CC Ordinance No. 16-2155 Amending 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 16ORDINANCE NO. 16-2155
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING 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 CODES WITH CERTAIN EXCEPTIONS, MODIFICATIONS, AND
ADDITIONS
WHEREAS, pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of the
California Health and Safety Code, the City of Cupertino may adopt the provisions of the 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 (Paii 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 such findings are incorporated by reference;
and
WHEREAS, in addition to those findings set forth in the provisions of the Cupertino Municipal
Code, on November 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:
Ordinance No. 16-2155
Page 2
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 esta_blish more restrictive conditions to improve structural
integrity of the buildings in the event of a seismic incident and provide other
protections to protect against the increased risk of fire.
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
Ordinance No. 16-21 55
Page3
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, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16.02 of Title 16 of the Cupertino Municipal Code is hereby repealed 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.
B. This title provides for the administration and enforcement of the building, residential,
plumbing, mechanical, 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,
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;
Ordinance No. 16-2155
Page4
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 code.
16.02.050 Applications and permits.
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.
Ordinance No. 16-2155
Pages
[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 2016 California Building Code as follows:
[A] 104.5 Identification. The Building Official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
Ordinance No. 16-2155
Pag e 6
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.
Amend 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 other pertinent
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
O r dinance No . 16-2155
Pag e 7
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] 104.9 of the 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.
[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.
16.02.130 Modifications.
Adopt Section [A] 104.10 of the 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 health,
accessibility, life and fire safety, or structural requirements. The details of action granting
modifications shall be recorded and entered in the files of the department of building
safety.
16.02.140 Alternate materials, design and methods of construction and equipment.
Amend 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 alternativ e material, design or
Ordinance No . 16-2155
Page 8
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.
[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 .
16.02.150 Permit Required.
Adopt Section [A] 105.1 of the 2016 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.
Adopt Section [A] 105.2 of the 2016 California Building Code as follows:
[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.
Or dinance No. 16-21 55
Pa ge 9
6. Sidewalks and driveway s 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: Minor repair work, including the replacement of lamps or
the connection of approved portable electrical equipment to approved permanently
installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply
to electrical equipment used for radio and television transmissions, but do apply to
equipment and wiring for a power supply and the installation of towers and antennas.
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. Steam, 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.
Ordinance No. 16-2155
Page 10
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:
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.
Adopt Section [A] 105.3.2 of the 2016 California Building Code as follows:
Ordinance No. 16-2155
Pag e 11
[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 Official is authorized 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.
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 authorized to prevent occupancy or use of a
structure where in violation of this code or of any other ordinances of this jurisdiction.
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 .
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.
Adopt Section [A] 105.7 of the 2016 California Building Code as follows:
Ordinance No. 16-2155
Page 12
[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.
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
Ordinance No. 16-2155
Pa ge 13
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 roof, 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.
[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 issues a
permit, the construction documents shall be approved, in writing or by stamp, as
Ordinance No. 16-2155
Page 14
"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 heretofore 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
not 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 structure 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
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.
Ordinance No. 16-2155
Page 15
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 documents, 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.
16.02.240 Responsibility of permittee.
Add new Section [A] 105.8 to the 2016 California Building Code to read as follows:
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.
16.02.250 Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the city.
16.02.260 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
Ordinance No. 16-2155
Page 16
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:
[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, pad certification, and/or geotechnical letter 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.
Ordinance No . 16-2155
Pag e 17
[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.
[A] 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.
[A] 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.
[A] 110.3.8 Other Inspections. In addition to the inspections specified in Sections
110.3.1 through 110.3.7, 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.
[A] 110.3.9 Special inspections. For special inspections, see Chapter 17.
[A] 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
Ordinance No. 16-2155
Page 18
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.
[A] 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.
[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.
