CC Ordinance No. 19-2189 Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code Adopting the 201 ORDINANCE NO. 19-2189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTERS 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40,
16.54,AND 16.58 AND ADDING CHAPTERS 16.62, 16.64, and 16.68 OF TITLE 16 OF
THE CUPERTINO MUNICIPAL CODE ADOPTING THE 2019 CALIFORNIA
BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL,PLUMBING,ENERGY,
FIRE, HISTORICAL BUILDING CODE,EXISTING BUILDING CODE,
REFERENCED STANDARDS CODE, AND GREEN BUILDING STANDARDS
CODE WITH CERTAIN EXCEPTIONS, DELETIONS, MODIFICATIONS,
ADDITIONS AND AMENDMENTS.
The City Council of the City of Cupertino finds that:
1. 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 2019 California Building Code (Part 2 of Title 24, based on the 2018
International Building Code),the 2019 California Residential Code(Part 2.5 of Title
24 based on the 2018 International Residential Code),the 2019 California Electrical
Code (Part 3 of Title 24 based on the 2017 National Electrical Code), The 2019
California Mechanical Code (Part 4 of Title 24 based on the 2018 Uniform
Mechanical Code), the 2019 California Plumbing Code (Part 5 of Title 24 based on
the 2018 Uniform Plumbing Code),the 2019 California Energy Code(Part 6 of Title
24), the 2019 California Historical Building Code (Part 8 of Title 24), the 2019
California Fire Code (Part 9 of Title 24), the 2019 California Existing Building Code
(Part 10 of Title 24 based on the 2018 International Existing Building Code), the
2019 California Green Building Standards Code (Part 11 of Title 24), the 2019
California Referenced Standards Code (Part 12 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.
2. The City Council of the City of Cupertino held a duly noticed public hearing on
October 15, 2019, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived
the reading thereof.
Council Agenda: November 5,2019
Page: 1
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NOW THEREFORE,THE COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence,clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. 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 an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Ouality Act.
This Ordinance is not a project under the requirements of the California Quality Act of
1970, together with related State CEQA Guidelines (collectively, "CEQA")because it has
no potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on the
environment. CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the amendments to the City
Code would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council in its independent judgment.
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SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937 and will apply to plans submitted after January 1, 2020.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October
15, 2019, and ENACTED at a regular meeting of the Cupertino City Council on
November 5, 2019, by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
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Council Agenda: November 5,2019
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SIGNED:
t l ` Y �Gl
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
APPROVED AS TO FORM:
Cl
Heather Minner, City Attorney Date
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ATTACHEMENT A
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
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Section
16.02.010 Adoption of the 2019 California Building Code, Volume 1,based on the
2018 International Building code, Volume 1.
16.02.010 Purpose.
16.02.020 Definitions.
16.02.030 Scope.
16.02.040 Duties and Powers of Building Official.
16.02.050 Permits.
16.02.060 Submittal Documents.
16.02.070 Responsibility of permittee.
16.02.080 Fees.
16.02.090 Inspections.
16.02.100 Certificate of occupancy.
16.02.110 Board of Appeals.
16.02.120 Violations.
16.02.130 Stop work order.
16.02.010 Adoption of the 2019 California Building Code, Volume 1,based on the 2018 j
International Building code, Volume 1.
A. Except as otherwise provided in this chapter, the provisions of the 2019 California
Building Code, Volume 1 inclusive, and specified Appendices and each and all of the
regulations, provisions, conditions and terms of the code are referred to as if fully set
forth in this chapter, except such portions as are hereinafter deleted, modified or
amended by this ordinance, and are by such adopted by reference.
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.
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16.02.015 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, electrical, 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;
B. "Building Official" means the Chief Building Official for the City of Cupertino
or authorized 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.
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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 Duties and Powers of Building Official.
Adopt Section [A] 104.1 of the 2019 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
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sp ecificall provided for in the code.
Adopt Section [A] 104.2 of the 2019 California Building Code as follows:
[A] 104.2 Applications and permits. The Building Official shall receive
applications, review construction documents and issue permits for the erection, and
alteration, demolition and moving of buildings and structures, inspect the premises
for which such permits have been issued and enforce compliance with the provisions
of this code.
[A] 104.2.1 Determination of substantially improved or substantially
damaged existing building and structures in flood hazard areas. For application j
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.
Adopt Section [A] 104.3 of the 2019 California Building Code as follows:
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[A] 104.3 Notices and orders. The Building Official shall issue all necessary
notices or orders to ensure compliance with this code.
Adopt Section [A] 104.4 of the 2019 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.
Adopt Section [A] 104.5 of the 2019 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.
Adopt Section [A] 104.6 of the 2019 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.
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Adopt Section [A] 104.7 of the 2019 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.
Amend Section [A] 104.8 of the 2019 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 civilly or criminally 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.
[A] 104.8.1 Legal defense. An suit or criminal complaint instituted against g y an
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officer or employee because of an act performed by that officer or employee in the
lawful discharge of duties and under the provisions of this code shall be defended
by legal representative of the jurisdiction until the final termination of the
proceedings. The Building Official or any subordinate shall not be liable for cost
in any action, suit or proceeding that is instituted in pursuance of the provisions
of this code.
Adopt Section [A] 104.9 of the 2019 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 j
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.
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Adopt Section [A] 104.10 of the 2019 California Building Code as follows:
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Council Agenda: November 5,2019
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[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.
Amend Section [A] 104.11 of the 2019 California Building Code as follows:
[A] 104.11 Alternative materials, design and methods of construction and
equipment. The provisions of this code are not intended to prevent the installation of
any material or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved. An
alternative material, design or method of construction shall be approved where the
Building Official finds that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material, method or work offered is,
for the purpose intended, not less than the equivalent of that prescribed in this code
in quality, strength, effectiveness, fire resistance, durability and safety. Where the
alternative material, design or method of construction is not approved, the building
official shall respond in writing, stating the reasons why the alternative was not
approved.
[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.
[A] 104.11.2 Tests.Whenever there is insufficient evidence of compliance with
the provisions of this code,or evidence that a material or method does not conform
to the requirements of this code, or in order to substantiate claims for alternative
materials or methods, the building official shall have the authority to require tests
as evidence of compliance to be made without expense to the jurisdiction. Test
methods shall be as specified in this code or by other recognized test standards. In
the absence of recognized and accepted test methods, the building official shall
approve the testing procedures. Tests shall be performed by an approved agency.
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Reports of such tests shall be retained by the building official for at least the period
required for retention of public records.
16.02.050 Permits.
Adopt Section [A] 105.1 of the 2019 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 this code, or to cause any such work to be performed, shall first make application
to the Building Official and obtain the required permit.
Adopt Section [A] 105.2 of the 2019 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 mz).
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.
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6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
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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.
6. Portable evaporative cooler.
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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:
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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 1
official.
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Adopt Section [A] 105.3 of the 2019 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. Identif and describe the work to be covered b the permit for which
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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. j
4. Be accompanied by construction documents and other information as
required in Section 107. 3,
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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.
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Council Agenda: November 5,2019
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Adopt Section [A] 105.3.1 of the 2019 California Building Code as follows:
[A] 105.3.1 Action on application. The building official shall examine or cause
to be examined applications for permits and amendments thereto within 180 days
after filing. If the application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject such application
in writing, stating the reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code and laws and ordinances
applicable thereto, the building official shall issue a permit therefor as soon as
practicable.
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Adopt Section [A] 105.3.2 of the 2019 California Building Code as follows:
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[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 the2019 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.
Amend and Adopt Section [A] 105.5 of the 2019 California Building Code as
follows:
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[A] 105.5 Expiration.Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 12 months after its issuance,
or if the work authorized on the site by such permit is suspended or abandoned for a
period of 12 months 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 2019 California Building Code as follows:
[A]105.6 Suspension or revocation.The Building Official is authorized to suspend 1
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.
Amend and Adopt Section [A] 105.7 of the 2019 California Building Code as
follows:
[A] 105.7 Placement of permit. The Job Card or copy shall be posted at a location
visible from the street frontage on site of the building or structure being permitted
and is not to be removed until building final.
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16.02.060 Submittal Documents.
Amend and Adopt Section [A] 107.1 of the 2019 California Building Code as 3
follows:
[A] 107.1 General. Submittal documents consisting of construction documents
statement of special inspections,geotechnical report and other data shall be submitted
electronically with each permit application. The construction document shall be
prepared by a registered design professional where required by the building official.
Where special conditions exist,the building official is authorized to require additional
construction documents to be prepared by a registered design professional.
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Exception:The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that the review
of construction documents is not necessary to obtain compliance with this code.
Adopt Section [A] 107.2 of the 2019 California Building Code as follows:
[A] 107.2 Construction documents. Construction documents shall be in
accordance with Sections 107.2.1 through 107.2.8.
