2016 California Fire Code to read as follows:
6004.1.12 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.
Add Section 6004.1.13 to the ~2016 California Fire Code to read as follows:
6004.1.13 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 .
Add Section 6004.1.14 to the ~2016 California Fire Code to read as follows:
Co un ci l Agenda: Novemb er I , 20 16
Page: 90
Rev isio n Date: November I , 2016
ITEM #10
6004.1.14 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 LCso 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.
Amend Section 6004.2 of the ~2016 California Fire Code 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 6004.2.1 through 6004.2.2.10.M4 ..
The threshold quantity for highly tmdc, toxic and moderately tm<ic gases for indoor storage and
use are set forth in Table 6001.2.
Add Table 6001.2 to the 2013 California Fire Code to read as follows:
Threshold Quantities for Highly Toxic, Toxic and 1\4"oderately Toxic Cases
tor Indoor ~torage and Yse
I=Iigllly Toxic G
+e*i:E 10 cubic teet
~4oderately Toxic 20 cubic teet
Amend Section 6004.2.1 of the ~2016 California Fire Code 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;2 .
Amend Sec. 6004.2.1.1 of the ~2016 California Fire Code to read as follows:
6004.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control Area. The
indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the
maximum allowable quantity per control area set forth in Table 6004.2 shall be in accordance
with Sections 5001 , 5003, 6001, 6004.lL aru:i-6004.2 .1.4, and 6004.2.1.5 .
Adopt Section 6004.2.1.4 of the 2016 California Fire Code to read as follows:
6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area.
The indoor storage or use of highly toxic, toxic ·and moderately toxic gases in amounts
not exceeding the minimum threshold quantity per control area set forth in Table 6004.1
shall be in accordance with Sections 6001, and 6004.1 and Chapter 50.
Co un c il Agenda : November I , 20 I 6
Pa ge: 9 1
Revi s io n Date: November I , 20 16
ITEM #10
Adopt Section 6004.2.1.5 of the 2016 California Fire Code to read as follows:
6004.2.1.5 Quantities exceeding the minimum threshold quantity per control area.
The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts
exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall
be in accordance with Sections 6001, 6004. 1, 6004.2 and Chapter 50.
Amend Sec. 6004.2.2 of the ~2016 California Fire Code 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.J.4 .
Moderately toxic gases with an LC so equal to or 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.J.4 .
All other moderately tmdc gases e)(ceeding the threshold quantity shall comply ,.,vith the
requirements for toxic gases in Sections 6001.2.2.1 through 6001.2.2.7.
Moderately toxic gases with an LC so more than 3000 parts per million but not greater than 5000
parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6,
shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7 .
Moderately toxic gases shall not be considered as toxic gases for maximum allowable
quantities determinations under Table 5003.1.1(2).
Amend Sec. 6004.2.2.7 of the ~2016 California Fire Code to read as follows:
6001.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted enclosures
and 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 t re atment 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 510 of the California
Mechanical Code.
Exceptions:
1. Highly toxic, toxic and m o d erately toxic gases storage. A treatment syst em i s not
required for cylinders, containers and tanks in storage when all of the following are
provided:
Council Agend a: November I , 2016
Page : 92
Revi s ion Date : Novemb er I , 20 16
ITEM #10
1.1. Valve outlets are equipped with gas-tight outlet plug or caps.
1.2. Hand wheel-operated valves have handles secured to prevent movement.
1.3 . Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
Amend 6004.2.2.10.2 of the ~2016 California Fire Code 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.
Amend Section 6004.3 of the ~2016 California Fire Code 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 minimum threshold quantity for highly toxic, toxic and moderately toxic gases for
outdoor storage and use are set forth in Table 6004.Jl.
Add Table 6001.3 of the 2013 California Fire Code to read as follmvs:
Threshold Quantities for Highly Toxic, Toxic and l\4oderately Toxic Cases for
Qutdoor Storage and Yse
Highly To~€ie G
+ffi6-e 10 ec1:bie feet
A,4oderately To~€ie 20 ec1:bie feet
Amend Section 6004.3.1 of the ~2016 California Fire Code 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.J.;2 .
Amend Section 6004.3.1.1 of the ~2016 California Fire Code to read as follows:
6001.3.1.1 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, aRG--6004.3 .1.4 and 6004.3.1.5 .