16.02.270 Certificate of Occupancy.
Adopt Section [A] 111.1 of the 2016 California Building Code as follows:
[A] 111.1 Use and occupancy. No building or structure shall be used or occupied, and
no change in the existing occupancy classification of a building or structure or portion
thereof shall be made, until the Building Official has issued a certificate of occupancy
therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as
Ordinance No. 16-2155
Pa g e 19
an approval of a violation of any provision of this code 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.
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
Ordinance No. 16-2155
Page 20
portion thereof is in violation of any ordinance or regulation or any of the provisions of the
California Building Code.
16.02.280 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
determinations made by the Building Official relative to application and interpretation of
the codes identified in this Title, there shall be and is hereby created a Board of Appeals
consisting of five members who are qualified by experience and training to pass upon
matters pertaining to building construction installations and materials. The Board of
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.
Ordinance No. 16-2155
Page 21
16.02.290 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 authorized to serve a notice of
violation or order on the person responsible for the erection, construction, alteration,
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.
16.02.300 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.
Ordinance No. 16-2155
Page 22
SECTION 2. Chapter 16.04 of Title 16 of the Cupertino Municipal is hereby repealed in its
entirety and replaced with the following Chapter 16.04 to be entitled, numbered, and 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.
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 and are made available for public
inspection.
16.04.015 Adoption of 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
Ordinance No. 16-2155
Pa g e 23 .
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 Deparhnent for emergency use.
16.04.070 Exterior Wildfire Exposure.
Amend Section 707 A.9 of the 2016 California Building Code to read as follows:
707 A.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 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.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.
Ordinance No. 16-2155
Pag e 24
16.04.080 Roof Covering Classification.
Amend Section 1505.1.3 of the 2016 California Building Code to read as follows:
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.
16.04.200 Concrete Isolated Footings.
Amend Section 1705.3 Exception #1 of the 2016 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 ?r less above grade plane
that are fully supported on earth or rock, where the structural design of the footing is
based on a specified compressive strength, f' c, no greater than 2,500 pound per square
inch (psi) (17.2 Mpa).
16.04.210 Revise Section 1905.1.7 ACI 318, Section 14.1.4.
Ordinance No . 16-2155
Pag e 25
Delete Section 1905.1.7 and ACI 318 Section 14.1.4 and replace with the following:
19 05.1.7 ACI 318, Secti on 14.1.4 .
14 .1.4 -Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4 .1-Structures assigned to Seismic Design Category C, D, 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 s tories 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 foo t ings 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 cross-sectional area of the footing .
16.04 .400 Swimming Pools .
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 .
Ordinance No. 16-2155
Page 26
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. Pregunite 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.
Ordinance No. 16-21 55
Pa g e 27
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 to
read as follows
CHAPTER 16.06 RESIDENTIAL CODE
16.06.010 Code Adoption.
A. The provisions of the 2016 California Residential 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.
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 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:
Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems;
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.l 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:
Ordinance No . 16 -2155
Page 28
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, rebuild of existing one-and two-family
dwellings as defined by the Building Official, and in existing one-and two-family
dwellings when additions are made that increase the building area to more than 3,600
square feet.
Exception:
1. 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 R337.7.9 of the 2016 California Residential Code to read as follow s:
R337.7.9 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 gy p sum sheathing applied behind an exterior co v ering on
the underside of the floor projection.
Ordinance No . 16-2155
Page 29
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 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.
Amend Section R337.10 .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.
R337.10.3.1. Attached accessory structures shall comply with the requirements of
this section.
Amend Section R337.10.4 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.l 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.
Amend Section R403 .l.l of the 2016 California Residential Code to read as follows:
Ordinance No. 16-2155
Page30
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as
set forth in Table R403.l(l) to Table R403.1(3) and Figure 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.l.
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
16.06.090 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
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 R337.5.
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
Ordinance No. 16-2155
Page 31
chimneys shall terminate in a substantially constructed spark arrestor complying with the
requirements of the 2016 California Residential Code Section R1003.9.2.