Adopt Section [A] 107.3, [A] 107.3.1, [A] 107.3.2, [A] 107.3.3, [A] 107.3.4, [A]
107.3.4.1, [A] 107.4, [A] 107.5 of the 2019 California Building Code as follows:
[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
"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
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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 J
documents be prepared by a registered design professional, the building official shall
be authorized to require the owner or the owner's authorized agent to engage and
designate on the building permit application a registered design professional who
shall act as the registered design professional in responsible charge. If the
circumstances require, the owner or the owner's authorized agent shall designate a
substitute registered design professional in responsible charge who shall perform the {
duties required of the original registered design professional in responsible charge.
The building official shall be notified in writing by the owner or the owner's
authorized agent if the registered design professional in responsible charge is
changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for
reviewing and coordinating submittal documents prepared by others, including
phased and deferred submittal items, for compatibility with the design of the
building.
[A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have
the prior approval of the building official. The registered design professional in
responsible charge shall list the deferred submittals on the construction
documents for review by the building official.
Documents for deferred submittal items shall be submitted to the registered
design professional in responsible charge who shall review them and forward
them to the building official with a notation indicating that the deferred submittal
documents have been reviewed and found to be in general conformance to the
design of the building. The deferred submittal items shall not be installed until the
deferred submittal document have been approved by the building official.
[A] 107.4 Amended construction documents. Work shall be installed in accordance
with the approved construction documents, and any changes made during construction I
that are not in compliance with the approved construction shall be submitted for
approval as an amended set of construction documents. R
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[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.
16.02.070 Responsibility onsibili of p ermittee.
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.
16.02.080 Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the city.
16.02.090 Inspections.
Adopt Section [A] 110.1 of the 2019 California Building Code as follows:
[A] 110.1 General. Construction or work for which a permit is required shall be
subject to inspection by the Building Official and such construction or work shall remain
accessible and exposed for inspection purposes until approved. Approval as a result of
an inspection shall not be construed to be an approval of a violation of the provisions of
any of the codes or amendments specified in this title. It shall be the duty of the permit
applicant to cause the work to remain accessible and exposed for inspection purposes.
Neither the Building Official nor the City of Cupertino shall be liable for expense entailed
in the removal or replacement of any material required to allow inspections.
Adopt Section [A] 110.2 of the 2019 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.
Council Agenda: November 5,2019
Page: 18
Revision Date: --
Amend Section [A] 110.3 of the 2019 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 110.3.11.
Adopt Section [A] 110.3.7 of the 2019 California Building Code as follows:
[A] 110.3.7 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.
Adopt Section [A] 110.3.8 of the 2019 California Building Code as follows:
[A] 110.3.8 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
HVAC and water-heating equipment efficiency.
Adopt Section [A] 110.4 of the 2019 California Building Code as follows:
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[A] 110.4 Inspection agencies.The building official is authorized to accept reports 1
of approved inspection agencies, provided such agencies satisfy the requirements as
a
to qualifications and reliability.
Adopt Section [A] 110.5 of the 2019 California Building Code as follows:
i
[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.
Adopt Section [A] 110.6 of the 2019 California Building Code as follows:
Council Agenda: November 5,2019
Page: 19
Revision Date: --
[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
16.02.100 Certificate of Occupancy.
Adopt Section [A] 111.1 of the 2019 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 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 2019 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.
Council Agenda: November 5,2019
Page: 20
Revision Date: --
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 2019 California Building Code as follows:
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[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.
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y
Adopt Section [A] 111.4 of the 2019 California Building Code as follows:
j
[A] 111.4 Revocation. The Building Official is authorized to, in writing, suspend
or revoke a certificate of occupancy or completion issued under the provisions of the
California Building Code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of the
provisions of the California Building Code.
a
16.02.110 Board of Appeals.
Amend and Adopt Section [A] 113.1 of the 2019 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 this code, there shall be and is hereby created a board of appeals
consisting of five-members who are qualified by experience and training to pass
upon matters pertaining to building construction installations and materials. The
board of appeals shall be appointed by the city manager, and the appointed
members of the board of appeals shall not be employees of the City. The board shall I
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
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Council Agenda: November 5,2019
Page: 21
Revision Date: --
copy to the appellant. In the event where no such board of appeals has been
established, the City Council shall serve as said appeals board.
Amend and Adopt Section [A] 113.1.1 of the 2019 California Building Code 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 city manager, and the appointed members of the board of
appeals shall not be employees of the City. 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. In the event where no such board of appeals has
been established, the City Council shall serve as said appeals board.
Adopt Section [A] 113.2 of the 2019 California Building Code to read as follows:
[A] 113.2 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this code do not fully apply or an
equally good or better form of construction is proposed. The board shall not have
authority to waive requirements of this code.
16.02.120 Violations.
Adopt Section [A] 114.1 of the 2019 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
Council Agenda: November 5,2019
Page: 22
Revision Date: --
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 2019 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.
1
16.02.130 Stop Work Order.
1
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Adopt Section [A] 115.1 of the 2019 California Building Code as follows:
i
[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 2019 California Building Code as follows:
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given to C
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.
Adopt Section [A] 115.3 of the 2019 California Building Code as follows:
[A] 115.3 Unlawful continuance. Any person who shall continue any work after
having been served with a stop work order, except such work as that person is
directed to perform by the building official to remove a violation or unsafe condition,
shall be subject to penalties as prescribed by law. 1
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Council Agenda: November 5,2019
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Revision Date: --
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
Section
16.04.010 Adoption of the 2019 California Building Code, Volumes 1 and 2, based
on the 2018 International Building Code, Volumes 1 and 2.
16.04.015 Adoption of Appendix Chapters.
16.04.020 Section 501.2-Address identification.
16.04.040 Chapter 7A-Materials and Construction Methods for Exterior Wildfire
Exposure.
16.04.060 Chapter 15 -Roof Assemblies and Rooftop Structures
16.04.080 Chapter 17-Special Inspection and Tests.
16.04.100 Chapter 19 - Concrete.
16.04.120 Section 3109 -Swimming Pool Enclosures and Safety Devices.
16.04.010 Adoption of the 2019 California Building Code,Volumes 1 and 2,based on
the 2018 International Building Code, Volumes 1 and 2.
A. Except as otherwise provided in this chapter, the provisions of the 2019 California
Building Code,Volumes 1 and 2 inclusive, 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, except such portions as are hereinafter deleted,
modified or amended by this ordinance, and is by such adopted by reference.
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.
Council Agenda: November 5,2019
Page: 24
Revision Date:
The following Appendix Chapters from the 2019 California Building Code are
hereby adopted.
Appendix C: Group U-Agricultural Buildings;
Appendix F: Rodentproofing;
Appendix G: Flood-Resistant Construction;
Appendix I: Patio Covers;
16.04.020 Section 501.2 - Address Identification.
Adopt Section 502.1 of the 2019 California Building Code and amend to read as
follows:
New and existing buildings shall be provided with approved address numbers or
letters. Each character shall be not less than 4 inches in height and not less than 0.5
inch in width. They shall be installed on a contrasting background and be plainly
visible from the street or road fronting the property. When required by the fire code
official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Where access is by means of a private road and the
building address cannot be viewed from the public way, a monument, pole or other
approved sign or means shall be used to identify the structure. Address numbers
shall be maintained.
No Certificate of Occupancy or final building approval for new construction or
alterations shall be granted until the building or residence has a street address number
posted. Subdivisions and Planned Developments shall submit a numbering schedule
for approval by the Building Department and the Fire Department. All commercial
buildings having a single address assigned with multi-suite arrangements shall have
the suite-numbering system approved or assigned by the Building Department with
an approved copy to the Fire Department for emergency use.
16.04.040 Chapter 7A-Materials and Construction Methods for Exterior Wildfire
Exposure.
Amend Section 707A.9 of the 2019 California Building Code to read as follows: i
Council Agenda: November 5,2019
Page: 25
Revision Date: --
707A.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 12-7A-3 or
ASTM E2957.
Exception: Structural columns and beams do not require protection when they
are constructed with sawn lumber or glue-laminated wood with the smallest
minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated
planks splined, tongue-and-grove, or set close together and well spiked.
Amend Section 710A.3 of the 2019 California Building Code to read as follows:
710A.3. Where required. Accessory structures shall be constructed of
noncombustible materials or of ignition-resistant materials as described in Section
704A.2.
Delete Section 710A.3.1 in its entirety.
Delete Section 710A.3.2 in its entirety.
Delete Section 710A.3.3 in its entirety.
16.04.060 Chapter 15 - Roof Assemblies and Rooftop Structures.
Amend Section 1505.1.3 of the 2019 California Building Code to read as follows:
Council Agenda: November 5,2019
Page: 26
Revision Date: --
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 2019 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.