Coun cil Ag end a: November I , 20 16
Page : 93
Revi s ion Date: Novemb er l , 2016
ITEM #10
Moderately tmdc gases ·.vith ,m LC50 less than 3000 parts per million in amounts exceeding the
threshold quantity in Table 6001.3 shall comply -..vith the requirements for toxic gases ir. Sections
5001, 5003, 6001, 6001.1 and 6001.3.
Moderately toxic gases in amounts e)(ceeding the threshold quantity in Table 6001.3 shall
comply with the requirements for toxic gases in Sections, 5003, 6001, 6001.1 and 6001.3.2.1
through 6001.3.2.5.
Adopt Section 6004.3.1.4 of the 2016 California Fire Code to read as follows:
6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control
area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in
amounts not exceeding the minimum threshold quantity per control area set forth in
Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.
Adopt Section 6004.3.1.5 of the 2016 California Fire Code to read as follows:
6004.3.1.5 Quantities exceeding the minimum Threshold Quantity per control area.
The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts
exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall
be in accordance with Sections 6001, 6004.3 and Chapter 50.
Amend Section 6004.3.2 of the 2016 California Fire Code to read as follows:
6004.3.2 General outdoor requirements. The general requirements applicable to the
outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in
accordance with Sections 6004.3.2.1 through 6004.3.2.4.
Moderately toxic gases with an LC so equal to or less than 3000 parts per million shall comply
with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.
Moderately toxic gases with an LC so more than 3000 parts per million but not greater than
5000 parts per million and exceeding the maximum threshold quantity, as determined by
6004.1.6, shall comply -with the requirements for toxic gases in Sections 5001, 5003, 6001,
6004.1 and 6004.3.2.1 through 6004.3.2.4.
Moderately toxic gases shall not be considered as toxic gases for maximum allowable
quantities determinations under Table 5003.1.1(4).
Amend Section 6004.3.3 of the ~2016 California Fire Code to read as follows:
Counci l Agenda: November I , 2016
Page: 94
Revis io n Dat e: November I , 20 16
ITEM #IO
6004.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders. Weather
protection in accordance with Section 5004.13 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 .
16.40.43516.40.44 0 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
The limits referred to in Section 6104.2 of the California Fire Code, in which storage of
liquefied petroleum gas is restricted, are hereby established as all locations of the City of
Cupertino that are residential or congested commercial areas.
Exception: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking
uses may be permitted if stored and handled in accordance with this code. Facilities in
commercial areas for refueling portable or mobile LGP containers may be approved by the fire
code official on a case by case basis.
16.40.44016.40.450 Use -Silane Distribution systems automatic shutdown.
Add Section 6405.3.1 to the ~2016 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 detection system at levels
above the alarm level and/or failure of the ventilation system for the silane distribution system.
16.40.460 Reference Standards.
Adopt Chapter 80 of the 2016 California Fire Code with the following amendments:
C-7 (2014)
G-13 (2015)
Guide to Classification and Labeling of Compressed Gases . . . 5303.4.2,
5503.4.2
Storage and Handling of Silane and Silane Mixtures
(an American National Standard) ......... 6404.1, 6404.2, 6405.3
Co un c il Agend a: Novemb er I , 201 6
Page : 9 5
Rev is ion Dat e : Nove mb er I , 2016
P-1 (2000)
ANSI/P-18 (2013)
S-1.1 (2011)
S-1.2 (2009)
S-1.3 (2008)
V-1 (2013)
ITEM #10
Safe Handling of Compre ssed Gas es in Containers ....... 530 5 .7
Standard for Bulk Inert Gas Systems .................. 5501.1
Relief Device Standards -Part 1 -Cylinders for Compressed Gases . . .
.5003.3.2, 5503.2
Pressure Relief Device Standards -Part 2 Portable Containers for
Compressed Gases ........................ 5003.3.2, 5503 .2
Pressure Relief Device Standards -Part 3 -Stationary Storage Containers
for Compressed Gases ............ 5003.3 .2, 5503.2
Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections.
........ 3505.2.1
SECTION 8. Chapter 16.42 of Title 16 of the Cupertino Municipal Code is hereby repealed .
SECTION 20. The Title of Chapter 16 .54 of Title 16 of the Cupertino A.4unicipal Code is hereby
amended to read a s follmvs:
CHAPTER 16.54: ENERGY CODE
SECTION 21 9. Section 16.54.010 of Chapter 16.54 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follows:
16.54.010 Code Adoption.
L The provisions of the :2:G--1-&-2016 California Energy Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth in
this chapter, and is by such reference adopted.