16.06.110 Intermittent Brace Wall Panel Construction Methods.
Amend Section R602.10.4 of the 2016 California Residential Code, to add a new footnote
"£'' to the end of CRC Table R602.10.3(3) to read as follows:
f. 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 !If" footnote notation in the title of Table R602.10.3(3) to read as follows:
TABLE R602.10.3(3)f
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
Dz, 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.
Ordinance No. 16-2155
Page 32
SECTION 4. 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 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 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 with the following definitions
added:
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.
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 b y training
and experience to do the recurring work required to keep a facility in such condition that it
may be utilized at its designated capacity and efficiency, to do repair work or replacement
Ordinance No . 16-2155
Page 33
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.
16.16.030 Electrical Work.
Electrical work shall be done only by:
a. Owner/Builder;
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 if 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.
16.16.040 Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the
city.
16.16.050 Interpretation.
A. The language used in this code, 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 assistants 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 .
16.16.060 Electrical Maintenance Program.
Any person regularly employing one or more full-time qualified electricians for the
purpose of installation, alteration, maintenance or repair on any property which such
person owns or occupies, may designate a qualified electrician as a maintenance
electrician. Upon being approved by the Chief Building Official, the maintenance
Ordinance No. 16-2155
Page 34
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.
Ordinance No . 16-2155
Pa g e 35
SECTION 5. 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 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 and are made available for public
inspection.
16.20.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2016 Galifornia 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.
Ordinance No. 16-2155
Pag e 36
SECTION 6. 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 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 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.
SECTION 7. 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:
CHAPTER 16.40: FIRE CODE
16.40.010 Adoption of the 2016 California Fire Code and 2015 International Fire Code.
A. There is hereby adopted by the City of Cupertino for the purpose of prescribing
Ordinance No. 16-2155
Page 37
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 excep t 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 and are made
available for public inspection.
16.40.015 Adoption of Appendix Chapters .
The following Appendix Chapters from the 2016 California Fire Code are hereby adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix N : Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses.
16.40.060 Permits.
Amend Section 105 .1.7 to the 2016 California Fire Code to read as follows:
105.1.7 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 PERMIT FEE
$1.00 TO $500.00 $23 .50
$501.00 TO $2,000 .00 $23.50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000.00
$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
Ordinance No. 16-2155
P 38 age
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 th ereof, 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
inclu ding $500,000.00
$500,001 to $1,000,000.00 $3,233 .75 for the first $500,000.00 p lus $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 p lus $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
$50.00 for each occurrence at the discretion of the fire code officia l.
Cancelled inspections without advance notice are to be paid at $112.00 for each
occurrence.
Amend Section 105 .1.8 the 2016 California Fire Code to read as fo ll ows:
105.1.8 Operational permit fees. Operational permit fees shall be paid to the Santa Clara
County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A. More than 6 persons $75 .00 -Annually
B. Over 50 persons $100.00 -Annuall
2. Day Care Facilities
More than 6 clients $35 .00 -Annually
3. Places of Assembly
A. 50-300 persons $50.00 -Annually
B. Over 300 persons $85.00 -Annually
4. Temporary Membrane Structures, Tents and Canopies $85.00 -Each
(Only those requiring permits in accordance with Section occurrence
105.6.43).
Amend Section 105.6 .9 of the 2016 California Fire Code to read as follows:
Ordinance No. 16-2155
Page 39
105.6.9 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 105.6.9.
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 105.6.9.
Amend Table 105.6.9 of the 2016 California Fire Code to read as follows:
TABLE 105.6.9
PERMIT AMOUNTS FOR COMPRESSED GASES
I
TYPE OF GAS
: cubicfeet at NIP
I AMOUNT
I
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gases) 200
Highly toxic Any amount
Inert and simple asphyxianta 6,000
Moderately toxic 20
Other health hazards 200
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Toxic Any amount
For SI: 1 cubic foot= 0.02 832 m 2
a.For carbon dioxide used in beverage dispensing applications, see Section 105.6.4.
105.6.17 Flammable and combustible liquids. An operation permit is required:
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
Ordinance No. 16-2155
Page 40
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 (227 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.
