2022 S-89 SupplementCUPERTINO, CALIFORNIA
Instruction Sheet
2022 S-89 Supplement
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Title Page Title Page
TITLE 16: BUILDmGS AND CONSTRUCTION
1 through 14B
31 through 40
45 through 78
91 through 92B
94A through 94J
96A through 96F
1 through 14
31 through 40
45 through 78
91, 92
94A through 94L
96A through 96F
COMPREHENSIVE ORDINANCE LIST
47, 48 47, 48
INDEX
5 tmough 6B
9 through 12
25, i6
17, 18
23 through 26
31, 32
5 through 6B
9 through 12
15, 26
17, 18
23 through 26
31, 32
PMcA
11 /2022
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-89 Supplement contains:
Local legislation current through Ordinance 22-2245, passed 11-1-2022
I
I
COPYRIGHT @ 2022
AMERICAN LEGAL PUBLISHING CORPORATION
TITLE 16: BaDINGS AND CONSTRUCTION
2022 S-89
Chapter
I /. !Y)
16.04
16.06
16.08
Illi
llJ.lA
16.16
16.20
16.24
16.28
16.32
16.36
16.40
16.42
16.52
16.54
16.56
16.58
16.60
16,62
16.64
i6.68
16.70
16.72
16.74
16.80
Building Code
Residential Code
Excavations, Grading and Retaining Walls
Spil5 3ilg F01lIlaa[10nS - S'apaiX'lsxOIls
Electrical Code
Plumbing Code
Mechanical Code
Expedited Permit Process for Small Rooftop Solar Systems and
Electric Vehicle Charging Systems
Local Sustainability Requirements for Newly Constructed Buildings
Relocation of Buildings
Fire Code
Property Maintenance Code
Prevention of Flood Damage
Energy Code
Uniform Housing Code Adopted
Green Building Stanaards Code
Building Conservation Code Adopted
Historieal Building Code
Existing Building Code
Referenced Standards Code
Uniform Code for the Abatement of Dangerous Buildings Code Adopted
Recycling and Diversion of Construction and Demolition Waste
Wildland Urban Interface Fire Area
Safety Assessment Placards
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Cupertino - Buildings and Construction 2
16.02
CHAPTER 16.02: ADfflSTRATIVE CODE
A. The provisions of the 2022 California Admjnistrative Code 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, and are by such reference adopted,
B. One(1)copyofthecodethereforisonfileintheofficeoftheBuildingOfficialpursuanttoHealthandSafetyCode
Section 18942 and is made available for public inspection. (Ord. 22-2245, part, 2022)
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2022 S-89
Cupertino - Buildings and Construction 4
2022 S-89
16.04.010
CHAPTER 16,04: BUILDING CODE
Section
16.04.010
16.04.015
16.04.040
16.04.050
16.04.060
16.04.070
16.04.080
i6.04.090
16.04. 100
16.04.110
16.04. 120
16.04. 130
16.04.220
16.04.240
16.04.260
16.04.300
16.04.320
16.04.340
16.04.360
16.04.380
Adoption of the 2022 California
Building Code, Volumes 1 and 2,
based on the 2021 International
Building Code, Volumes 1 and 2.
Adoption of Appendix Chapters.
Section 104 - Duties and Powers of
Building Official.
Section 105 - Permits.
SeCj!On 107 - CO-uSt-iuCtiO-u
Documents.
Responsibility of permittee.
Section 109 - Fees.
Section liO - Inspections.
Section Ill - Certificate of
occupancy.
Section 113 - Means of Appeals.
Section 114 - Violations.
Section 115 - Stop work order.
Chapter 5 - General Building Heights
and Areas,
Chapter 7A - Materials and
Construction Methods for Exterior
Wildfire Exposure.
Chapter 9 - Fire Protection and Life
Safety Systems.
Chapter 15 - Roof Assemblies and
Rooftop Structures.
Chapter 17 - Special Insp ection and
Tests.
Chapter 19 - Concrete.
Chapter 23 - Wood.
Section 3109 - Swimming Pool
Enclosures and Safety Devices.
16.04.010 Adoption of the 2022 California
Building Code, Volumes 1 and 2, based
on the 2021 International Building
Code, Volumes I and 2.
A, Except as otherwise provided in this chapter, the
provisions of the 2022 California Building Code, Volumes
1 and 2 inclusive, and specified Appendices and each and all
of the regulations, provisions, conditions and terms of the
cede arc rcfcrred tc as tf foally set forth uy tlus chapter,
except such portions as are hereinafter deleted, modified or
amended by this ordinance, and are by such adopted by
reference.
tjlltI' (lj k:lJpJ Ul C;dLu VlJlulllC Ul Lli(; LLlut; ui(;it;it)i
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. (Ord. 22-2245, part, 2022; Ord.
19-2189, E) 1 (part), 2019)
16.04.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022
California Building Code are hereby adopted.
Appendix C: Group U - Agricultural Buildings;
Appendix F: Rodentproofing;
Appendix G: Flood-Resistant Construction;
Appendix I: Patio Covers.
Colifornia Code Part 8: 2022 California Historical
Building Code;
California Code Part 10: 2022 California Existing
Building Code;
California Code Part 12: 2022 California Referenced
Standards Code (Ord. 22-2245, part, 2022; Ord. 19-2189,
§ 1 (part), 2019)
16.04.040 Section 104 - Duties and Powers of
Building Official.
Amend and Adopt Section [A] 104 of the 2022
California Building Code as follows:
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2022 S-89
16.04.040 Cupertino - Buildings and Construction 6
[A] 104.1 General. The Building Official is hereby
authorized and directed to enforce the provisions of this
title. The Building Official shall have the authority to
render interpretations of the codes identified in this title and
to adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and
purpose for each code. Such policies and procedures shall
not have the effect of waiving requirements specifically
provided for in the code.
[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
far reCOnSfruCf!On, rehabilitaticri, repazr, alteratsC)Il,
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 or
Section R322 of the California Residential Code, as
applicable.
[A] i04.3 Notices and orders. The Building Official
shall issue all necessary notices or orders to cnsure
compliance with this code.
[A] 104.4 hispections. 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 tecmical issues that arise, subject to the
approval of the appointing authority.
[A] 104.5 Identification. The Building Official shall
carry proper identification when inspecting structures or
premises in the performance of duties under this code.
[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, proyided that if such structure
or premises be occupied that credentials be presented to the
occupant and entry requested. If such stnicture 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.
[A] Ir),,y n epartment 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
:,p, the official reccrds far t!ie period reqiiirerl fnr retentinn
of public records.
[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
personalIiy 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.
[Al 104.8.1 Legal defense. -Any suit or criminal
con'iplaint instituted against an officer or employee
because of an act performea -by ttiat 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 !iable for cost in any
action, suit or proceeding that is instituted inpursuance
of the provisions of this code.
[A] 104.9 Approved materials and equipment.
Materials, equipment and devices approyed by the Building
Official shall be constnicted and installed in accordance with
such approval.
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2022 S-89
7 Building Code 16.04.040
[A] 104.9.1 Used materials and equipment. The
use of used materials which meet the requirements of
this code for new materials is permitted. Used
equipment and devices shall not be reused unless
approved by the Building Official.
[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 ii-r the FILES Of the depar(mCnt.
[A] 104.11 Alternative materials, design and
methods of construction and equipment. The provisions
of this coae are not ii-rtendea to pre'Ve-ut the instaliaticri cf
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 alternative meets all of the following:
1. The alternative material, design or method of
construction is satisfactory and complies with the intent of
the provisions of this code,
2. The material, method or work offered is, for the
purpose intended, not less than the equivalent of that
prescribed in this code as it pertains to the following:
2. 1. Quality.
2.2. Strength.
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability,
2.6. 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 alternatiye
was not approved.
[A] l04.lLIResearchreports. Supportingdata,
where necessary to aSsist in the approval of materials
or assemblies not specifically provided for inthis code,
shall consist of valid research reports from approved
sources.