16.04.080 Chapter 17- Special Inspection and Tests.
Amend Section 1705.3 Exception #1 of the 2019 California Building Code to read
as follows:
1705.3 Concrete Construction. Special inspections and tests of concrete
construction shall be performed in accordance with this section and Table 1705.3.
Exception:
Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, f'c, no greater than 2,500
pound per square inch (psi) (17.2 Mpa).
16.04.100 Chapter 19 - Concrete.
Adopt and amend Section 1905.1.7 and ACI 318 Section 14.1.4 to read as follows:
Council Agenda: November 5,2019
Page: 27
Revision Date: --
1905.1.7 ACI 318, Section 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 stories or less in height, the
projection of the footing beyond the face of the supported member is permitted to
exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted,provided the footings have
at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than
No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional
area of the footing. A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
Exception:
In detached one and two-family dwellings three stores or less in height and
constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to
have a total area of less than 0.002 times the gross cross-sectional area of the
footing.
16.04.120 Chapter 23 -Wood.
Add Section 2308.6.3.1 to the 2019 California Building Code to read as follows:
2308.6.3.1 Limits on methods GB, SFB, HPS, PBS and PCP. In Seismic Design
Categories D, E, and F, Methods GB, SFB, HPS, and PBS are not permitted for use as
intermittent braced wall panels, but gypsum board is permitted to be installed when
Council Agenda: November 5,2019
Page: 28
Revision Date: --
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 D, E, and F the use of
Method PCP is limited to one-story building and structures.
Amend Table 2308.6.3(1) of the 2019 California Building Code, to add a new
footnote "b" to the end of California Building Code Table 2308.6.3(1) to read as
follows:
b. In Seismic Design Categories Do, D1, and D2, Methods GB, SFB, HPS and PBS
is not permitted and the use of Method PCP is limited to one-story buildings
and structures. 1
16.04.140 Section 3109 - Swimming Pool Enclosures and Safety Devices.
Adopt Section 3109 of the 2019 California Building Code.
1
Add Section 3109.3 to the 2019 California Building Code to read as follows:
3109.3 Inspections for Swimming Pools.
A. All Work to Be Inspected. All pool installations or alterations thereto including
equipment, piping and appliances related thereto shall be inspected by the Building
Department to insure compliance with the requirements of the California Building
Code.
B. Called Inspections. It shall be the duty of the person doing the work authorized by
the building permit to notify the Building Department that said work is ready for
inspection. Such notification shall be given not less than twenty-four hours before the
work is to be inspected.
1. Pregunite inspection is required when all steel is in place, piping from the a
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;
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Council Agenda: November 5,2019
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Revision Date: --
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.
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
Section
16.06.010 Adoption of the 2019 California Residential Code based on the 2018
International Residential Code.
16.06.015 Adoption of Appendix Chapters.
16.06.020 Section R310—Emergency Escape and Rescue Openings.
16.06.040 Section R313-Automatic Fire Sprinkler Systems.
16.06.060 Section R337-Materials and Construction Methods for Exterior Wildfire
Exposure.
16.06.080 Chapter 4-Foundations.
16.06.100 Chapter 6—Wall Construction.
16.06.120 Chapter 9 -Roof Assemblies.
16.06.140 Chapter 10 - Chimneys and Fireplaces—Spark Arrestors.
16.06.010 Adoption of the 2019 California Residential Code based on the 2018
International Residential Code.
A. Except as otherwise provide in this chapter, the provisions of the 2019 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, except such portions as are hereinafter deleted, modified or amended by this
ordinance„ and is by such adopted by reference.
Council Agenda: November 5,2019
Page: 30
Revision Date: --
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.
16.06.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2019 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
16.06.020 Section R310- Emergency Escape and Rescue Openings.
Amend Section R310.1 of the 2019 California Residential Code to delete
Exception #2.
16.06.040 Section R313-Automatic Fire Sprinkler Systems.
Amend Section R313.1 of the 2019 California Residential Code to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential
fire sprinkler system shall be installed in all new townhouses and in existing
townhouses when additions are made that increase the building area to more than
3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011 that does not
total more than 1,000 square feet of building area.
f
Amend Section R313.2 of the 2019 California Residential Code to read as follows:
Council Agenda: November 5,2019
Page: 31
Revision Date: --
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 and Accessory Dwelling Units 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.
2. In all new basements and in existing basements that are expanded by more than
50%.
3. In all attached Accessory Dwelling Units and/or additions to an existing one- and
two-family dwelling that have an existing fire sprinkler system.
4. In all attached Accessory Dwelling Units and/or additions to an existing non-
sprinklered one- and two-family dwelling,when the building area is increased to
more than 3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011 that does not total
more than 1,000 square feet of building area.
5. Detached Accessory Dwelling Units are not required to have fire sprinklers
installed, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in
the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The detached Accessory Dwelling Unit does not exceed 1,200 square feet
in size.
d. The unit is on the same lot as the primary residence.
e. The unit meets all access and water supply requirements of Chapter 5 and
Appendix B and C of the 2019 California Fire Code.
16.06.060 Section R337- Materials and Construction Methods for Exterior Wildfire
Exposure.
Amend Section R337.7.9 of the 2019 California Residential Code to read as
follows:
Council Agenda: November 5,2019
Page: 32
Revision Date: --
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 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 either of the following:
5.1 SFM Standard 12-7A-3; or
5.2 ASTM E2957;
Exception:
Structural columns and beams do not require protection when they are
constructed with sawn lumber or glue-laminated wood with the smallest
minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated
planks splined, tongue-and-grove, or set close together and well spiked.
Amend Section R337.10.3 of the 2019 California Residential Code to read as
follows:
R337.10.3. Where required. Accessory structures shall be constructed of
noncombustible materials or of ignition-resistant materials as described in Section
R337.4.2.
Delete Section R337.10.3.1 in its entirety. 1
Delete Section R337.10.3.2 in its entirety.
Delete Section R337.10.3.3 in its entirety.
16.06.080 Chapter 4 -Foundations.
Council Agenda: November 5,2019
Page: 33
Revision Date: --
Amend Section R403.1 of the 2019 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 RM01 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 R403.1.1 of the 2019 California Residential Code to read as follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall
be as set forth in Table R403.1(1) to Table R403.1(3) and Figure R403.1.3. The footing
width,W,shall be based on the load-bearing value of the soil in accordance with Table
R401.4.1. Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing
projection, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of
the footing. The size of footings supporting piers and columns shall be based on the
tributary load and allowable soil pressure in accordance with Table R401.4.1.
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
16.06.100 Chapter 6—Wall Construction.
Amend Section R602.10.4 of the 2019 California Residential Code, to add a new
footnote 'f' to the end of CRC Table R602.10.4 to read as follows:
f. In Seismic Design Categories Do, D1, and D2, Methods GB, SFB, HPS, PBS, and
CS-SFB are not permitted and the use of Method PCP is limited to one-story
single family dwellings and accessory structures.
Add the 'P' footnote notation for Methods GB, SFB, HPS, PBS, CS-SFB, and PCP
of Table R602.10.4.
Council Agenda: November 5,2019
Page: 34
Revision Date: --
Add a new subsection R602.10.4.5 of the 2019 California Residential Code, to
read as follows:
R602.10.4.5 Limits on methods GB, SFB,HPS,PBS, CS-SFB and PCP. In Seismic
Design Categories Do, Di, and D2, Methods GB, SFB, HPS, PBS, and CS-SFB are 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
I
and accessory structures.
i
16.06.120 Chapter 9-Roof Assemblies.
Amend Section R902.1.3 of the 2019 California Residential Code to read as
follows: j
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 R902.1.4 of the 2019 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.
16.06.140 Chapter 10-Chimneys and Fireplaces - Spark Arrestors.
I
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
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fireplace chimneys shall terminate in a substantially constructed spark arrestor
complying with the requirements of the 2019 California Residential Code Section
R1003.9.2.
[Title 16-Chapter 16.08-No Change]
[Title 16-Chapter 16.12-No Change]
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
Section
16.16.010 Adoption of the 2019 California Electrical Code based on the 2017
National Electrical Code.
16.16.015 Adoption of Appendix Chapters.
16.16.020 Article 100-Definitions.
16.16.030 Electrical Work.
16.16.040 Electrical Fee Schedule.
16.16.050 Interpretation.
16.16.060 Electrical Maintenance Program.
16.16.010 Adoption of the 2019 California Electrical Code based on the 2017 National
Electrical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019 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, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
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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.
s
16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2019 California Electrical Code have been adopted.
16.16.020 Article 100 - Definitions.
Amend Article 100 of the 2019 California Electrical Code with the following
definitions added:
1
Electrical Contractors. For the purpose of this article, an Electrical Contractor shall j
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.