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:
Ordinance No. 16-2155
Page 41
TABLE 105.6.21
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMO UNT
Combustible liquids See Section 105.6 .17
Corrosive materials :
Gases See Section 105 .6.9
Liquids 55 gallons
Solids 500 pounds
Explosive materials See Section 105.6.15
Flammable materials:
Gases See Section 105 .6.9
Liquids See Section 105 .6.17
Solids 100 pounds
Highly toxic materials:
Gases See Section 105 .6.9
Liquids Any Amount
Solids Any Amount
Moderately toxic materials:
Gases See Section 105.6 .9
Other health hazard materials:
Gases See Section 105.6.9
Liquids 55 gallons
Solids 500 pounds
Oxidizing materials:
Gases See Section 105.6.9
Liquids:
Class 4 Any Amount
Class 3 1 gallona
Class 2 10 gallons
Class 1 55 gallons
Solids:
Class 4 Any Amount
Class 3 10 poundsb
Class 2 100 pounds
Class 1 500 pounds
Organic peroxides:
Liquids
Class I Any Amount
Class II Any Amount
Ordinance No. 16-2155
Page 42
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
Class 4
Class 3
Class 2
Class 1
Solids
Class 4
Class 3
Class 2
Class 1
Water-reactive materials:
Liquids
Class 3
Class 2
Class 1
Solids
Class 3
Class 2
Class 1
For SI: 1 gallon= 3.785 L, 1 pound = 0.454 kg.
1 gallon
2 gallons
No Permit Required
Any Amount
Any Amount
10 pounds
20 pounds
No Permit Required
Any amount
Any amount
Any amount
See Section 105.6.9
10 gallons
100 pounds
Any Amount
Any Amount
5 gallons
10 gallons
Any Amount
Any Amount
50 pounds
100 pounds
Any Amount
5 gallons
55 gallons
Any Amount
50 pounds
500 pounds
Ordinance No . 16-2155
Page 43
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.
Adopt Section 105.6.50 to the 2016 California Fire Code to read as follows :
105.6.50 Day care facility . An operational permit is required to operate a business as a day
care facility for more than 6 people.
Adopt Section 105.6.51 to the 2016 California Fire Code to read as follows:
105.6.51 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 capacity.
Amend Section 105.7.3 of the 2016 California Fire Code to read as follows:
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 105.7.4 of the 2016 California Fire Code to read as follows:
Ordinance No. 16 -2155
Page 44
105.7.4 Cryogenic fluids. A construction permit is required for installation of or alteration
to cryogenic fluid storage systems where the system capacity exceeds the amounts listed in
Table 105.6.11. Maintenance performed in accordance with this code is not considered an
alteration and does not require a construction permit.
Adopt Section 106.5 to the 2016 California Fire Code to read as follows:
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.
16.40.070 Definitions.
Adopt Chapter 3 of the 2016 California Fire Code with the following definitions amended
or added:
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 desh·uction 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.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max
TQ) 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.
Ordinance No. 16-2155
Page 45
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 forth in Section 6004.1.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal
concentration (LCSO) in air more than 2000 parts per million but not more than 5000 parts per
million by volume of gas or vapor, when administered by continuous inhalation for an hour,
or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams
each.
OTHER HEALTH HAZARD MATERIAL. 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.
SPILL CONTROL. That level of containment that is external to and separate from the
primary containment and is capable of safely and securely containing the contents of the
largest container and prevents the materials from spreading to other parts of the room.
WORKSTATION. 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 Hazards to Firefighters.
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
Ordinance No. 16-2155
Page 46
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 .1.3 and as per Fire Department access road
Standards.
Amend Section 503.2.1 of the 2016 California Fire Code to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm), exclusive of shoulders, or as required by fire department access
road standards, 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 of the 2016 California Fire Code 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 building openings and roofs.
Adopt Section 504.5 to the 2016 California Fire Code to read as follows:
Ordinance No. 16 -2155
Page 47
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 or within 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 deactivation or unlocking from a single location or otherwise approved
by the fire code official.