IL._One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 (d) (1) and are made available for public
inspection.
SEC TI ON 22. A ll other p rovis ion s of Ch a pter 16.54 of Ti tl e 16 of the Cupertino M u ni ci pal
C o d e remain unchange d .
Coun c il Agenda: November I , 20 I 6
Page: 96
Rev is io n Date: Novemb er I , 201 6
ITEM #10
SECTION 23. The Title of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby
amended to read as follmvs:
CHl\PTER 16.58: GREEN BUILDING 8TAND1A ... RD8 CODE 1A ... DOPTED
SECTION 24 10 . Section 16.58 .010 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16 .58.010 Code Adoption.
A. -The provisions of the ~2016 California Green Building Standards Code and each and
all of the regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
11._-0ne (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 (d)(1) and is made available for public inspection.
SECTION -2S 11 . Section 16.58.015 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the ~2016 California Green Building Standards Code have
been adopted.
SECTION ~ 12. Section 16 .58.040 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.58.040 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the cross-
referenced provisions of the ~2016 California Green Building Standards Code and shall be
deemed to amend the cross-referenced sections of said Code with the respective provisions set
forth in this Chapter.
Co un c il Agenda : Novemb er I , 201 6
Page: 97
Rev is io n Date: Novemb er 1, 201 6
ITEM #10
SECTION--2-713 . Section 16.58.100 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.58.100 Section 101.10-Amended.
Amend Section 101.10 to read as follows:
101.10 Mandatory requirements. This code contains mandatory green building measures. In
addition, this Chapter contains required minimum green building measures as amended by
the City of Cupertino. All new buildings and structures, additions, renovations and tenant
improvements subject to requirements in Table 101.10 shall comply with the mandatory
measures of the ~2016 California Green Building Standards Code as adopted by the state
in addition to local amendments included in this code, regardless of height or number of
stories, unless specifically exempted by this code.
SECTION 28. All other provisions of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code remain unchanged.
SECTION 14. Section 16.80 .040 of Chapter 16 .80 of Title 16 of the Cupertino Municipal Code
is hereby amended to read as follows:
16.80.040 Placards.
The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of actual
placards are attached in Exhibit A-L Exhibit A-2, and Exhibit A-3 .
1. INSPECTED -LAWFUL OCCUPANCY PERMITTED is to be posted on any building
or structure wherein no apparent structural hazard has been found. This placard is not
intended to mean that there is no damage to the building or structure.
2. RESTRICTED USE is to be posted on each building or structure that has been damaged
wherein the damage has resulted in some form of restriction to the continued occupancy. The
individual who posts this placard will note in general terms the type of damage encountered
and will clearly and concisely note the restrictions on continued occupancy.
3. UNSAFE -DO NOT ENTER OR OCCUPY is to be posted on each building or
structure that has been damaged such that continued occupancy poses a threat to life
safety. Buildings or structures posted with this placard shall not be entered under any
circumstance except as authorized in writing by the Building Official, or his or her authorized
Co un c il Agend a : November I , 20 16
Page: 98
Rev is io n Date : Novem ber I , 20 16
ITEM #IO
representative . Safety assessment teams shall be authorized to enter these buildings at any
time. This placard is not to be used or considered as a demolition order. The individual who
posts this placard will note in general terms the type of damage encountered.
This ordinance number, the name of the jurisdiction, its address, and phone number shall be
permanently affixed to each placard.
Once it has been attached to a building or structure, a placard is not to be removed, altered
or covered until done so by an authorized representative of the Building Official. It shall be
unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless
authorized pursuant to this section.
Counci l Agenda: November I, 20 16
Page: 99
Revis ion Date : November I , 20 16
EXHIBIT A -1
mll
}-
ITEM #10
m l ,~rsr ipr,>E,--1i c[· 111:E Di .· ~ i ~, ~ r I': I, •. I. ! / Green Placard .pdf
-_ ----' -----
CUPERTINO LAWFUL OCCUPANCY PERMITTED
ADDRESS: ___________________ DATE: ____ TIME: __ _
This structure has been inspected as indicated below and no apparent structural hazard has been found :
D Inspected Exterior Only
D Inspected Exterior and Interior
This facility was inspected under
Emergency conditions for:
City of Cupertino
10300 Torre Ave.
Cupertino , CA 95014
(408) 777-3228
Inspector Co1n1nents:
Caution: Aftershocks since inspection may incr eas e
damage and risk.