I
Maintenance Electrician. A maintenance electrician in an electrician qualified by
training and experience to do the recurring work required to keep a facility in such j
condition that it may be utilized at its designated capacity and efficiency, to do repair j
work or replacement or overhaul of constituent parts or materials to keep or restore a
facility to a condition substantially equivalent to its original or design capacity or
efficiency.
i
1
16.16.030 Electrical Work.
d
u
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;
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c. A 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
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.
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:
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Revision Date: --
CHAPTER 16.20: PLUMBING CODE
Section
16.20.010 Adoption of the 2019 California Plumbing Code based on the 2018
Uniform Plumbing Code.
16.20.015 Adoption of Appendix Chapters.
16.20.020 Name Insertion.
16.20.010 Adoption of the 2019 California Plumbing Code based on the 2018 Uniform
Plumbing Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019 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, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
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.
16.20.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2019 California Plumbing Code are
hereby adopted:
Appendix A: Recommended Rules for Sizing the Water Supply System;
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix C: Alternate Plumbing Systems; f
Appendix D: Sizing Storm Water Drainage Systems;
Appendix H: Private Sewage Disposal Systems; j
Appendix 1: Installation Standards for PEX Tubing Systems for Hot- and Cold-
Water Distribution;
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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.
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
Section
16.24.010 Adoption of the 2019 California Mechanical Code based on the 2018
Uniform Mechanical Code.
16.24.015 Adoption of Appendix Chapters.
16.24.020 Name Insertion.
16.24.010 Adoption of the 2019 California Mechanical Code based on the 2018
Uniform Mechanical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019 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, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference.
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.
16.24.015 Adoption of Appendix Chapters.
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Page: 40
Revision Date: --
No Appendix Chapters from the 2019 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.
[Title 16-Chapter 16.28-No Change]
[Title 16-Chapter 16.36-No Change]
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:
9
CHAPTER 16.40: FIRE CODE
Section
16.40.010 Adoption of the 2019 California Fire Code and 2018 International Fire
Code.
16.40.015 Adoption of Appendix Chapters.
16.40.020 Chapter 1 -Administration.
16.40.040 Chapter 2-Definitions.
16.40.060 Chapter 3- General Requirements.
16.40.080 Chapter 5 -Fire Service Features.
16.40.100 Chapter 6-Building Services and Systems.
16.40.120 Chapter 8-Interior Finish, Decorative Materials and Furnishings.
16.40.140 Chapter 9-Fire Protection and Life Safety Systems.
16.40.160 Chapter 11 -Construction Requirements for Existing Buildings.
16.40.180 Chapter 33-Fire Safety During Construction and Demolition.
16.40.200 Chapter 49-Requirements for Wildland-Urban Interface Fire Areas.
16.40.220 Chapter 50-Hazardous Materials-General Provisions.
16.40.240 Chapter 56-General-Explosives and Fireworks.
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16.40.260 Chapter 57—Flammable and Combustible Liquids.
16.40.280 Chapter 58—Flammable Gases and Flammable Cryogenic Fluids.
16.40.300 Chapter 60—Highly Toxic and Toxic Materials.
16.40.320 Chapter 61 —Liquefied Petroleum Gases.
16.40.340 Chapter 64—Pyrophoric Materials.
16.40.010 Adoption of the 2019 California Fire Code and 2018 International Fire
Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019 California
Fire Code and also the 2018 International Fire 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, except such portions as are
hereinafter deleted,modified, added or amended by this ordinance, and is by such
adopted by reference.
B. One (1) copy of each volume 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 2019 California Fire Code are hereby
adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix O: Temporary Haunted Houses, Ghost Walks and Similar Amusement
Uses.
16.40.020 Chapter 1 - Administration.
Add Section 101.3.1 to the 2019 California Fire Code to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City
Council, shall have the authority to delegate any and all responsibility for the
maintenance and enforcement of the provisions of this Code to whichever legal entity
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he feels best serves the interests of the City. {
Wherever the words "Chief," "Fire Marshal, "fire code official," "Fire Department,"
"Fire Prevention Bureau," "Fire Chief," and other such similar words are used, they shall
mean and refer to such legal entity designated by the City Manager of Cupertino under
the authority of the City Council of Cupertino.
Wherever the words"municipality," "jurisdiction," or"city" are used, they shall mean
the City of Cupertino.
Wherever the words "Executive Body" are used, they shall mean the City Council of
Cupertino.
Wherever the words "Administrator" or "Executive" are used, they shall mean the
City Manager of Cupertino.
Wherever the words"District Attorney"or"Corporation Counsel" are used, they shall
mean the City Attorney of Cupertino.
Wherever the words 'Board of Appeal" are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire
safety.
Amend Table 105.6.20 of the 2019 California Fire Code to read as follows:
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.6.16
Corrosive materials:
Gases See Section 105.6.8
Liquids 55 gallons
Solids 500 pounds
Explosive materials See Section 105.6.14
Flammable materials:
Gases See Section 105.6.8
Liquids See Section 105.6.16
Solids 100 pounds
Highly toxic materials:
Gases See Section 105.6.8
Liquids Any Amount
Solids Any Amount
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Moderately toxic materials:
Gases See Section 105.6.8
Other health hazard materials:
Gases See Section 105.6.8
Liquids 55 gallons
Solids 500 pounds
Oxidizing materials:
Gases See Section 105.6.8
Liquids:
Class 4 Any Amount
Class 3 1 gallons
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 H Any Amount
Class III 1 gallon
Class IV 2 gallons
Class V No Permit Required
Solids '
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class IV 20 pounds
Class V No Permit Required
Pyrophoric materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Toxic materials:
Gases See Section 105.6.8
Liquids 10 gallons
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Solids 100 pounds
Unstable (reactive) materials:
Liquids
Class 4 Any Amount
Class 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
Class 1 100 pounds
Water-reactive materials:
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
For SI: 1 gallon=3.785 L,1 pound=0.454 kg.
a. 20 gallons for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard identification
signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less.
b. 200 pounds for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard identification
signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less.
Delete Section 105.6.30 of the 2019 California Fire Code.
Add Section 105.6.52 to the 2019 California Fire Code to read as follows:
105.6.52 Day care facility. An operational permit is required to operate a
business as a day care facility for more than 6 people.
Add Section 105.6.53 to the 2019 California Fire Code to read as follows:
9
f
105.6.53 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
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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.
Add Section 105.6.54 to the 2019 California Fire code to read as follows:
105.6.54 Lithium Batteries.An operational permit is required to collect or store
more than 1,000 pounds (454 kg) of lithium batteries.
Add Section 105.6.55 to the 2019 California Fire Code to read as follows:
105.6.55 Additive Manufacturing. An operational permit is required to
conduct additive manufacturing operations as covered in Section 321.3.
Amend Section 105.7.4 of the 2019 California Fire Code to read as follows:
[A] 105.7.4 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 105.7.5 of the 2019 California Fire Code to read as follows:
[A] 105.7.5 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 105.6.10. Maintenance performed in
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accordance with this code is not considered an alteration and does not require a
construction permit.
Add Section 106.2.1 of the 2019 California Fire Code to read as follows:
106.2.1 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 1
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. l
i
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 $4.00 for each
additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 TO $100,000.00 $630.15 for the first$50,000.00 plus $13.60 for each
additional $1,000.00, or fraction thereof, to and
including$100,000.00
$100,001.00 to$500,000.00 $986.75 for the first$100,000.00 plus $7.00 for each
additional$1,000.00, or fraction thereof, to and
including $500,000.00
$500,001 to$1,000,000.00 $3,228.15 for the first$500,000.00 plus $5.35 for each
i
additional$1,000.00, or fraction thereof, to and
including$1,000,000.00
$1,000,001 and up $5,604.00 for the first$1,000,000.00 plus $4.75 for each
additional$1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at
$120.00 for each occurrence at the discretion of the fire code official.
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Cancelled inspections without advance notice are to be paid at $120.00 for each
occurrence.
Add Section 106.2.2 the 2019 California Fire Code to read as follows:
106.2.2 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 - Annually
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
105.6.47).
Add Section 107.5 to the 2019 California Fire Code to read as follows:
107.5 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.
16.40.040 Chapter 2 - Definitions.
Amend Chapter 2 of the 2019 California Fire Code and 2018 International Fire Code
with the following definitions added:
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3D PRINTER. A machine used in the additive manufacturing process for fabricating
objects through the deposition of a material using a print head, nozzle, or another
printer technology.
ADDITIVE MANUFACTURING. A process of joining materials to make objects
from 3D model data, usually layer upon layer, sometimes referred to as 3D printing.
The Code recognizes two types of additive manufacturing:
1. Industrial additive manufacturing. 3D printing operations that typically utilize
combustible powders or metals, an inert gas supply, a combustible dust
collection system. or that create a hazardous (classified) location area or zone
outside of the equipment.
2. Non-industrial additive manufacturing. 3D printing operations that do create a
hazardous (classified) location area outside of the equipment, and do not utilize
an inert gas supply or a combustible dust collection system.