Access control devices shall also comply with Chapter 10 Egress.
16.40.180 Electrical equipment, wiring and hazards.
Adopt Section 605.13 of the 2016 California Fire Code to read as follows:
605.11 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.
16.40.200 Decorative Vegetation in New and Existing Buildings.
Amend Section 806 .1.1 of the 2016 California Fire Code to read as follows:
806.1.1 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.
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 903.2.19 whichever is the more restrictive .
For 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.
Ordinance No. 16-2155
Page 48
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 903.2.19.
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.
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.
Ordinance No. 16-2155
Pag e 49
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 fue l loads (storage of moderate to highly
combustible materials), increased sources of ignition (welding, automotive repair with the
use of flammable liquids and open flames).
16.40.220 Precautions against fire.
Adopt Section 3304.8 of 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 During Construction 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 .).
Adopt Section 3311.1.1 of the 2016 California Fire Code to read as follows:
Ordinance No. 16-2155
Page 50
Section 3311.1.1 Required Means 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.
16.40.300 Definitions -Wildland Urban Interface Fire Areas.
Amend Section 4902 of the 2016 California Fire Code for the 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 Application.
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 Hazard Severity Zone or as a Wildland Urban
Interface Fire Area by the City of Cupertino.
16.40.320 Defensible space.
Ordinance No. 16-2155
Page 51
Amend Section 4907.1 of the 2016 California Fire Code to read as follows:
4907.1 General. Defensible space will be maintained around all buildings and structures in
State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe
Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
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.
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 stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.
Ordinance No. 16-2155
Page 52
6. Defensible space shall also be provided around water tank structures, water supply
pumps and pump houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
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 green grass, ivy, succulents or similar plants used as ground cover, provided
they do not form a means of readily transmitting fire.
Adopt Section 4907.2 of the 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
Ordinance No . 16-2155
Page 53
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 of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official.
16.40.340 Water Supply.
Adopt Section 4909 of 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. Standby power shall be provided to pumps, controllers and related
electrical equipment so that stationary water supply facilities within the wildland-urban
interface area that are dependent on electrical power can provide the required water supply.
The standby power system shall be in accordance with the Electrical Code. 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:
Ordinance No. 16-2155
Page 54
4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban
Interface Fire Area.
16.40.355 General -Hazardous Materials.
Amend Section 5001.2.2.2 of the 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.
Adopt Section 5003.1.5 of the 2016 California Fire Code to read as follows:
5003.1.5 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.
Adopt Section 5003.1.6 of the 2016 California Fire Code to read as follows:
5003.1.6 Other 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.
Adopt Section 5003.1.7 of the 2016 California Fire Code to read as follows:
5003.1.7 Additional Spill Control and Secondary Containment Requirements. In
addition to the requirements set forth in Section 5004.2, an approved containment system is
required for any quantity of hazardous materials, that are liquids or solids at normal
Ordinance No. 16-2155
Pa g e 55
temperature, and pressure (NTP) where a spill is determined to be a plausible event and
where such an event would endanger people, property or the environment. The approved
containment system may be required to include a combination of spill control and secondary
containment meeting the design and construction requirements set forth in Section 5004.2.
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 that are 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.l and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and
Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe emergency
shutoff valves shall be installed on supply piping and tubing at the following locations:
1. The point of use.
2. 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 where 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
Instability Class 3 or 4
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 and emergency shutoff or
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
Ordinance No . 16-2155
Page 56
or area. Where the piping originates from a bulk source, the excess flow control shall be
located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. 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 6004.1. Secondary containment includes, but is not limited
to double-walled piping.
Exceptions:
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 i s 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 clas sified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of corridors and the
floor or roof above or in concealed space above other occupancies when installed in
accordance with Section 415.8.6.4 of the California Building Code for H-5 Occupancies.
Ordinance No. 16-21 55
Pa g e 57
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:
5003.3.1 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.