[A] 104.11.2 Tests. Whenever there is
insufficient evidence of compliance withthe 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. Inthe absence of recognized
and accepted test methods, the building official shall
approve the testing procedures. Tests shall be
performed by an approved agency. Reports of such
tests shall be retained by the building official for at
least the period required for retention of public
records. (Ord. 22-2245, pan, 2022)
46,04,05rJ 5(4(;ii@B i05 - ppiymiig,
Adopt Section [A] 105 of the 2022 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
stnicture, 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.
[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 shaIl not be
required for the following:
Building:
1 , One-story detached accessory struchires used as
tool and storage sheds, playhouses and similar
uses, prosiided the floor area is not greater than
120 square feet (If m2). It is permissible that
these structures still be regulated by Section
710A, despite exemption from permit.
2 . Fences not oyer 7 feet (2134 mrn) 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.
2022 S-89
16.04.050 Cupertino - Buildings and Construction 8
5. Water tanks supported directly on grade if the
capacity is not greater than 5,000 gallons (18,925
L) and the ratio of height to diameter or width is
not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches
(762 rum) above adjacent grade, and not over any
basement or story below and are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets,
counter tops and similar finish work.
8. Temporary motion picture, television and theater
stage sets and scenery.
9. Prefabricated swimming pools accessory to a
group R-3 occupancy that are less than 24 inches
(610 mm) deep, are not greater than 5,000
gallons (18,925 L) and are installed entirely
about ground.
iO. Shade clot'i stractares censtructcd far r+ursery ar
agricultural purposes, not including service
systems.
11. Swing and other playground equipment accessory
to aetachea one- ana tw04airiily dwelliu-gs.
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 mrn) in height.
Electrical:
Repairs and niaintenance: Minor repair work,
including the replacement of larrips 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
cquipment 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 aixy temporary system
required for the testing or servicing of electrical
equipment or apparatus.
Portable heating appliance.
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.
Portable evapora'ave cooler.
Self-contained refrigeration system containing 10
pounds (4.54 kg) or less of refrigerant and
actuated by motors of 1 horsepower (0. 75 kW) or
less.
Plumbing:
1. The stopping of leaks in drains, water, soil,
xtaste Or vent pipe, prcvi4ed, howeyer, 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 raaterial, S'aCh vvcrk Shall be c()I'sidered 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 yalves, pipes or fixtures.
[A] 105-.2.1 E:-mergency repairs. Where
equipmentreplacements and repairs must be performed
in an emergency situation, the permit application shall
be submitted within the next working business day to
the building official.
[A] 105.3 Application for permit. To obtain a permit,
the applicant shall first file an application therefor in writing
on a form furnished by the City for that purpose. Such
application shall:
1. Identify and describe the work to be covered by
the permit for which application is made.
2. Describe the land on which the proposed work is
to be done by legal description, street address or
similar description that will readily identify and
definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the
proposed work is intended.
4. Be accompanied by construction documents and
other information as required in Section 107.
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2022 S-89
9 Building Code 16.04.050
7.
State the valuation of the proposed work.
Be signed by the applicant, or the applicant's
authorized agent,
Give such other data and information as required
by the building official.
[A] 105.3.1 Action on application. The building
official shall examine or cause to be examined
applications for permits and amendments thereto within
a reasonable time 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.
[A] 105.3.2 Time litnitation of application. An
application for a permit for any proposed work shall be
i'eerneu to have 5eeil a5anaOned 180 DADS :aftCT tFie daie
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.
[Al 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
proyisions of this code or other ordinances of the jurisdiction
shall not be valid. Tlie 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
struchire where in violation of this code or of any other
ordinances of this jurisdiction.
[4] 105.5 Expiration. On or after January 1, 2019,
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.
[A] 105.6 Suspension or revocation. The Building
Official is authorized to suspend or revoke a permit issued
under the proyisions 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.
[4] 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. (Ord. 22-2245, part,
2022)
16.04.060 Section 107 - Construction Documents.
Adopt Section [A] 107 of the 2022 California Building
Code as follows:
[A] lri7,1 G=eral. Submittal doc.umenfs consisting of
construction documents, statement of special inspections,
geotechnical report and other data shall be submitted in
digitalformatwitheachpermitapplication. Theconstruction
dccpri,ept shall be prepared 5y g y5gi5j(y(d de5i.,on
professional where required by the building official. Where
special conditions exist, the building official is authorized to
require additional construction dociunents to be prepared by
a registered design professional.
Exception: The building official is authorized to waive
the submission of construction documents and other
data not required to be prepared by a registered design
professional if it is found rhat ffie nature of the vvork
applied for is such that the review of construction
documents is not necessary to obtain compliance with
this cpde,
[A] 107.2 Construction documents. Construction
documents shall be in accordance with Sections 107.2.1
through 107.2.8,
[A] I07.2.1 hiformation on Construction
Documents Constniction documents shall be
dimensioned and drawn on suitable material.
Electronic media documents are permitted to be
subinitted where approved by the building official.
Construction documents shall be of sufficient clarity to
indicate the location, nature and extent of the work
proposed and show in detail that it will conform to the
provisions of this code and relevant laws, ordinances,
niles and regulations, as determined by the building
official.
2022 S-89
16.04.060 Cupertino - Buildings and Construction 10
[A] 107.2.2 Fire Protection System Shop
Drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate conformance to
this code and the construction documents and shall be
approved prior to the start of system installation. Shop
drawings shall contain all information as required by
the referenced installation standards in Chapter 9.
[A] 107.2.3 Means of Egress. The construction
documents shall show in sufficient detail the location,
construction, size and character of all portions of the
means of egress including the path of the exit discharge
to the public way in compliance with the proyisions of
this code. In other than occupancies in Groups R-2,
R-3, and I-1, the construction documents shall
designate the number of occupants to be
accommodated on every floor, and in all rooms and
spaCeS.
[A] 107.2.4 Exterior Wall Envelope.
Construction documents for all buildings shall describe
tlle ex-jerior Wall envelcpe in svfficiert dctai2 tc
deterinine compliance with this code. The construction
documents shall provide details of the exterior waIl
envelope as required, including flashing, intersections
with dissimilar materials, corners, end details, control
joints, intersections at roof, eaves or parapets, means
of drainage, water-resistive membrane and details
around openings.
The construction documents shall include
manufacturer's installation instructions that provide
supportingdocumentationthatthe proposed penetration
and opening details described in the constniction
documents maintain the weather resistance of the
exterior wall envelope. The supporting documentation
shall fully describe the exterior waIl system that was
tested, where applicable, as well as the test procedure
used.
[A] 107.2.5 Exterior Balconies and Elevated
Walking Surfaces. Where balconies or other elevated
walking surfaces are exposed to mtcr from direct or
blowing rain, snow, or irrigation, and the structural
framing is protected by an impervious moisture
barrier, the constniction documents shall include
details for all elements of the impervious moisture
barrier system. The construction documents shall
include manufacturer's installation instructions.
[A] 107.2,6 Site Plan. The constniction
documents submitted with the application for permit
shall be accompanied by a site plan showing to scale
the size and location of new construction and existing
structures on the site, distances from lot lines, the
established street grades and the proposed finished
grades and, as applicable, flood hazard areas,
floodways. and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line
survey. In the case of demolition, the site plan shall
show construction to be demolished and the location
and size of existing structures and constniction that are
to remain on the site or plot. The building official is
authorized to waive or modify the requirement for a
site plan where the application for permit is for
alteration or repair or where otherwise warranted.
[A] i07j,6,1 Tlpgign 4ririrl j3ipvHiions. Where
design flood elevations are not specified, they shall be
established in accordance with Section 1612.3.1.
r A l ! fl'/ ') '7 Qtriir tiirg'! TnPntam otirin Thp
construction dociunents shall provide the information
specified in Section 1603
[A] 107.2.8 Relocatable Buildings. Construction
documents for relocatable buildings shall comply with
Section 3112.
[4] 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. Whenthe building official issues aperrnit,
the constniction 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 ahard-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.