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action;
2. any liquid having a pH of 2 or less or 12.5 or more;
3. any liquid classified as corrosive by the U.S. Department of Transportation; and
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations§66261.22.
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(LC50)in air more than 2000 parts per million but not more than 5000 parts
per million by volume of gas or vapor, when administered by continuous inhalation for
an hour, or less if death occurs within one hour, to albino rats weighing between 200 and
300 grams each.
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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 4 in accordance with NFPA 704
where a specific function, laboratory procedure or research activity occurs. Approved or
listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas
cabinets serving a workstation are included as part of the workstation. A workstation is
allowed to contain ventilation equipment, fire protection devices, detection devices,
electrical devices, and other processing and scientific equipment.
16.40.060 Chapter 3 - General Requirements.
Add Section 315.8 to the 2019 California Fire Code to read as follows:
315.8 LITHIUM BATTERY STORAGE AND HANDLING
315.8 Lithium Battery Storage and Handling. The storage and handling of
lithium ion and lithium metal batteries or cells in quantities exceeding 1,000 pounds
(4086 kg) shall comply with Section 315.8.1 through 315.8.10, and Chapter 32 where
applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.54.
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1
315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium
batteries stored and handled in a single fire area shall not exceed 9,000 pounds
(4086 kg).
315.8.3 Construction requirements. Fire areas shall be separated from each
other by fire barriers having not less than 2-hour fire resistance rating constructed
in accordance with Section 707 of the Building Code and horizontal assemblies
constructed in accordance with Section 711 of the Building Code.
315.8.4 Number of fire areas. The maximum number of fire areas within a
building shall be four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than
9,000 pounds of lithium batteries per fire area shall be in an approved Group H,
Division 2 occupancy constructed in accordance with the Building Code and
provided throughout with approved automatic smoke detection and radiant-
energy detection systems.
315.8.6 Automatic sprinkler system. Buildings containing fire areas used for
lithium battery storage or handling shall be equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1. The
design of the sprinkler system within each fire area shall not be less than that
required for Extra Hazard Group 2 with a minimum design area of 2,500 square
feet. Where the storage arrangement is required by other provisions of this code
to be provided with a higher level of sprinkler system protection, the.higher level
of sprinkler system protection shall be provided.
315.8.7 Automatic smoke detection system. An approved automatic smoke
detection system that activates an approved occupant notification system shall be
provided throughout each fire area in accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection
system that activates an approved occupant notification system shall be installed
throughout each fire area in accordance with Section 907.
r
315.8.9 Collection containers. Containers used to collect or store lithium
batteries shall be noncombustible and shall not have an individual capacity
exceeding 30 gallons (113.6 L), or be approved for transportation in accordance I
with the Department of Transportation (DOT).
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is
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315.8.10 Storage configuration. Lithium batteries shall be considered a high-
hazard commodity in accordance with Chapter 32 and where applicable, lithium
battery storage shall comply with Chapter 32 in addition to Section 315.8.
Add Section 316.7 to the 2019 California Fire Code to read as follows:
316.7 Roof guardrails at interior courts.Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of
the guardrail shall not be less than 42 inches in height above the adjacent roof surface
that can be walked on. Intermediate rails shall be designed and spaced such that a 12-
inch diameter sphere cannot pass through.
i
Exception:
Where the roof opening is greater than 600 square feet in area.
Add Section 321 to the 2019 California Fire Code to read as follows:
321.1 General. Additive manufacturing equipment and operations shall comply
with Section 320.
321.1.1 Scope. Additive manufacturing shall comply with one of the
following:
1. Non-industrial additive manufacturing shall comply with Section 321.2.
2. Industrial additive manufacturing shall comply with Section 321.3.
321.1.2 Installation, operation and maintenance. 3D printers and associated
additive manufacturing equipment shall be installed, operated and maintained
in accordance with this Code, the listing and the manufacturer's instructions.
321.1.3 Production materials. Only the production materials listed for use with
the equipment and included in the manufacturer's instructions shall be used.
321.2 Non-industrial additive manufacturing. Non-industrial additive
manufacturing equipment and operations shall comply with Section 321.2.1 through
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321.2.4. Additive manufacturing equipment and operations that do not comply with
Section 321.2 shall comply with Section 321.3.
321.2.1 Listing. 3D printers used in non-industrial additive manufacturing
shall be listed and labeled in accordance with UL 60950-1, UL 62368-1 or UL 2011.
The listing shall also verify:
{
1. The 3D printers are self-contained and utilize maximum 30 liter pre-
packaged production materials.
2. The operation of the 3D printers shall not create a hazardous (classified)
electrical area or outside of the unit.
3. If any hazardous (classified)electrical area or zone exists inside of the unit's
outer enclosure, the area shall be protected by intrinsically safe electrical
construction or other acceptable protection methods.
4. The 3D printers shall not utilize inert gas or an external combustible dust
collection. j
321.2.2 Occupancies. Non-industrial additive manufacturing shall be
permitted in all occupancy groups.
321.3 Industrial, additive manufacturing. Industrial additive manufacturing
equipment and operations shall comply with Section 321.3.1 through 321.3.13.
321.3.1 Permits required. Permits shall be obtained from the fire code official
in accordance with Section 105.6.55 prior to engaging in industrial additive
manufacturing operations.
321.3.2 Listing. 3D printers used in industrial additive manufacturing shall be
listed and labeled in accordance with UL 2011 or approved for the application
based on a field evaluation conducted by an approved agency.
321.3.3 Combustible dusts and metals. Industrial additive manufacturing
operations that store, use or produce combustible dust, combustible particulate
solids or combustible metals shall comply with Chapter 22 and this section.
321.3.4 Powder evaluation. Printing powders used in industrial additive
manufacturing operations shall be tested for combustibility in accordance with
i
NFPA 484 or NFPA 652 as applicable. A copy of test reports shall be provided to
the fire code official upon request.
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321.3.5 Combustible (non-metallic) dusts. Industrial additive manufacturing
that uses operations that store, use or produce combustible (non-metallic) dusts
shall comply with NFPA 654.
321.3.6 Combustible metals. Industrial additive manufacturing operations
that store or use combustible metals shall also comply with NFPA 484.
321.3.7 Ancillary equipment. Ancillary equipment provided for recycling,
sieving, vacuuming or handling combustible powders shall be designed and
approved for such use.
321.3.8 Hazardous materials. Industrial additive manufacturing operations
that store or use hazardous materials exceeding the maximum allowable quantity
limits shall comply with Chapter 50.
321.3.9 Inert Gas. Additive manufacturing processes that utilize inert gases
shall comply with Chapter 53. Ventilation or gas detection shall be provided in
accordance with Section 5307.
321.3.10 Technical assistance.Where required by the fire code official, a report
evaluating the acceptability of technologies, processes, products, facilities,
materials and uses associated with the operation shall be provided in accordance
with 104.7.2 and approved.
321.3.11 Performance based design alternative. Where approved by the fire
code official, buildings and facilities where industrial additive manufacturing is
performed shall be permitted to comply with the performance-based design
options in Section 5001.3 as an alternative to compliance with the other
requirements set forth in this Section.
321.3.12 Occupancies. Industrial additive manufacturing shall only be
conducted in the occupancy groups associated with manufacturing operations.
The occupancy may be required by the fire code official to comply with Chapter
50 maximum allowable quantity tables. Where approved, the requirements in
Sections 321.2.5 and 321.3.6 shall be permitted to provide the technical basis for
determining compliance with Table 5003.1.1(1), footnote q.
321.3.13 Safety Certification.The equipment,process,training procedures and
occupancy associated with industrial additive manufacturing may be required by
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the fire code official to receive a safety certification from Underwriter's Laboratory
or equivalent.
16.40.080 Chapter 5 - Fire Service Features.
Amend Section 503.1 of the 2019 California Fire Code to read as follows: y
1
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 required by the
Fire Department access road Standards.
Amend Section 503.1.1 as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall
be provided for every facility, building or portion of a building hereafter 'JI
constructed or moved into or within the jurisdiction. The fire apparatus access I
road shall comply with the requirements for this section and shall extend to within
150 feet (45 720 mm) of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped
throughout with an approved automatic sprinkler system, installed in
accordance with Sections 903.3.1.1, the dimension may be increased to a
maximum of 300 feet when approved by the fire code official.
2. When there are not more than two Group R-3 or accessory Group U
occupancies, the dimension may be increased to a maximum of 200 feet.
3. When apparatus roads cannot be installed because of topography,
waterways, nonnegotiable grades or other similar conditions, an approved
alternative means of fire protection shall be provided.
Amend Section 503:2.1 of the 2019 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 j
fire department access road standards, except for approved security gates in
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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 2019 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.
f
Adopt Section 504.5 to the 2019 California Fire Code to read as follows:
504.5 Access Control Devices. When access control devices including bars,grates,
gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to 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.