Adopt Section 5003 .5.2 of 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.
Adopt Section 5003 .5.3 of 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.
Adopt 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.
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.
Ordinance No. 16-2155
Page 58
5003.10.4.1 When transporting hazardous materials, elevators shall have no other
passengers other than in the individual(s) handling the chemical transport cart.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20
liters (5.26 gal).
5003.10.4.3 Toxic, highly toxic and asphyxiant gases shall be limited to a container of a
maximum water capacity of 1 lb .
5003.10.4.4 Means shall be provided to prevent the elevator from being summoned to
other floors.
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 in individual vessels having a capacity of more than 55
gallons (208 L) or in which the aggregate capacity of multiple vessels exceeds 1,000 gallons
(3785 L), shall be provided with spill control to prevent the flow of liquids to adjoining areas.
Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to
contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight raised
or recessed sills or dikes .
3. Sumps and collection systems, including containment pallets in accordance with Section
5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible with the
material stored. When liquid-tight sills or dikes are provided, they are not required at
perimeter openings having an open-grate trench across the opening that com1ects to an
approved collection system.
Amend Section 5004.2.2 .2 of the 2016 California Fire Code to read as follows:
Ordinance No. 16-2155
P age 59
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 Section 5601.1.3 of the 2016 California Fire Code to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State Fire
Marshal, are prohibited.
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
entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks
reprinted in Section 5608 and Health and Safety Code Division 11.
16.40.380 Establishment of limits of districts in which storage of Class I and II liquids in
aboveground tanks is prohibited.
Ordinance No. 16-2155
Page 60
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 .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 method in accordance with Section 5704 .2.9.7.6 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment
inside buildings.
Exception Deleted
Adopt Section 5704.2.7.5 .9 of 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 protection, approved by the fire code
official, that sends an alarm signal to a constantly attended location and immediately stops the
filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis
and records of such 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
Ordinance No. 16-2155
Page 61
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 I, 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 NFPA 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.
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.
Ordinance No. 16-2155
Page 62
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: The fire code 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.
When dispensing operations occur within 15 feet (4572 mm) of a storm drain, an approved
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.
Ordinance No. 16-2155
Pag e 63
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, arui---hoses and
appurtenances shall be of an approved and listed 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 movement 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 a fuel limit switch set to a maximum of 30 gallons (116 L).
5707.5.4 Fire extinguisher. An approved portable fire extinguisher complying with
Section 906 with a minimum rating of 4-A:80-B:C shall be provided on the mobile fueling
vehicle with signage clearly indicating its location.
5707.5.5 Spill kit. Mobile fueling vehicles shall contain a minimum 5 gallon (19 L) spill
kit of an approved type.
5707.6 Operations. Mobile fueling vehicles shall be constantly attended during fueling
operations with brakes set and warning lights in operation. Mobile fueling vehicles shall not
obstruct emergency vehicle access roads.
5707.6.1 Dispensing hose. Where equipped, mobile fueling vehicles shall be positioned
in a manner to preclude traffic from driving over the dispensing hose. The dispensing hose
shall be placed on an app roved 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 the fire code official.
Ordinance No. 16-2155
Page 64
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 the fire code official.
16.40.410 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.
16.40.420 General -Highly Toxic, Toxic and Moderately Toxic Materials.
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.
MODERATELY TOXIC GAS.
OZONE-GAS GENERA TOR.
PHYSIOLOGICAL WARNING THRESHOLD.
Ordinance No. 16-2155
Page 65
REDUCED FLOW VAL VE.
TOXIC.
16.40.430 Highly Toxic, Toxic and Moderately Toxic Compressed 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 Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
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 to xi c
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.
Ordinance No . 16-2155
Page 66
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 classroom 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 average 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. Gas cabinets shall be connected to an exhaust system.
3. Gas cabinets shall not be used as the sole means of exhaust for any room or area.
4. The maximum number of cylinders located in a single gas cabinet shall not exceed
three, except that cabinets containing cylinders not exceeding 1 pound (0.454 kg) net
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.