[Al 107.3.2 Previous approvais. This code shall
not require changes in the construction documents,
construction or designated occupancy of a structure for
2022 S-89
10A Building Code 16.04.060
which a lawful permit has been heretofore issued or
otherwise lawfully authorized, and the construction of
which has been pursued in good faith within 180 days
after the effective date of this code and has not been
abandoned.
[A] 107.3.3 Phased approval. The building
official is authorized to issue a permit for the
construction of foundations or any other part of a
building or structure before the construction documents
for the whole building or structure have been
submitted, provided that adequate information and
detailed statements have been filed complying with
pertinent requirements of this code. The holder of such
permit for the foundation or other parts of a building
or structure shall proceed at the holder's own risk with
the building operation and without assurance that a
permit for the entire stracture will be granted.
[A] 107.3.4 Design professional in responsible
charge. Where it is required that documents be
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 auties required of the originai registered
designprofessionalinresponsiblecharge. Thebuilding
official shall be notified in uiriting 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 subrittals. Deferral of
any subrnittal items shall have the prior approval of the
building official. The registered design professional in
responsible charge shall list the deferred submittals on
the constniction documents for review by the building
official.
Documents for deferred subrnittal 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 foiu'id to be in general conformance to
the design of the building. The deferred subrnittal
items shall not be instalIed until the deferred submittal
documents have been approved by the building official.
[A] 107.4 Amended construction documents. Work
shall be installed in accordance with the approved
construction documents, and any changes made during
construction that are not in compliance with the approved
constniction shall be submitted for approval as an amended
set of constniction documents.
[A] 107.5 Retention of construction documents. One
set of approved constniction documents shall be retained by
the building official for a period of not Iess than required by
the approved City's document retention plan. (,Ord.
22-2245, part, 2022)
16,04.070 Responsibility of permittee.
g(ign@ylgihiljivrnBrmiitpp, RtaiMiHgntyyyiiiBtih;llTBta-.tr or
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. (Ord. 22-2245, part, 2022)
16.04.080 Section 109 - Fees.
Fees shall be paid to the city as set forth in the latest
resolution adopted by the city. (Ord. 22-2245, part, 2022)
16.04.090 Section 110 - Inspections.
Amend and Adopt Section [A] 110 of the 2022
California Building Code as foHows:
[A] iiO.IL General. Constniction or work for which
a permit is required shall be subject to inspection by the
Building Official and such constniction or work shall remain
accessible and exposed for inspection purposes until
approved. Approval as a result of an inspection shall not be
constnied 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.
2022 S-89
16.04.090 Cupertino - Bufidings and Construction 10B
[A] 110.2 Preliminary inspection. Before issuing a
permit, the Building Official is authorized to examine or
cause to be examined buildings, struchires and sites for
which an application has been filed.
[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.
[A] 110.3.1 Footing and Foundation
Inspection. Footing and foundation inspections shall
be made after excavations for footings are complete
and any required reinforcing steel is in place. For
concrete foundations, any required forms shall be in
place prior to inspection. Materials for the foundation
shall be on the job, except where concrete is ready
mixed in accordance with ASTM C94, the concrete
need not be an the jab.
[A] 110.3.2 Concrete Slab and Under-Floor
Inspection. Concreteslabandunder-floorinspections
Sball 5e -uiaae after m-Sla5 0r undcr-flcCir remfOrCmg
steel and building service equipment, conduit, piping
accessories and other ancillary equipment items are in
place, but before any concrete is placed or floor
sheathing installed, including the subfloor.
[A] 110.3.3 Lowest Floor Elevation. In flood
hazard areas, upon placement of the lowest floor,
including the basement, and prior to further vertical
construction, the elevation certification required in
Section 1612.4 shall be submitted to the building
official.
[A] 'i'iO.3.4 Frame inspection. Framing
inspections sliall be made after the roof deck or
sheathing, all frarning, fire-blocking and bracing are in
place and pipes, chimneys and vents to be concealed
are complete and the rough electric.al, plumbing,
heating wires, pipes and ducts are approved.
[A] 110.3.4.1 Moisture Content
Verification. Moisture content of framing
members shall be verified in accordance with the
California Green Building Standards Code
(CALGreen), Chapter 4, Division 4.5.
[A] 110.3.5 Lath, Gypsum Board and
Gypsum Panel Product Inspection. Lath, gypsum
board and gypsum panel product inspections shall be
made after lathing, gypsum board and gypsum panel
products, interior and exterior, are inplace, but before
any plastering is applied or gypsum board and gypsum
panel product joints and fasteners are taped and
finished.
Exception: Gypsum board and gypsiu'n panel
products that are not part of a fire-resistance-
rated assembly or a shear assembly.
[A] 110.3.6 Weather-Exposed Balcony and
Walking Surface Waterproofing. Where balconies
or other elevated walking surfaces are exposed to
water from direct or blowing rain, snow or irrigation,
and the structural framing is protected by an
impervious moisture barrier, all elements of the
impervious moisture barrier system shall not be
concealed until inspected and approved.
Exception: Where spec.ia1 inspections are provided in
accordance with Section 1705.1. 1, Item 3.
[A] 110.3.7 Fire- and smoke-resistant
pet.etraticpS. Prctecticp @f jcipts and penetratioris in
fire-resistance-rated assemblies, smoke barriers and
smoke partitions shall not be concealed from view until
inspected and approved.
[A] :L10.3.8 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-vaiues, fenestration U-value, duel system R-value,
and HVAC and water-heating equipment efficiency.
[A] 110.4 Inspection agencies. The building official
is authorized to accept reports of approved inspection
agencies, proyided such agencies satisfy the requirements as
to qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of
the holder of the building permit or their duly authorized
agent to notify the building official when work is ready for
inspection. It shau be the duty of the permit holder to
provide access to and means for inspection of such work that
are required by this code.
[A] 110.6 Approval required. Work shall not be done
beyond the point indicated in each successive inspection
without first obtaining the approval of the building official.
The building official upon notification, shall make the
requested inspections and shall either indicate the portion of
the construction that is satisfactory as completed, or notify
the permit holder or his or her agent wherein the same fails
2022 S-89
10C Building Code 16.04.090
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. (Ord.
22-2245, part, 2022)
16.04.100 Section Ill - Certificate of Occupancy.
Adopt Section [A] 111 of the 2022 California Building
Code as follows:
[A] 111.1 Use and occupancy. A building or
strucmre shall not 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
ffiis code or any ordinance of the City of Cupertino.
Certificates presvmiag to givc avthcrity tc viclate cr capcel
the provisions of this code or other ordinances of the City of
Cupertino shall not be valid.
[A] iii.2 Certifica-te issuea. After t'ie Biiildirig
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
strueture has been inspected for compliance with
the requirements of this code for tl'ie occupancy
and division of occupancy and the use for which
the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the permit
was issued.
8. The use and occupancy, in accordance with the
provision of Chapter 3 of the California Building
Code.
9. The type of construction as defined in Chapter 6
of the California Building Code.
10. The design occupant load.
11. Where an automatic sprinkler system is proyided,
whether the sprinkler system is required.
12. Any special stipulations and conditions of the
building permit.
[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 or portions shall be
occupied safely. The Building Official shall set a time
period during which the temporary certificate of occupancy
is valid.
[A] 111.4 Revocation. The Building Official is
authorized to suspend or revoke a certificate of occupancy
or completion issued under the provisions of this code, in
writing, wherever the certificate is issued in error, or on the
basis of incorrect information supplied, or where it is
determined that the building or struchire or portion thereof
is in violation of the provisions of this code or other
ordinance of the City of Cupertino. (Ord. 22-2245, part,
2022)
16.04.110 Section 113 - Means of Appeals.
Amend and Adopt Section [A] 113 of the 2022
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. The board of appeals shall be appoMed by the
applicable governing authority and shall hold office at its
pleasure. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and
finding in writing to the appellant wirh a duplicate copy to
the Building Official. In the event where no such board of
appeaIs has been established, the City Council shall serve as
said appeals board.