Amend Section 510.1 of the 2019 California Fire Code to read as follows:
510.1 Emergency responder radio coverage in new buildings. Approved radio
coverage for emergency responders shall be provided within all buildings meeting
any one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building
Code Section 202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4.Where required by the fire code official and radio coverage signal strength levels
are not consistent with the minimum levels set forth in Section 510.4.1
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Exceptions:
1. Where approved by the fire code official, a wired communication system in
accordance with Section 907.2.12.2 shall be permitted to be installed or
maintained in lieu of an approved radio coverage system.
2.Where it is determined by the fire code official that the radio coverage system
is not needed.
3. In facilities where emergency responder radio coverage is required and such
systems, components or equipment required could have a negative impact
on the normal operations of that facility, the fire code official shall have the
authority to accept an automatically activated emergency responder radio
coverage system. a
4. Buildings and areas of buildings that have minimum radio coverage signal
strength levels of the Silicon Valley Regional Interoperability Authority
(SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the
building in accordance with Section 510.4.1 without the use of an indoor
radio coverage system.
The radio coverage system shall be installed and maintained in accordance with
Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFPA
1221, Standard for the Installation, Maintenance and Use of Emergency Services
Communications Systems.
The coverage shall be based upon the existing coverage levels of the public safet
y
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety communication systems. tl
Add Section 510.1.1 of the 2019 California Fire Code to read as follows:
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510.1.1 Obstruction by new buildings. No obstruction of the public safety
system backhaul shall be allowed without an approved mitigating plan.
Delete Section 510.2 of the 2019 California Fire Code.
s
Amend Section 510.3 of the 2019 California Fire Code to read as follows:
510.3 Permit required. A construction permit, for the installation of, or
modification of, emergency responder radio coverage systems and related equipment i
is required as specified in Section 105.7.6. Maintenance performed in accordance with
this code is not considered a modification and does not require a permit. A frequency
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change made to an existing system is considered to be new construction and will
require a construction permit
Amend Section 510.4 of the 2019 California Fire Code to read as follows:
510.4 Technical requirements. Systems, components and equipment required to
provide the emergency responder radio coverage system shall comply with the
current Emergency Responders Radio Coverage Systems Standard Details &
Specification enforced by the Santa Clara County Fire Department.
Amend Section 510.4.1.1 of the'2019 California Fire Code to read as
follows:
510.4.1.1 Minimum signal strength into the building. The minimum
inbound signal strength shall be sufficient to provide usable voice
communications throughout the coverage area as specified by the fire code
official. The inbound signal level shall be sufficient to provide not less than a
Delivered Audio Quality (DAQ) of 3.0 for analog communications and DAQ
of 3.4 for digital communications systems or an equivalent Signal-to-
Interference-Plus-Noise Ratio (SINR) applicable to the technology.
Amend Section 510.4.1.2 of the 2019 California Fire Code to read as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum
outbound signal strength shall be sufficient to provide usable voice
communications throughout the coverage area as specified by the fire code
official. The outbound signal level shall be sufficient to provide not less than a
DAQ of 3.0 for analog communications and DAQ of 3.4 for digital
communications systems or an equivalent SINR applicable to the technology.
Amend Section 510.5 of the 2019 California Fire Code to read as follows:
510.5 Installation requirement. The installation of the emergency responder radio
coverage system shall be in accordance with NFPA 1221 and the current Emergency
Responder Radio Coverage Systems Standard Details &Specification enforced by the
Santa Clara County Fire Department.
Amend Section 510.5.1 of the 2019 California Fire Code to read as follows:
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510.5.1 Approval prior to installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the FCC or other
radio licensing authority shall not be installed without prior coordination and
approval of the fire code official and the agency FCC license holder or systems
administrator.
Amend the First Paragraph of Section 510.5.3 of the 2019 California Fire Code
to read as follows:
510.5.3 Acceptance test procedure. Where an emergency responder radio
coverage system is required, and upon completion of installation, the building
owner shall have the radio system tested to verify that two-way coverage on each
floor of the building is not less than 95 percent. Final system acceptance will j
require ERRCS power level and DAQ testing with agency FCC license holder,
systems administrators, or designee.
16.40.100 Chapter 6 -Building Services and Systems.
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SECTION 603 FUEL-FIRED APPLIANCES
Amend Section 603.4.2.1.1 by deleting the exception:
603.4.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired
heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies: and rooftops in other than R-3 occupancies.
y
Add Section 604.12 to the 2019 California Fire Code to read as follows:
604.12 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over-temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
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16.40.120 Chapter 8 - Decorative Vegetation in New and Existing Buildings.
Amend Section 806.1.1 of the 2019 California Fire Code to read as follows:
806.1.1 Restricted occupancies. The display of natural cut 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 806.4.
16.40.140 Chapter 9 -Automatic sprinkler systems.
Amend Section 901.6.3 of the 2019 California Fire Code to read as follows:
901.6.3 Records. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a
minimum of five years. Inspections and tests performed on fire alarm systems
shall be documented on NFPA 72 forms.
Amend Section 903.2 of the 2019 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 903.2.18 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 not be utilized as a means of area reduction for the purposes
of circumventing automatic fire sprinkler system installation requirement.
1. An approved 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.
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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:
i. Noncombustible construction
ii. Maximum building area not to exceed 5,000 square feet
iii. Structure is open on three (3) or more sides
iv. Minimum of 10 feet separation from existing buildings unless area is
separated by fire walls complying with CBC 706.
1
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 903.2.18.
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 does not total
more than 1,000 square feet of building area.
4. An automatics sprinkler
p system shall be provided throughout all new basements
regardless of size and throughout existing basements that are expanded by more than
50%.
{
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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 safety'or increased fire risk2,shall require the installation of an approved automatic
fire sprinkler system.
' Life Safety-Increased occupant load, public assembly areas, public meeting areas,
churches,indoor amusement attractions,buildings with complex exiting systems due
to increased occupant loads, large schools/day-care facilities, large residential care
facilities with non-ambulatory;
2 Fire Risks - High-piled combustible storage, woodworking operations, hazardous
operations using hazardous materials, increased fuel loads (storage of moderate to
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highly combustible materials), increased sources of ignition (welding, automotive
repair with the use of flammable liquids and open flames).
Amend Section 903.2.18 of the 2019 California Fire Code to delete the
Exception:
Amend Section 909.20.1 of the 2019 California Fire Code to read as follows:
909.20.1 Schedule. A routine maintenance and operational testing program
shall be initiated immediately after the smoke control system has passed the
acceptance tests. A written schedule for routine maintenance and operational
testing shall be established and both shall occur at least annually.
16.40.160 Chapter 11 - Construction Requirements for Existing Buildings.
Delete Chapter 11 of the 2018 International Fire Code in its entirety.
16.40.180 Chapter 33 -Fire Safety During Construction and Demolition.
Add Section 3304.9 to the 2019 California Fire Code to read as follows:
3304.9 Fire Walls. When firewalls are required in combustible construction, 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).
Amend Section 3311.1 of the 2019 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. 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.).
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Adopt Section 3511.1.1 of the 2019 California Fire Code to read as follows:
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 3308.3.
16.40.200 Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas.
Amend Section 4902 of the 2019 California Fire Code with the following definition
amended:
Wildland-Urban Interface Fire Area. A geographical area identified by the state as a j
"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.
Amend Section 4906.2 of the 2019 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
�I
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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.
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Amend Section 4907.1 of the 2019 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
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5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
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 s
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). j
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 2019 California Fire Code to read as follows:
1
9
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 1
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.
Adopt Section 4908 of the 2019 California Fire Code to read as follows:
4908.1 General. When required by the code official, a fire protection plan shall be
prepared.
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4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment
that includes considerations of location, topography, aspect, flammable vegetation,
climatic conditions and fire history.The plan shall address water supply, access,building
ignition and fire-resistance factors, fire protection systems and equipment, defensible
space and vegetation management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code
official.
Adopt Section 4909 of the 2019 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.
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Adopt Section 4910 of the 2019 California Fire Code to read as follows:
i
4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban
Interface Fire Area.
16.40.220 Chapter 50 - Hazardous Materials — General Provisions.
Amend Section 5001.2.2.2 of the 2019 California Fire Code to read as
follows:
5001.2.2.2 Health Hazards The material categories listed in this section are 1
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.
Add Section 5001.5.3 to the 2019 California Fire Code to read as follows:
5001.5.3 Hazardous materials business plan (HMBP). Where required b the
P q Y
fire code official, facilities shall submit a Hazardous Materials Business Plan j
(HMBP) as required by California Health & Safety Code (HSC), Chapter 6.95, {
Sections 25500 through 25545, and Title 19,Division 2, Chapter 4. The HMBP shall
be electronically submitted in accordance with the fire code official's requested
timeframe and no less frequently than is required by the HSC.