Ordinance No. 16-21 55
Page 67
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 .
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. Failure 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:
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.
Adopt Section 6004.1.6 to the 2016 California Fire Code to read as follows:
6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used m quantities
exceeding the maximum threshold quantity in a single vessel per control area or outdoor
control area shall comply with the additional requirements for highly toxic gases of Section
6004 of this code.
Moderately toxic gases stored or used in quantities exceeding the maximum threshold
quantity in a single vessel per control area or outdoor control area shall comply with the
additional requirements for toxic gases of Section 6004 of this code.
The following formula shall be used to calculate the maximum threshold quantity:
Ordinance No. 16-2155
Page 68
Max TQ (pounds)= LC so (ppm) x 2 lb.
For gas mixtures containing one or more toxic, highly toxic or moderately toxic
components, the LC so shall be calculated using CGA Standards P-20 and P-23.
Adopt Section 6004.1.7 to the 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.
Adopt Section 6004 .1.8 to the 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.
Adopt Section 6004.1.9 to the 2016 California Fire Code to read as follows:
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.
Adopt 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.
Ordinance No. 16-2155
Pa g e 69
Adopt 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.
Adopt 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.
Adopt 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 approv ed gas cabinet unless the system operates by vacuum demand.
Adopt Section 6004.1.14 to the 2016 California Fire Code to read as follows:
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 LC so 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 or
moderately toxic compressed gases shall be in accordance with Sections 6004.2 .1 through
6004.2.2.10.4.
Amend Section 6004 .2.1 of the 2016 California Fire Code to read as follows:
Ordinance No. 16-2155
Pa g e 70
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 6004.2.1.5 .
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 not exceeding the maximum allowable quantity per control area set
forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004 .1,
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.
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 6004.2.2.10.4.
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 .10.4.
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.
Ordinance No. 16-2155
Page 71
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:
6004.2 .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 treatment system shall be
utilized to handle the accidental release of gas and to process exhaust ventilation. The
treatment system shall be designed in accordance with Sections 6004 .2.2 .7.1 through
6004.2.2.7.5 and Chapter 5 of the California Mechanical Code .
Exceptions:
1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is not
required for cylinders, containers and tanks in storage when all of the following are
provided:
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 6004.1.
Amend Section 6004 .3.1 of the 2016 California Fire Code to read as follows:
Ordinance No. 16-2155
Page 72
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 6004.3.1.5.
Amend Section 6004.3.1.1 of the 2016 California Fire Code to read as follows:
6004.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per
Control Area. The outdoor storage or use of highly toxic and toxic gases in amounts
exceeding the maximum allowable quantity per control area set forth in Table
5004 .3.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.3.1.4 and
6004.3.1.5.
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.
Ordinance No. 16-2155
Page 73
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:
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.
16.40.440 Establishment of limits m which storage of liquefied petroleum gases 1s
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.
16.40.45 0 Use -Silane Distribution systems automatic shutdown.
Adopt Section 6405 .3 .1 of 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:
Ordinance No. 16-2155
Page 74
CGA
C-7 (2014)
G-13 (2015)
P-1 (2000)
ANSI/P-18 (2013)
S-1.1 (2011)
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
Safe Handling of Compressed Gases in Containers ....... 5305.7
Standard for Bulk Inert Gas Systems .................. 5501.1
Relief Device Standards -Part 1 -Cylinders for Compressed Gases ...
.5003.3.2, 5503.2
S-1.2 (2009) Pressure Relief Device Standards -Part 2 Portable Containers for
Compressed Gases ........................ 5003.3.2, 5503.2
S-1.3 (2008) Pressure Relief Device Standards -Part 3 -Stationary Storage Containers
for Compressed Gases ............ 5003.3.2, 5503 .2
V-1 (2013) Standard for Compressed Gas Cylinder Valve Outlet and Inlet
Connections. . . . . . . . . . . . . . 3505 .2.1
Ordinance No. 16-215 5
Page 75
SECTION 8. Chapter 16.42 of Title 16 of the Cupertino Municipal Code is hereby repealed.