[A] 113.2 Limitations on authority. An application
for appeal shall be based on a claim that the tnie intent of
this code or the rules legally adopted thereunder have been
inc.orrectly 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 waiye
requirements of this code.
[A] 113.3 Qualifications for Board of Appeals. The
Board shall consist of members who are qualified by
experience and training to pass on matters pertaining to
building constniction and are not employees of the City of
Cupertino.
2022 S-89
16.04.110 Cupertino - Buildings and Construction 10D
[A] 113.4 Qualifications for Board of Appeals
relative to Accessibility matters. Two members of the
board of appeals shall be physically handicapped persons,
two members shall be persons experienced in construction,
and one member shall be a public member for matters
relative to application and interpretation of accessibility
matters of the code.
[A] 113.5 Administration. The building official shall
take immediate action in accordance with the decision of the
board. (Ord. 22-2245, part, 2022)
16.04.120 Section 114 - Violations.
Amend and Adopt Section [A] 114 of the 2022
California Building Code as follows:
[A) 114.1 Unla'A'fll! aCtS* It Sball be llnla'lVfill far an}'
person, finn or corporation to erect, construct, alter,
extend, repair, move, remove, demolish or occupancy any
building, structure or equipment regulated by the codes
iae-ut!fiea M fh5S T!Tle, Or CauSe sarrie to bc dcric, ir. ccriflict
with or in violation of any of the provisions of any code
identified in this title.
[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. (Ord. 22-2245, part, 2022)
16.04.I30 Section 115 - Stop Work Order.
Amend and Adopt Section [A] 115 of the 2022
California Building Code as follows:
[A] 115.1 Authority. Whenever the Building Official
finds any work regulated by this code being performed in a
manner either contrary to the provisions of any code
identified in this title or dangerous or unsafe, the Building
Official is authorized to issue a stop work order.
[A] 115.2 Issuance. The stop work order shall be in
writing and shall be given to the owner of the property
involved, or to the owner's agent, or to the person doing the
work. Upon issuance of a stop work order, the cited work
shall irnrnediately 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.
[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 prescribeel
by law. (Ord. 22-2245, part, 2022)
16.04.220 Chapter 5 - General Building Heights
and Areas,
Amend and Adopt Section 501.2 of the 2022 California
Building Code and amend to read as follows:
502.1 Address Identification. New and existing
buildings shall be pro'vided with approved address numbers
(H letters. Each dly:,y[r4y 52J] T)( H(ii 1@55 illan 4 in@2y.5 in
height and not less than O.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
requ:uaeab}'t!eflareCOae0fflaClaal,adareSSnlaIllberSShall"e
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 postea.
Subdivisions and Planned Developments shall submit a
numbering schedule for approval by the Building
Department and the Fire Department. All cornrnercial
buildings liaving a single address assigned with multi-suite
arrangements shall have the suite-numbering system
approved or assigned by the Building Department with an
approved copy to the Fire Department for emergency use.
(Ord. 22-2245, part, 2022; Ord. 19-2189, F3 1 (part). 20l9'i
16.04.240 Chapter 7A - Materials and
Construction Methods for Exterior
Wildfire Exposure.
Amend Section 707A.9 of the 2022 California Building
Code to read as follows:
707A.9 Underside of appendages. The underside of
oyerhanging 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:
II,,/
I
2022 S-89
10E Building Code 16.04.240
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 ineluding 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
rcquirc protecticnwhen they are c',,nstracted isiith sassiri
lumber or glue-laminated wood with Ihe smallest
minimum nominal dimension of 4 inches (102 mm).
Sawn or glue-laminated planks splined, tongue-and-
gro-ve, or set close tOget'ier arid well spiked.
Amend Section 710A.3 of the 2022 California Building
Code to read as follows:
710A.3. Where required. Accessory structures shall
comply with the requirements of this section.
Delete Section 710A.3. 1 in its entirety.
Delete Section 710A.3.2 in its entirety.
Delete Section 710A.3.3 in its entirety. (Ord.
22-2245, part, 2022; Ord. 19-2189, S) 1 (part), 2019)
16.04.260 Chapter 9 - Fire Protection and Life
Safety Systems.
Amend Section 903.2 of the 2022 California Building
Code to read as follows:
903.2 \\here 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 and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire
barriers used to separate building areas shall be constructed
in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be
provided throughout all new buildings and
structures, other than Group R occupancies
except as follows:
Exceptions:
a. Buildings and structures not located in any
Wildland-Urban Interface and not exceeding
1,200 square feet of fire area.
b. Buildings and structures located in any
Wildland-Urban Interface Fire Area and not
exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including
photovoltaic support structures, used exclusively
for vehicle parking which meet all of the
following conditions:
i, Noncombustible constniction.
Maximum 5,000 square feet in building
area.
iii. Stnicture is open on not less than three (3)
sides or not less than 75% of structure
p5yll,Bi(31.
iy. Minimum of 10 feet separation from
existing buildings, or similar structures,
unless area is separated by fire walls
complying with CBC 706.
d. Canopies, constructed in accordance with CBC
406.7.2, used exclusively for weather protection
of vehicle fueling pads per CBC 406. 7. 1 and not
exceeding 5,000 square feet of fire area.
e. Temporary Construction Trailers less tliaii 2,500
square feet permitted for a period of not more
than one year.
2. An automatic sprinkler system shall be installed
tl'u'oughout all new buildings with a Group R fire area.
Exception:
Detached Accessory Dwelling Unit, proviaea that aii
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 accessory detached 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 apparatus access and water
supply requirements of Chapter 5 and Appendix
B of the 2022 California Fire Code.
2022 S-89
16.04.260 Cupertino - Buildings and Construction 10F
3. An approyed automatic fire sprinkler system shall
be installed in new manufactured homes (as
defined in California Health and Safety Code
Sections 18007 and 18009) and multifamily
manufactured homes with two dwelling units (as
defined in California Health and Safety Code
Section 18008.7) in accordance with Title 25 of
the Califoniia Code of Regulations.
4. An automatic sprinkler system shall be installed
throughout existing buildings with a Group R fire
area when additions are made causing the fire
area to exceed 3,600 square feet.
Exception: Additions where all of the following are
met:
a. Building addition does not exceed 500 square
feet.
b. The resultant structure meets all water supply
requirements of Chapter 5 and Appendix B of the
2022 California Fire Code.
5.An automatic sprinkler system shall be provided
throughout existing Group A, B, E, F, L, M, S
and U buildings and stnictures, when additions
are made that increase the fire area to more than
3,600 square feet or that create conditions
described in Sections 903.2. 1 through 903.2.18.
6. Any change in the character of occupancy or in
use of any building with a building area equa] 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 - Shall include, but not limited to:
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 - Shall include, but not limited to:
High-piled combustible storage, woodworking
operations, hazardous operationsusinghazardous
materials, increased fuel loads (storage of
moderate to highly combustible materials),
mcreased sources of ignition (welding,
automotive repair with the use of flammable
liquids and open flames).
Add Section 903.2. 11. 7 to read:
903.2.11.7 Chemical Fume Hood Fire
Protection. Approved automatic fire extinguishing
systems shall be provided in chemical fume hoods in
the following cases:
1. Existing hoods having interiors with a flame
spread index greater than 25 in which flammable
liquids are handled
2. If a hazard assessment determines that an
automatic extinguishing systemis requiredfor the
chemieal fume hood, then the applicable
automatic fire protection system standard shall be
followed.
%Hd 5(di(ill 9g7,8 to rearl:
907.8 Inspection, testmg and maintenance. The
maintenance and testing schedules and procedures for fire
alarm and fire detection systems shall be in accordance with
Sections 907.8. 1 through 907.8.4 and NFPA 72. Records of
inspection, testing and maintenance shall be documented
using NFPA 72 record of inspection and testing forms.
Amend Section 909.22.1 of the 2022 California
Building Code to read as follows:
909.22.1 Schedule. A routine maintenance and
operational testing program shall be initiated
immediately after the smoke control systemhas passed
the acceptance tests. A written schedule for routine
maintenance and operationai testing snaii "oe
established and operational testing must occur at least
annually. (Ord. 22-2245, part, 2022)
16.04.300 Chapter 15 - Roof Assemblies and
Rooftop Structures.