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Add Section 5003.1.3.1 to the 2019 California Fire Code to read as follows:
j
5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic Gases and Similarly Used
or Handled Materials. The storage, use and handling of highly toxic, toxic and
moderately toxic gases in amounts exceeding Table 6004.2.1.4 shall be in
accordance with this chapter and Chapter 60.Any highly toxic,toxic or moderately
toxic material that is used or handled as a gas or vapor shall be in accordance with
the requirements for highly toxic, toxic or moderately toxic gases.
i
Add Section 5003.1.5 to the 2019 California Fire Code to read as follows:
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5003.1.5 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.
Add Section 5003.1.6 to the 2019 California Fire Code to read as follows:
5003.1.6 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 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 2019 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 A13.1 and the
Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe
emergency shutoff valves shall be installed on supply piping and tubing at the following
locations:
1. The point of use.
2. The tank, cylinder or bulk use.
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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
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig) (103 Kpa), an approved means of leak detection 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 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 f
corrosive gases above threshold quantities listed in Tables 6004.2.1.4. 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
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Revision Date: --
protection for piping and instrumentation and to accommodate the expansion of
regulated materials.
Amend Section 5003.2.2.2 of the 2019 California Fire Code to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health'Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections throughout
except for connections within an exhausted enclosure if the material is a gas, or an
approved method of drainage or containment is provided for connections if the material
is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a
means of egress required to be enclosed in fire-resistance-rated construction or in
concealed spaces in areas not classified as Group H Occupancies.
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 415.11 of the California Building Code for H-
5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing
in accordance with an approved, nationally recognized standard. Tests shall be
conducted by a qualified "third party" not involved with the construction of the piping
and control systems.
Amend Section 5003.3.1 of the 2019 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 2019 California Fire Code to read as follows:
Council Agenda: November 5,2019
Page: 70
Revision Date: --
5003.5.2 Ventilation Ducting. Ducts 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 2019 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.
a
Adopt Sec. 5003.9.11 of the 2019 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, 5003.10.4.1, 5003.10.4.2, 5003.10.4.3, 5003.10.4.4 of the 2019
California Fire Code to read:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other
passengers other than in the individual(s) handling the chemical transport cart.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity
of 20 liters (5.28 gal).
5003.10.4.3 Highly toxic , toxic and moderately toxic 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.
Council Agenda: November 5,2019
Page: 71
Revision Date: --
Amend Section 5004.2.1 of the 2019 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 and outdoor locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible
with the material stored. When liquid-tight sills or dikes are provided, they are not
required at perimeter openings having an open-grate trench across the opening that
connects to an approved collection system.
Amend Section 5004.2.2.2 of the 2019 California Fire Code to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from
each other in independent secondary containment systems.
Amend Section 5004.2.3 of the 2019 California Fire Code 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.
Council Agenda: November 5,2019
Page: 72
Revision Date: --
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.
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16.40.240 Chapter 56- General-Explosives and Fireworks.
I
Amend Section 5601.1.3 of the 2019 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: The use of fireworks for firework displays as allowed in Section 5608.
16.40.260 Chapter 57- Flammable and Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2019 California Fire Code to delete
Exception and to read as follows:
5704.2.7.5.8 Overfill Prevention.
t on. 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 J
plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill
protection in accordance with API 2350.
Exception: Deleted
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An approved means or method in accordance with Section 5704.2.9.7.5 shall
be provided to prevent the overfilling of Class IIIB liquid storage tanks
connected to fuel-burning equipment inside buildings.
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Council Agenda: November 5,2019
Page: 73
Revision Date: --
Adopt Section 5704.2.7.5.9 of the 2019 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.
I
Amend Section 5704.2.9.6.1 of the 2019 California Fire Code as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage
of Class I and II liquids in above-ground tanks outside of buildings is
prohibited in all locations of the City of Cupertino which are residential or
congested commercial areas as determined by the fire code official.
Amend Section 5706.2.4.4 of the 2019 California Fire Code as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited.Storage of
Class I and II liquids in above-ground tanks outside of buildings is prohibited
in all locations of the City of Cupertino which are residential or congested
commercial areas as determined by the fire code official.
Amend section 5707.3.3 of the 2019 California Fire Code as follows:
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 and 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 kept on the site property; and the scale of the site plan.
16.40.280 Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids.
Council Agenda: November 5,2019
Page: 74
Revision Date: --
Amend Section 5806.2 of the 2019 California Fire Code as follows:
5806.2 (imitations.Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited in all locations of the City of Cupertino which are
residential or congested commercial areas as determined by the fire code official.
Amend Section 5809.3.4 of the 2019 California Fire Code as follows:
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall
be developed for each location at which mobile gaseous hydrogen 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 and function, and the
scale of the site plan.
16.40.300 Chapter 60 - Highly Toxic and Toxic Materials.
Amend Section 6001.1 of the 2019 California Fire Code to read as follows:
6001.1 Scope. The storage and use of highly toxic, toxic and moderately
Toxic materials shall comply with this chapter. Compressed gases shall also
comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies
complying with Section 5003.11.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and
materials intended for use in weed abatement,erosion control, soil
amendment or similar applications when applied in accordance
with the manufacturer
I
s instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal
Hazardous Materials Transportation Act and regulations
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thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by
the U.S. Environ- mental Protection Agency to be utilized.in and
around the home, garden, pool, spa and patio.
Council Agenda: November 5,2019
Page: 75
Revision Date: --
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Amend Section 6004.1 of the 2019 California Fire Code to read as follows:
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic
compressed gases shall comply with this section.
Amend Section 6004.1.1, 6004.1.1.1, 6004.1.1.2, 6004.1.1.3 of the 2019 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 compressed 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. Highly toxic, toxic and moderately
toxic compressed 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. Highly toxic, toxic and moderately toxic
compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and
moderately toxic compressed gases shall not be stored or used in offices, retail
sales or classroom portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity
not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or
fume hoods.
Amend Section 6004.2 of the 2019 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
6004.2.4.
Amend Section 6004.2.1 of the 2019 California Fire Code to read as follows:
Council Agenda: November 5,2019
Page: 76
Revision Date: --
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 6004.2.1.4.
Adopt Section 6004.2.1.4 of the 2019 California Fire Code to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not
exceeding the maximum allowable per control area. The indoor storage or use
of highly toxic, toxic and moderately toxic gases in amounts not exceeding the
minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not
exceeding maximum allowable quantity per control area set forth in Table
5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.1 and
600.4.4.
Add Table 6004.2.1.4 to the 2019 California Fire Code to read as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic
Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Add Section 6004.4 to the 2019 California Fire Code to read as follows:
6004.4 General indoor requirements. The general requirements applicable to the
indoor storage and use of highly toxic, toxic and moderately toxic compressed gases
shall be in accordance with Sections 6004.4 through 6004.4.8.2.
Add Section 6004.4.1 to the 2019 California Fire Code to read as follows:
6004.4.1 Cylinder and tank location. Cylinders shall be located within
gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks
shall be located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
Council Agenda: November 5,2019
Page: 77
Revision Date: --
Add Section 6004.4.2 to the 2019 California Fire Code to read as follows:
6004.4.2.Ventilated areas.The room or area in which gas cabinets or exhausted
enclosures are located shall be provided with exhaust ventilation. Gas cabinets or
exhausted enclosures shall not be used as the sole means of exhaust for any room
or area.
Add Section 6004.4.3 to the 2019 California Fire Code to read as follows:
6004.4.3. Piping and controls. In addition to the requirements of Section
5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders
shall comply with the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided
with a means of excess flow control on all tank and cylinder inlet or outlet
connections.
I
Exceptions:
1. Inlet connections designed to prevent backflow.
�
2. Pressure relief devices.
Add Section 6004.4.4 to the 2019 California Fire Code to read as follows:
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both
of the following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust
system.
2. Gas rooms shall be equipped with an approved automatic sprinkler
system. Alternative fire-extinguishing systems shall not be used.
Add Section 6004.4.5 to the 2019 California Fire Code to read as follows:
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets,
exhausted enclosures and gas rooms,required in Section 6004.4.1 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
Council Agenda: November 5,2019
Page: 78
Revision Date: --
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 {
1
is not required for cylinders, containers and tanks in storage where all of the
following controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs 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.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are
not required for highly toxic, toxic, and moderately toxic gases supplied by
stationary tanks, portable tanks, or cylinders where a gas detection system
complying with Section 6004.4.8 and listed or approved automatic-closing fail-
safe valves are provided.The gas detection system shall have a sensing interval
not exceeding 5 minutes. Automatic-closing fail- safe valves shall be located
immediately adjacent to cylinder valves and shall close when gas is detected at
the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust
system at the point of discharge from the gas cabinet, exhausted enclosure,
ventilated enclosure or gas room.