SECTION 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.
A. The provisions of the 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.
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 and are made available for public
inspection.
SECTION 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.
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.
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 and is made available for public inspection.
SECTION 11. Section 16.58.01~ 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 .
Ordinance No. 16-2155
Page 76
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.
SECTION 13. 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 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-1, 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.
O r dinance No . 16 -2155
Page 77
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
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 .
EXHIBIT A -1
I.ml
)-fl ,;.·st ~ 11
1,CTiE,ll) Green Placard.pdf
I ,,.,.i/ . ., ·" _ ... ~".,pi _....,,,. .
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 O nly
D Inspected Exterior and Interior
This facility was inspected under
E1nergency conditions for:
City of Cupertino
10300 Torre Ave .
Cupertino, CA 95014
(408) 77 7-3228
Inspector Comments:
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 Development Department I Building Division I 10300 Torre Ave ., Cup ertino, CA 95014 I (408) 777 -3228 I www.cup ertino .o rg
Copy to
Greeu
Ordinance No . 16-2155
Page 79
EXHIBIT A-2
ID
'I .!-m RE! 1 ls·· ~I T' r ir ~1r.; C1T' r 1E110 1·· "'· u· r•~s, :~1: 11
.
·---, ___ .;._ ... J ' -~ -·--....:.. <. , .• ~ _ _'.. •• ____ , JlJ l l ' _J _.,. i i J\ , i \ I I ' 1 •
1
1 1 i , 1 .. ! ~ , · , I 1 · , · \ 1 Ye ll ow Pl acard.pdf
CUPERTINO
ADDRESS: ___________________ DATE: ____ TIME: ___ _
This structure has been inspected and found to be dainaged as described below:
Entry, occupancy, and lawful use are restricted as
indicated below:
This facility was inspected under
Emergency conditions for: -------------
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
(408) 777 -3228 Caution: Aftershocks since inspection may increase
damage and risk.
Building Inspector: _____________ _
Do not Re1nove, 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 Development Department I Building Division I 10300 Torre Ave., Cupertino, CA 95014 I (408) 777-3228 I www.cupertino.org
C'o1~l' w
Ye/loiv
Ordinance No. 16-2155
Page 80
EXHIBIT A-3
I.ml
)-
m r . r .. ! ~-i. \,\ S.. 1. ., \ I; ... · .. ? r 1··.·· ..
1. Red Placard.pdf
!I I r ~ , ~-. . 1 . l .•
j ! \ ,} ,r \ i l \ {
'l 1 ~ f'f \' 1
:;.,' -" ...... ~ •• - • . ··--•.•....•. » '·· " . . .,, •
CUPERTINO DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
ADDRESS: ___________________ DATE: ____ TIME: ___ _
This structure presents immediate or imminent haz ards to occupants and the public and is considered a
"Dangerous Building" within the 1neaning of CMC Chapter 16. 7 0. It must be vacated immediately, and may not
be re -occupied unless corrected by rehabilitation or repair under a City issued building permit.
This facility was inspected under
Emergency conditions for:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
(408) 777-3228
Building Inspector: ____________ _
If the following box is checked D this structure
must be boarded up and continuously secured
against entry.
It is unlawful to enter this property after having being lawfully removed (California 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
Copy to
Ordinance No . 16-2155
Page 81
SECTION 15: Severability.
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 h~reof are severable.
SECTION 16: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 17: Certification.
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.
INTRODUCED at a regular meeting of the Cupertino City Council the 1st day of November,
2016 and ENACTED at a regular meeting of the Cupertino City Council on this 15th of
November, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chang, Vaidhyanathan, Paul, Sinks
None
Wong
None
APPROVED:
B
Grace Schmidt, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUP ER TINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 16-2155, which was
enacted on November 15, 2016, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 17 th day of November, 2016.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California