Amend Section 1505.1.3 of the 2022 California
Building Code to read as follows:
i505.L3 Roof coverings in ali 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 coyering of
every new structure, and any roof covering applied in
I
2022 S-89
10G Building Code 16.04.300
the alteration, repair or replacement of the roof of
every existing struchire, shall be a fire-retardant roof
covering that is Class A.
Amend Section 1505.1.4 of the 2022 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 stnicture, shall be a fire-retardant roof
covering that is Class A.
Roofing requirement for stnichires located in a
\i'lMlaIld-TJrbaIl Interface Fire AJea shall also COrnpl7
with Section 705A. (Ord. 22-2245, part, 2022)
'toa'au"4--i'2u"Chapter i" - Spec!al Lispecti ari(l
Tests.
Amend Section 1705.3 Exception #1 of the 2022
California Building Code to read as follows:
1705.3 Concrete Construction. The special
inspections and verifications for concrete construction shall
be as required by this section and Table 1705.3.
Exception:
Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings
three stories or less above grade plane Chat are
fully supported on earth or rock, where the
structural design of the footing is based on a
specified compressiye strength, f'c, no greater
than 2,500 pound per square inch (psi) (17.2
Mpa). (Ord. 22-2245, part, 2022; Ord. 19-2189,
Ffi l (part), 2019)
16.04,340 Chapter 19 - Concrete.
Delete Section 1905. 1. 7 and ACI318 Section 14. 1.4
and replace with the following:
1905.1.7 ACI 318, Section 14.1.4.
14.1.4 - Plain concrete in structures assigned to
Seisrnic 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.
(t) plain crinc.rete footin g supporting walls are
permitted, provided the footings have at
least two continuous longitudinal
reinforcing bars. Bars shall not be smaller
thap I%. 4 zd 3p;qil h,ave H total area of nnt
less than O.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 ana two-family dwelling-s
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 haste a total area
of less than O.002 times the gross
cross-sectional area of the footing. (:0-ra.
22-2245, part, 2022; Ord. 19-2189, 53 1
(part), 2019)
16.04.360 Chapter 23 - Wood.
Amend Table 2308.6.3(I) of the 2022 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, Di, 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.
2022 S-89
16.04.360 Cupertino - Buildings and Construction 10H
Add Section 2308.6.3.1 to the 2022 California
Building Code to read as follows:
2308.6.3.1 Limits on methods GB, SFB,
HPS, PBS and PCP. In Seisrnic 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 instalIed when required
by this Section to be placed on the opposite side
of the studs from other types of braced wall panel
sheathing. In Seisrnic Design Categories D, E,
and F the use of Method PCP is limited to
one-story building and structures. (Ord.
22-2245, part, 2022; Ord. 19-2189, § 1 (part),
2019)
26,g438g
Enclosures and Safety Devices.
Adopt Section 3109 of the 2022 California Building
Code.
Add Section 3109.3 to the 2022 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 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 peace and operating, the
pool is filled with water and all fences and
gates are installed;
4. A reinspection fee per the adopted fee
schedule per inspection will be charged for
each inspection over two where the work is
not ready or corrections have not been
completed;
5. The owner shall arrange with the Building
Department for inspectors to enter the
property to make necessary inspections in
coru'iection with the pool. (Ord. 22-2245,
part, 2022; Ord. 19-2189, S, 1 (part), 2019)
l"; -
2022 S-89
16.06.010
CHAPTER 16.06: RESmENTIAL CODE
Section
16.06.010
16.06.015
16.06.020
16.06.040
16,0(,050
16.06.060
16.06.080
16.06. 100
16.06. 120
16.06. 140
16.06. 160
Adoption of the 2022 California
Residential Code based on the 2021
International Residential Code.
Adoption of Appendix Chapters.
Section R310 - Emergency Escape
and Rescue Openings.
Section R313 - Automatic Fire
Sprinkler Systems.
SeCtlOn R328 - Energ:y' STorage
Systems.
Section R337 - Materials and
Constniction Methods for Exterior
W'ilafire EXpOSurel
Chapter 4 - Foundations.
Chapter 6 - Wall Constniction.
Chapter 9 - Roof Assemblies.
Chapter 10 - Chimneys and
Fireplaces - Spark Arrestors.
Appendix AX - Swimming Pool
Safety Act.
16.06.010 Adoption of the 2022 California
Residential Code based on the 2021
International Residential Code.
A. Except as otherwise provided in this chapter, the
provisions of the 2022 California Residential Code and
specified Appendices and each and all of Une 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 therefor
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. (Ord. 22-2245, part, 2022; Ord.
19-2189, § 1 (part), 2019)
16.06.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022
California Residential Code are hereby adopted:
Appendix AH: Patio Covers;
Appendix AJ: Existing Building and Structures;
Appendix AK: Sound Transmission;
Appendix AX: Swimming Pool Safety Act. (Ord.
22-2245, part, 2022; Ord. 19-2189, § 1 (part), 2019)
16.06.020 Section R310 - Emergency Escape and
Rescue Openings.
Amend Secticr. R310.1 cf the 2022 California
Residential Code to delete Exception #2. (Ord. 22-2245,
part, 2022; Ord. 19-2189, 8) 1 (part), 2019)
SeCttOn R3!3 = A'a[c!natlc Fte
Sprinkler Systems.
Amend Section R313.1 of the 2022 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.
Amend Section R313.2 of the 2022 California
Residential Code to read as follows:
R313.2 0ne- and two-family dwellings automatic
sprinkler systems. An automatic sprinkler system shall be
installed in all new one- and two-family dwellings, rebuild
of existing one- and two-family dwellings as defined by the
Building Official, and existing one- and two-family
dwellings when additions are made that increase the fire area
to more than 3,600 square feet.
Exceptions:
1. DetachedAccessoryDwellingUnit,providedthat
all of the following are met:
11
2022 S-89
16.06.040 Cupertino - Buildings and Construction 12
1. 1. The unit meets the definition of an Accessory
Dwelling Unit as defined in the Government
Code Section 65852.2.
1.2. The existing primary residence does not have
automatic fire sprinklers.
1.3. The accessory detached dwelling unit does not
exceed 1,200 square feet in size.
1.4. The urijt is on the same lot as the primary
residence.
1.5. The unit meets all apparatus access and water
supply requirements of Chapter 5 and Appendix
B of the 2022 California Fire Code.
2. When additions are made to existing stnictures,
causing the fire area to exceed 3,600 square feet,
and all of the following are met:
2.1. Building addition does not exceed 500 square
fcct.
2.2. The resultant stnicture meets all water supply
requirements of Chapter 5 and Appendix B of the
2022 California Fire Code. (Ord. 22-2245, part,
ja' 01" A' : "()r u'. 19-2189, el I (P ar t), 2019 >
16.06.050 Section R328 - Energy Storage Systems.
Amend Section R328.7 of the 2022 California
Residential Code to read as follows:
R328.7 Fire detection. Rooms and areas within
dwelling units, basements and attached garages in which
ESS are installed shall be protected by smoke alarms in
accordance with Section R3 14. A heat detector, listed and
interconnected to the smoke alarms, shall be installed in
locations within dwelling units and attached garages where
smoke alarms cannot be installed based on their listing.
[SFM] ESS installed in Group R-3 and townhomes
shall comply with the followiixg:
1. Rooms and areas within dwellings units, sleeping
units, basements and attached garages in which
ESS are installed shall be protected by smoke
alarms in accordance with Section R3 14.
2. A listed heat alarm interconnected to the smoke
alarms shall be installed in locations within
dwelling units, sleeping units and attached
garages where smoke alarms cannot be installed
based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a
heat alarm, so long as it is interconnected with
devices that provide an audible alarm at all
sleeping areas.
2. A fire sprinkler associated with an approved
automatic sprirkbr system that triggers an
audible alarm upon activation of the waterflow
switch, may be used in place of a heat alann.