Building Inspector: _____________ _
Do not Remove, Alter, or Cover this Placard until authorized by the Building Offic ial
(CMC Section 16.08.040 and Californi a P enal Code Section 6 16)
CITY OF CUPERTIN O
Community Development Department I Building Division I 10300 Torre Ave ., Cup ertino , CA 9 5014 I (4 08) 777 -3228 I www.cupertino .org
Coun ci l Agen da : Novemb er I , 20 16
Page : 100
Rev ision Date: Novemb er I , 201 6
Copy to
Green
EXHIBIT A-2 ..
)-
ITEM #IO
m RE 1ST 1RICT 1ED USE Yellow Placard.pdf
CUPERTINO
ADDRESS: ___________________ DATE: ____ TIME: ___ _
This structure has been inspected and found to be damaged as described below: ----------
This facility was inspected under
Emergency conditions for:
City of Cupertino
10300 Torre Ave.
Cupertino , CA 95014
( 408) 777-3228
Entry, occupancy, and lawful use are restricted as
indicated below:
Caution: Aftershocks since inspection may increase
damage and risk.
Building Inspector: ______________ _
Do not Remove, Alter, or Cover this Placard until authorized by the Building Official
(CMC Section 16.08.040 and California Penal Code Section 616)
CITY OF CUPERTINO
Community DevelopmentDepartment I BuildingDivision I 10300TorreAve.,Cupertino ,CA95014 I (408)777-3228 I www.cupertino.org
Co un c il Agend a : November I, 201 6
Page: 10 1
Rev isio n Date: Novemb er I , 20 16
Copy to
Yellow
EXHIBIT A-3
m 1 • ~ 1, \ I A: l I. U~NsA· F "i-r·
1
, . ,i _ ~ ~ ~ /-~ I I . I i .
CUPERTINO DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
IT EM #10
IEII
}..
Red Placard.pdf
ADDRESS: ___________________ DATE: ____ TIME: ___ _
This structure presents i1n1nediate or im1ninent hazards to occupants and the public and is considered a
"Dangerous Building" within the 1neaning of CMC Chapter 16.70. It must be vacated immediately, and 1nay not
be re-occupied unless corrected by rehabilitation or repair under a City issued building pennit.
This facility was inspected under
Emergency conditions for:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
(408) 777-3228
If the following box is checked D this structure
must be boarded up and continuously secured
against entry.
Building Inspector: ____________ _
It is unlawful to enter this property after having being lawfully removed (Califon1ia Penal Code 419).
It is unlawful to intentionally remove, alter, cover, deface, obliterate, tear down, or destroy this Placard until authorized, by the
Building Official (CMC Section 16.08.040 and California Penal Code Section 616).
CITY OF CUPERTINO
Community Development Department I Building Division I 10300 Torre Ave., Cupertino, CA 95014 I (408) 777-3228 I www.cupertino.org
Council Agenda : November I , 2016
Page: 102
Revision Date: November I , 20 I 6
Copy to
Red Paper
INTRODUCED at a regular meeting of the Cupertino City Council the __ day of
ENACTED at a regular meeting of the Cupertino City Council on this __ of
following vote:
,.A.LYES:
NOES:
,".LB SENT:
ABSTAIN:
ATTEST:
Grace Schmidt,
City Clerk
SECTION 15: Severability.
APPROVED:
Orrin Mahoney,
Mayor
ITEM #10
2013 and
2013 by the
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
SECTION 16: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code
Section 36937.
SECTION 17: Cert~{ication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of
its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this
Ordinance may be published and posted in lieu of publication and posting of the entire text.
SECTION 18: Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous provisions of
the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions
and not as amendments of the earlier provisions.
Co un c il Agenda : Novemb er I , 20 16
Pa ge: 103
Rev ision Date : November I , 2016
INTRODUCED at a regular meeting of the Cupertino City Council the
and ENACTED at a regular meeting of the Cupertino City Council on this
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Grace Schmidt
City Clerk
Counci l Agenda: November I , 20 16
Pa ge: 104
Revis ion Date: Nove mb er I , 20 I 6
APPROVED:
Barry Chang,
Mayor
day of
of
ITEM #10
2016
2016 by