Add Section 6004.4.5.1 to the 2019 California Fire Code to read as follows:
i
6004.4.5.1. Design. Treatment systems shall be capable of diluting,
adsorbing, absorbing, containing, neutralizing, burning or otherwise
processing the contents of the largest single vessel of compressed gas.Where a
total containment system is used, the system shall be designed to handle the
maximum anticipated pressure of release to the system when it reaches
equilibrium.
Add Section 6004.4.5.2 to the 2019 California Fire Code to read as follows:
i
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6064.4.5.2.Performance. Treatment systems shall be designed to reduce the
maximum allowable dis- charge concentrations of the gas to one-half
immediate by dangerous to life and health (IDLH) at the point of discharge to j
Council Agenda: November 5,2019
Page: 79 j
Revision Date: -- j
the atmosphere. Where more than one gas is emitted to the treatment system,
the treatment system shall be designed to handle the worst-case release based
on the release rate, the quantity and the IDLH for all compressed gases stored
or used.
Add Section 6004.4.5.3 to the 2019 California Fire Code to read as follows:
6004.4.5.3. Sizing. Treatment systems shall be sized to process the
maximum worst-case release of gas based on the maximum flow rate of
release from the largest vessel utilized. The entire contents of the largest
compressed gas vessel shall be considered. '
Add Section 6004.4.5.4 to the 2019 California Fire Code to read as follows:
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the
maximum rate of release for the compressed gas contained based on valves or
fittings that are inserted directly into the tank.Where multiple valves or fittings
are provided, the maximum flow rate of release for valves or fittings with the
highest flow rate shall be indicated. Where liquefied compressed gases are in
contact with valves or fittings, the liquid flow rate shall be utilized for
computation purposes. Flow rates indicated on the label shall be converted to
cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and
pressure (NTP).
Add Section 6004.4.5.5 to the 2019 California Fire Code to read as follows:
6004.4.5.5 Portable tanks and cylinders.The maximum flow rate of release
for portable tanks and cylinders shall be calculated based on the total release
from the cylinder or tank within the time specified in Table 6004.2.2.7.5.Where
portable tanks or cylinders are equipped with approved excess flow or reduced
flow valves, the worst-case release shall be determined by the maximum
achievable flow from the valve as determined by the valve manufacturer or
compressed gas supplier. Reduced flow and excess flow valves shall be
permanently marked by the valve manufacturer to indicate the maximum
design flow rate. Such markings shall indicate the flow rate for air under
normal temperature and pressure.
Add Section 6004.4.6 to the 2019 California Fire Code to read as follows:
Council Agenda: November 5,2019
Page: 80
Revision Date: --
6004.4.6. Emergency power. Emergency power shall be provided for the
following systems in accordance with Section 604:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
i
Add Section 6004.4.6.1 of the 2019 California Fire Code to read as follows:
I
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for j
a
mechanical exhaust ventilation and treatment systems where approved fail- 1
safe systems are installed and designed to stop gas flow.
Add Section 6004.4.7 of the 2019 California Fire Code to read as follows:
{
6004.4.7 Automatic fire detection system. An approved automatic fire
detection system shall be installed in rooms or areas where highly toxic, toxic, and
moderately toxic compressed gases are stored or used. Activation of the detection
system shall sound a local alarm. The fire detection system shall comply with
Section 907.
Add Section 6004.4.8 of the 2019 California Fire Code to read as follows:
6004.4.8. Gas detection system. A gas detection system complying with
Section 916 shall be provided to detect the presence of gas at or below the PEL or
ceiling limit of the gas for which detection is provided.
i
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic
gases when the physiological warning threshold level for the gas is at a .
level below the accepted PEL for the gas.
2. A gas detection system is not required for highly toxic, toxic, and
moderately toxic gases where cylinders, portable tanks, and all non-
continuously welded connects are within a gas cabinet or exhausted
enclosures.
Council Agenda: November 5,2019
Page: 81
Revision Date: --
Add Section 6004.4.8.1 of the 2019 California Fire Code to read as follows:
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm
and transmit a signal to an approved location.
Add Section 6004.4.8.2 of the 2019 California Fire Code to read as follows:
6004.4.8.2. Shut off of gas supply. The gas detection system shall
automatically close the shut off valve at the source on gas supply piping and
tubing related to the system being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic,
and moderately toxic compressed gas systems where all of the following
controls are provided:
1. Constantly attended/supervised.
2. Provided with emergency shutoff valves that have ready access.
16.40.320 Chapter 61 — Liquefied Petroleum Gases.
Amend Section 6104.2 of the 2019 California Fire Code as follows:
6104.2 Maximum capacity within established limits.Within the limits established
by law restricting the storage of liquefied petroleum gas for the protection of heavily
populated or congested areas, the aggregate capacity of any one installation shall not
exceed a water capacity of 2,000 gallons (7,570 L) in all locations of the City of
Cupertino which are residential or congested commercial areas as determined by the
fire code official.
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 LPG containers may be
approved by the fire code official on a case by case basis.
16.40.340 Chapter 64 —Pyrophoric Materials.
Add Section 6405.3.1 to the 2019 California Fire Code to read as follows:
Council Agenda: November 5,2019
Page: 82
Revision Date: --
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
Chapter 16.54 of Title 16 of the Cupertino Municipal Code is hereby repealed in its
entirety and replaced with the following Chapter 16.54 to be entitled, numbered,
and to read as follows:
i
CHAPTER 16.54: ENERGY CODE
Section a
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16.54.010 Adoption of the 2019 California Energy Code.
16.54.010 Adoption of the 2019 California Energy Code.
A. The provisions of the 2019 California Energy Code and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in
this chapter, except such portions as are hereinafter deleted,modified or amended
by this ordinance, and is by such adopted by reference.
B. One 1 co of the code therefore is on file in the office of the Building
O copy ding Official �
pursuant to Health and Safety Code Section 18942 and are made available for
public inspection.
[Title 16 - Chapter 16.56 - No Change] I
Amend Chapter 16.58.010 of the Cupertino Municipal Code to read as follows:
16.58.010 Adoption of the 2019 California Green Building Standards Code.
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Council Agenda: November 5,2019
Page: 83
Revision Date: --
A. The provisions of the 2019 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, except such portions as are hereinafter
deleted, modified or amended by this ordinance, and is by such adopted by
reference.
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 is made available for public
inspection.
Amend Chapter 16.58.015 of the 2019 California Green Building Standards Code
to read as follows:
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2019 California Green Building Standards Code have
been adopted.
Amend Chapter 16.58.040 of the 2019 California Green Building Standards Code
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 2019 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.
Amend Chapter 16.58.100 of the 2019 California Green Building Standards Code
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,
Council Agenda: November 5,2019
Page: 84
Revision Date: --
additions, renovations and tenant improvements subject to requirements in Table 101.10
shall comply with the mandatory measures of the 2019 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.
[Title 16- Chapter 16.60 - No Change]
Add Chapter 16.62 to be entitled, numbered, and to read as follows:
CHAPTER 16.62: HISTORICAL BUILDING CODE
Section
16.62.010 Adoption of the 2019 California Historical Building Code.
16.62.010 Adoption of the 2019 California Historical Building Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019
California Historical Building 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, except such portions as are hereinafter
deleted, modified or amended by this ordinance, and is by such adopted by
reference.
1
B. One (1) copy of each volume of the code therefore is on file in the office of the
BuildingOfficial pursuant to Health and Safe Code Section 18942 p Safety and are
made available for public inspection.
i
Add Chapter 16.64 to be entitled, numbered and to read as follows:
i
CHAPTER 16.64: EXISTING BUILDING CODE
Section
16.64.010 Adoption of the 2019 California Existing Building Code.
Council Agenda: November 5,2019
Page: 85
Revision Date: --
16.64.010 Adoption of the 2019 California Existing Building Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019 California
Existing Building 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, except such portions as are hereinafter deleted, modified
or amended by this ordinance, and is by such adopted by reference.
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.
Add Chapter 16.68 to be entitled, numbered, and to read as follows:
CHAPTER 16.68: REFERENCED STANDARDS CODE
Section
16.68.010 Adoption of the 2019 California Referenced Standards Code.
16.68.010 Adoption of the 2019 California Referenced Standards Code.
A. Except as otherwise provided in this chapter, the provisions of the 2019 California
Referenced Standards 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, except such portions as are hereinafter deleted, modified
or amended by this ordinance, and is by such adopted by reference.
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.
[Title 16- Chapter 16.70-No Change]
[Title 16- Chapter 16.72-No Change]
[Title 16-Chapter 16.74-No Change]
[Title 16- Chapter 16.80-No Change]
Council Agenda: November 5,2019
Page: 86
Revision Date: --
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Council Agenda: November 5,2019
Page: 87
Revision Date: --
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
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. 19-2189, which was
enacted on November 5, 2019, 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 l ay of November, 2019.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California