(Ord. 22-2245, part, 2022)
16.06.060 Section R337 - Materials and
Construction Methods for Exterior
Wildfire Exposure.
Amend Section R337.7.10 of the 2022 California
Residential Code to read as follows:
R337.7.lOUndersideofappendages. Theunderside
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. The ignition-resistant
material shall be labeled for exterior use and shall
=eet the reqiiireraents cf Secticp R337, 7,2,
3. Fire-retardant-treated wood. The fire-retardant-
treated wood shall be labeled for exterior use and
shall meet the requirements of Section 2303.2 of
the California Building Code.
4. Material approved for not less than 1-hour fire
-resistance-rated construction on the exterior
side, as tested in accordance with ASTM E119 or
UL 263.
5. One }ayer of 5/8-inch Type X gypsum sheathing
applied bed an exterior covering on the
underside of the appendage projection.
6. The exterior portion of a 1-hour fire resistive
exterior wall assembly, as tested in accordance
with ASTM E119 or UL 263, applied to the
underside of the appendage including assemblies
using the gypsum panel and sheathing products
listed in the Gypsum Association Fire Resistance
Design Manual.
7. The underside of an appendage assembly that
meets the performance criteria in Section
R337. 7. 11 when tested in accordmce with the
test procedures set forth in ASTM E2957.
8. The underside of an appendage assembly that
meets the performance criteria in accordance
with the test procedures set forth in SFM
Standard 12-7A-3.
'l
2022 S-89
13 Residential Code 16.06.060
Exception to Section R337.7,10:
Struchiral 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 (IO2 turn). Sawn or
glue-laminated planks splined, tongue-and-grove, or
set close together and well spiked.
Amend Section R337.10.3 of the 2022 California
Residential Code to read as follows:
R337.10.3. Where required. Accessory structures
shall comply with the requirements of this section.
Delete Section R337. 10.3. 1 in its entirety.
Delete Section R337. 10.3.2 in its entirety.
Delete Section R337. 10.3.3 in its entirety.
Delete Section R337.10.3.4 in its entirety. (Ord.
22-2245i pan, 2022i Ord. 19-2189i fl 1 (PaIt)i 2019)
16.06.080 Chapter 4 - Foundations.
Amend Section R403.1 of the 2022 Califorriia
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 stnictural systems which shall be
of sufficient design to accommodate all loads according to
Section R301 and to transmit the resulting loads to the soil
within the limitations as determined from the character of
the soil. Footings shall be supported on undisturbed natural
soils or engineered fill. Concrete footings shall be designed
and constructed in accordance with the provisions of Section
R403 or in accordance witti ACI 332.
Amend Section R403.1.1 of the 2022 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 rum) in thickness, T.
Footing projection, P, shall be at least 2 inches (51 rum) 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. I(2) and Figure R403. I(3).
Delete Section R403.2 in its entirety. (Ord. 22-2245,
part, 2022; Ord. 19-2189, § 1 (part), 2019)
16.06.100 Chapter 6 - Wall Construction.
Amend Section R602.10.4 of the 2022 California
Residential Code, to add a new footnote 'T' to the end of
CRC Table R602. 10.4 to read as follows:
f. In Seismic Design Categories DO, D,, 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 'T' footnote notation for Methods GB, SFB,
qp5, pRS, C.S-SFB, 3Brl p('T' ri' 'T'3515 'R 602,10,4,
Add a new subsection R602.10.4.5 of the 2022
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, Di, and D2, the use of Method PCP
is limitea to one-story single family awellings ana accessory
structures. (Ord. 22-2245, part, 2022; Ord. 19-2189, § 1
(part), 2019)
16.06.120 Chapter 9 - Roof Assemblies.
Adopt and Amend Section R902.1 of the 2022
California Residential Code to read as follows:
R902.1.2 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 anti 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 Class A.
R902.1.3 Roofing Requirements within 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
2022 S-89
16.06.120 Cupertino - Buildings and Construction 14
any roof covering applied in the alteration, repair or
replacement of the roof of every existing struchire, shall be
a fire-retardant roof covering that is Class A.
Roofing requirement for structures located in a
Wildland-Urban Interface Fire Area shall also comply with
Section R337.5. (Ord. 22-2245, part, 2022; Ord. 19-2189,
8, 1 (part), 2019)
16.06.140 Chapter 10 - Chimneys and Fireplaces -
Spark Arrestors.
In new construction or when alterations, repairs or
additions requiring a permit and having a valuation in excess
of one thousand dollars occur, all new and existing fireplace
chimneys shall terminate in a substantially constnicted spark
arrestor complying with the requirements of the 2022
California Residential Code Section R1003.9.2. (Ord.
22-2245,part,2022;Ord,19-2189,")1(part)i20l9)
16.06.160 Appendix AX - Swimtning Pool Safety
Act.
Amend and Adopt Appendix AXIOO 115922 (a) of the
2022 California Residential Code to read as follows:
Except as provided in Section 1115925, when a
building permit is issued for the constniction of a new
swimming or spa or the remodeling of an existing swimming
pool or spa at a private single-family home, the respective
property shall be equipped with an enclosure fromthe public
right-of-way that meets the requirements of Section 115923
and additionally the respective swimming pool or spa shall
be equipped with two of the following six drowning
prevention safety features:
1. Removable n'iesh fencing that meets American
Society for Testing and Materials (ASTM)
Specifications F2286 standards in conjunction
with a gate that is self-closing and self-latc.hing
and can accommodate a key lockable device.
2. An approved safety pool cover as defined in
subdivision (d) of Section 115921.
3. Exit alarms on thc private single-family home's
doors that provide direct access to the swirnrning
pool or spa. The exit alarm may cause either an
alarm noise or a verbal warning, such as a
repeating notification that "the door to the pool is
open. "
4. A self-dosing, self-latching device with a release
mechanism placed no lower than 54 inches above
the floor on the priyate single-family home's
doors providing direct access to the swimming
pool or spa.
5. An alarm that, when placed in a swirnrning pool
or spa, will sound upon detection of accidental or
unauthorized entrance into the water. The alarm
shall meet and be independently certified to the
ASTM Standard F2208 "Standard Safety
Specification for Residential Pool Alarms,
which includes surface motion, pressure, sonar
laser and infrared type alarms. A swimming
protection alarm feature designed for individual
use, including an alarm attached to a child that
sounds when the child exceeds a certain distance
or becomes submerged in water, is not a
qualifying drowning prevention safety feature.
6. Other means of protection, if the degree of
protection afforded is equal to or greater than that
has been independently verified by an approved
testing laboratory as meeting standards for those
features established by the ASTM or the
(ASMB). (Ord. 22-2245, part, 2022)
2022 S-89
16.16.010
CHAPTER 16.16: ELECTRICAL CODE
Section
16, 16.010
16.16.015
16. 16.020
16. 16.030
16. 16.040
16. 16.050
16. 16.-"60
Adoption of the 2022 California
Electrical Code based on the 2020
National Electrical Code.
Adoption of Appendix Chapters.
Article 100 - Definitions.
Electrical work.
Electrical fee schedule.
Interpretation.
EICCjr!Cal InaffltenallCe prOgraIn.
16.16.010 Adoption of the 2022 California
Electr!cal COae basea on tEre 2020
National Electrical Code.
A. Except as otherwise provided in Lhis chapter, the
proyisions of the 2022 California Electrical Code 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)copyofeachvolumeofthecodetherefor
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. (Ord. 22-2245, part, 2022; Ord.
19-2189, § 1 (part), 2019)
16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2022 California
Electrical Code have been adopted. (Ord. 22-2245, part,
2022; Ord. 19-2189, § 1 (part), 2019)
16.16.020 Article 100 - Definitions.
Amend Article 100 of the 2022 California Electrical
Code with the following definitions added:
Electrical Contractors. For the purpose of this
article, an Electrical Contractor shall be a person holding a
valid electrical contractor's license issued by the State of
California.
Journeyman Electrician. A journeyman electrician
is an electrician qualified by training and experience to do
electrical work in conjunction with new construction and/or
rework of existing systems.
Maintenance Electrician. A maintenance electrician
in an electrician qualified by training and experience to do
the recurring work required to keep a facility in such
condition that it may be utilized at its designated capacity
and efficiency, to do repair work or replacement or overhaul
of constituent parts or materials to keep or restore a facility
tO ;4 r3(Hlrll('1@H 5yB3(:34Hlly eqiiivalent (ri it.s original or
design capacity or efficiency. (Ord. 22-2245, part, 2022;
Ord. 19-2189, § l (part), 2019)
I < 1 < 11211 pl5<iyi@31 W, @yl(,
Electrical work shall be done only by:
a, Electrical contractors who are in compliance with
the state licensing laws and whose employees are under the
direct supervision of a qualified journeyman electrician;
b. 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;
c. Maintenance electrician. (Ora. 22-2245, part,
2022; Ord. 19-2189, F3 I (part), 2019)
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. (Ord. 22-2245,
part, 2022; Ord. 19-2189, 8) I (part), 2019)
i6.16.050 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 are
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. (Ord. 22-2245, part, 2022; Ord. 19-2189, 8, 1
(part), 2019)
31
2022 S-89
16.16.060 Cupertino - Buildings and Construction
16.16,060 Electrical Maintenance Progratn.
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
citya covering all installatioiti, 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. (Ord.
22-2245, part, 2022; Ord. 19-2189, § 1 (part), 2019)
(r-
2022 S-89
16.20.010
CHAPTER 16.20: PLUMBING CODE
Section
16.20.010
16.20.015
16.20.020
Adoption of the 2022 California
P!umbing Code based on the 2021
Uniform Plumbing Code.
Adoption of Appendix Chapters.
Name insertion.
16.20.010 Adoption of the 2022 California
Pitir=biiig Cede basea aa tnc 2021
Uniform Plumbing Code.
A. Except as otherwise provided in this chapter, the
provisions of the 2022 California Plumbing Code and each
aria ail of ffie reguiaLions, pro-visio-us, conditicris arid teris
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 therefor
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. (Ord. 22-2245, part, 2022; Ord.
19-2189, § 1 (part), 2019)
i6.20.Ol5 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022
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;
AppendixD: SizingStormWaterDrainageSystems;
Appendix H: Private Sewage Disposal Systems;
Appendix I: Installation Standards for PBX Tubing
Systems for Hot- and Cold-Water Distribution;
Appendix J: Combination of Indoor and Outdoor
Combustion and Ventilation Opening Design. (Ord.
22-2245, part, 2022; Ord. 19-2189, F3 l (part), 2019)
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. (Ord.
22-2245, part, 2022; Ord. 194189, S, 1 (part), 2019)
33
2022 S-89
Cupertino - Buildings and Construction 34
r-
,l
I
,,l/ '
CHAPTER 16.24: MECHANICAL CODE
Section
16.24.010
16.24.015
16.24.020
Adoption of the 2022 California
Mechanical Code based on the 2021
Uniform Mechanical Code.
Adoption of Appendix Chapters.
Name insertion.
16.24.010 Adoption of the 2022 California
Uniform Mechanical Code.
A. Except as otherwise provided in this chapter, the
provisions of the 2022 California Mechanical Code and each
ana aii of the reguiations, provisions, conaitions anci 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 (l) copy of each volume of the code therefor
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. (Ord. 22-2245, part, 2022; Ord.
19-2189, 8, I (part), 2019)
i6.24.0i5 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022
California Mechanical Code have been adopted.
Appendix F: Sizing of Venting Systems and Outdoor
Combustion and Ventilation Opening Design.
(Ord. 22-2245, part, 2022; Ord. 19-2189, § I (part), 2019)
16.24.020 Name Insertion.
The names "Cupertino" and/or "California" shall be
inserted in the appropriate places provided therefor iix eacl'i
and every section of such California Mechanical Code
wherein either the name of the city or state is left blank.
(Ord. 22-2245, part, 2022; Ord. 19-2189, 8, 1 (part), 2019)
35
16.24.010
2022 S-89
Cupertino - Buildings and Construction 36
16.28.010
CHAPTER 16.28: EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR SYSTEMS AND
ELECTRIC 'VEHICLE CHARGING SYSTEMS
Section
16.28.010
16.28.020
16.28.030
16.28.040
16.28.050
16.28.060
16.28.070
Purpose and intent.
Definitions.
Applicability.
Requirements.
Application and documents.
Permit review and inspection
requirements.
Appeals
16.28.010 Purpose and Intent.
The pllrf)OSe Of LniS Cll;Apter iS:
i. To adopt an expedited, streamlined solar
permitting process that complies with the Solar Rights Act
and AB 2188 (Chapter 521, Statutes 2014) to achieve timely
and cost-effective installations of small residential rooftop
solar energy systems. The Ordinance expands AB2188 to
provide for timely and cost-effective installations of solar
panels on small multi-family and commercial buildings. The
Ordinance encourages the use of solar systems by removing
unreasonable barriers, minimizing costs to property owners
and the City, and expanding the ability of property owners
to install solar energy systems. The Ordinance allows the
City to achieve these goals while protecting the public heatth
and safety.
ii. To promote and encourage the use of electric
vehicles by creating an expedited, streamlined permitting
process for electric vehicle charging stations while
promoting public health and safety and preventing specific
adverse impacts in the installation and use of such charging
stations. (Ord. 22-2245, part, 2022; Ord. 22-2244, part,
2022; Ord. 15-2133, part, 2015)
16.28.020 Definitions.
For the purposes of this Chapter, the following words
and plu'ases shall have the meanings as defined in this
section.
a. A "Solar Energy System" means either of the
following:
i. Any solar collector or other solar energy device
wliose primary purpose is to provide for the collection,
storage, and distribution of solar energy for space heating,
space cooling, electric generation, or water heating.
ii. Anystructuraldesignfeatureofabuilding,whose
primary purpose is to provide for the collection, storage,
and distribution of solar energy for electricity generation,
space heating or cooling, or for water heating.
b. A"smallresidentialrooftopsolarenergysystem"
rrieans all cf the folic',',ring:
i. A solar energy system that is a simple
photovoltaic system no larger than 10 kilowatts or a solar
thermal system no larger than 30 kilowatts thermal.
il. A SOlai eaergy S:/Stenl that Can'!OrlnS tO a'l
applicable state fire, stnictural, electrical, and other building
codes as adopted or amended by the City and all state and
local health and safeff standards.
iii. A solar energy system that is installed on a single
or duplex family dwelling.
iv. A solar panel or module array that does not
exceed the maximum legal building height as defined by the
Clt'37.
c. A "small multi-family or commerciaI rooftop
solar energy system" means all of the following:
i. A solar energy system that is a simple
photovoltaic system no larger than 10 kilowatts or a solar
thermal system no larger than 30 kilowatts thermal.
ii. A solar energy system that conforms to all
applicable state fire, structuraJ, electrical and other building
codes as adopted or amended by the City and all state and
local health and safety standards.
iii, A solar energy system ffiat is installed on a
triplex, four-plex family dwelling or on a commercial
building no more than 10,000 square feet in size.
iv. A solar panel or module array that does not
exceed the maximum legal building height as defined by the
City.
d. A "small rooftop solar energy system" either a
"small residential rooftop solar energ'y system" or a "small
multi-family or commercial rooftop solar energy system".
e. "Electronic submittal" means the utilization of
one or more of the following:
37
2022 S-89
16.28.020 Cupertino - Buildings and Construction 38
i. Email;
ii. The Internet;
iii. Facsimile.
f. An "association" means a nonprofit corporation
or unincorporated association created for the purpose of
managing a common interest development.
g. A "common interest development" means any of
i 5 following:
i. A community apartment pro3ect.
ii . A condorninium project.
iii . A planned development.
iv. A stock cooperative.
h. "Specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on
objective, identified, and written public health or safety
standards, policies, or conditions as they existed on the date
the application was deemed complete.
1. "Reascna51e restrrCtlcns" On a SOIar energ"
system are those restrictions that do not significantly increase
the cost of the system or significantly decrease its efficiency
or specified performance, or that allow for an alternative
S'jSte-m Of con'2p2u'able COSt, efficiericy, arid CnCrg:y'
conservation benefits.
j. "Restrictions that do not significantly increase the
cost of the system or decrease its efficiency or specified
performance" means:
i. For Water Heater Systems or Solar Swimming
Pool Heating Systems: an amount exceeding 10 percent of
the cost of the system, but in no case more than one thousand
dollars ($1,000), or decreasing the efficiency of the solar
energy system by an amount exceeding 10 percent, as
originally specified and proposed.
ii. For Photovoltaic Systems: an amount not to
exceed one thousand dollars ($1,000) over the system cost as
originally specified and proposed, or a decrease in system
efficiency of aii ai'iiount exceeding 10 percent as originally
specified and proposed.
k. "ElectricvehiclechargingstationorEVCS."Any
level of electric vehicle supply equipment station that is
designed and built-in compliance with article 625 of the
California Electrical Code and delivers electricity from a
source outside an electric vehicle into a plug-in veicle.
1. "A feasible method to satisfactorily mitigate or
avoid the specific, adverse impact" includes, but is not
limited to, any cost-effective method, condition, or
mitigation imposed by the City on another similarly situated
application in a prior successful application for a permit.
The City shall use its best efforts to ensure that the selected
method, condition, or mitigation meets the conditions of
subparagraphs (A) and (B) of paragraph (1) of subdivision
(d) of Section 714 of the Civil Code defining restrictions that
do not significantly increase the cost of the system or
decrease its efficiency or specified performance. (Ord.
22-2245, part, 2022; Ord. 22-2244, part, 2022; Ord.
15-2133, part, 2015)
16.28.030 Applicability.
a. This Chapter applies to the permitting of all small
rooftop solar energy systems and electric vehicle charging
systems in the City.
b. Small rooftop solar energy systems and electric
vehicle charging systems legally established or permitted
prior to the effective date of this Ordinance are not subject
to the requirements of this Ordinance unless physical
modifications or alterations are undertaken that materially
change the size, type, or components of a small rooftop
energy system in such a way as to require new permitting.
P,outiae operatian and mainten,an(-B t3 li%(-kinrl
replacements shall not require a permit. (Ord. 22-2245,
part, 2022; Ord. 22-2244, part, 2022; Ord. 15-2133, part,
2025)
16.28.040 Requirements.
a. All solar energy systems and electric vehicle
charging stations shall meet applicable health and safety
standards and requirements imposed by the state, the City,
and Santa Clara County Fire Department.
b. Solar energy systems for heating water in
single-family residences and for heating water in
commercial or swimming pool applications shall be certified
by an accreaited listing agency as defined by the California
Plumbing and Mechanical Code.
c. Solar energy systems for producing electricity
shall meet all applicable safety and performance standards
established by tl'ie California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing
laboratories such as Underwriters Laboratories and, where
applicable, rules of the Public Utilities Cornrnission
regarding safety and reliability.
d, Electric vehicle charging stations shall meet all
applicable safety and performance standards established by
the California Electric Code, the Society of Automotive
Engineers, the National Electrical Manufacturers
Association, and the accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of
the Public Utilities Commission regarding safety and
reliability. (Ord. 22-2245, part, 2022; Ord. 22-2244, part,
2022; Ord. 15-2133, part, 2015)
il
2022 S-89
38A Expedited Permit Process for Sman Rooftop Solar Systems
and Electric Vehicle Charging Systems
16.28.050
16.28.050 Application and Documents.
a. All documents required for the submission of an
expedited solar energy system application and for an EVCS
permit application shall be made available on the City's
website.
b. Electronic subrnittal of the required permit
application and documents shall be made available to all
small rooftop solar energy system permit applicants.
c. An applicant's electronic signature shall be
accepted on all forms, applications, and other documents in
lieu of a wet signature.
d. The Building Official shall adopt a standard plan
and checklist of all requirements with which small rooftop
solar energy systems shall comply to be eligible for
expedited review.
e. The Building Official shall provide a permit
checklist for EVCS permit applications.
f. The small residential rcoftop solar system permit
process, standard plan(s), and checklist(s) shall substantially
conform to recommendations for expedited permitting,
including the checklist and standard plans contained in the
InOSi CurrC-nt vcrsicri cf the CaltfC+rnla SO12J Perrrattirig
Guidebook adopted by the Governor's Office of Planning
and Research.
g. The small multi-family or commercial rooftop
solar energy system permit process, standard plan(s), and
checUist(s) shall be developed by the Building Official.
h. All fees prescribed for the permitting of small
rooftop solar energy system must comply with Goveriunent
Code Section 65850.55, Government Code Section 66015,
Government Code Section 66016, and State -H-ealth and
Safety Code Section 17951. (Ord. 22-2245, part, 2022; Ord.
22-2244, part, 2022; Ord. 15-2133, part, 2015)
i6.28.060 Permit Review and Inspection
Requirements
a. The City shall adopt an administrative,
nondiscretionary review process to expedite approval of
small rooftop solar energy systems and EVCS applieation of
one to 25 stations at a single site. Upon receipt of a complete
application which meets the requirements of the approved
checklist and standard plan, the City shall issue a building
permit or other nondiscretionary permit within 5 business
days for electronic applications.
b. Review of the application shall be limited to the
building official's review of whether the application meets
local, state, and federal health and safety requirements.
c. The Building Official may deny an application for
a permit for a small rooftop solar energy system or EVCS if
the Official makes written findings based upon substantive
evidence in the record that:
1. The proposed instaIIation would have a specific,
adverse impact upon public health or safety; and
2. There is no feasible method to satisfactorily
mitigate or avoid, as defined, the adverse impact. Such
findings shall include the basis for the rejection of the
potential feasible alternative for preventing the adverse
impact.
d. Any condition imposed on an application shall be
designedtomitigatethespecific, adverseimpactuponhealth
and safety at the lowest possible cost.
e. The City shall require only one inspection for
small residential rooftop solar energy systems eligible for
expedited review. The City may require two inspections for
small multi-family or commercial rooftop solar energy
systems if deemed necessary. A separate fire inspection may
be performed if the City does not have an agreement with
the County of Santa Clara Fire Department to perform
Fire Department.
f. The inspection(s) shall be done in a timely
rnanner and should include consolidated inspections. An
a request and provide a two-hour inspection window on the
day of the inspection.
g. If a small rooftop solar energy system fails
inspection a subsequent inspection is authorized but need not
conform to the requirements of this Ordinance. (Ord.
22-2245, part, 2022; Ord. 22-2244, part, 2022; Ord.
15-2133, part, 2015)
i6.28.070 Appeals.
Any final decision of the Building Official made
pursuant to this Chapter may be appealed by filing a request
for appeal, in writing, with a description of the grounds for
appeal. Therequestforappealmustbemadewithinten(10)
business days of the serving or mailing of the building
official's determination. A hearing shall be scheduled within
ihirty (30) days before the Planning Commission. If the
appeal is not filed within the time specified above. the
applicant shall be deemed to waive the right to appeal.
(Ord. 22-2245, part, 2022; Ord. 22-2244, part, 2022)
2022 S-89
Cupertino - Buildings and Construction 38B
t"-
16.32.010
CHAPTER 16.32: LOCAL SUSTAINABILITY REQ{JIREMENTS FOR NEWLY CONSTRUCTED B{Tn,DINGS
Section
i6.32.010
16.32.020
16.32.030
Applicability.
Definitions.
All-electric provisions for newly
constructed buildings.
16.32.010 Applicability.
A. TherequirementsofthisChaptershallapplytothe
building permits for all newly constructed buildings proposed
to be lecatcd in wholc cr in part wt the CTr'y.
Nonresidential tenant improvements are not subject to the
all-electric building requirement for new construction in
Section 16.32.030
B. 'nle all-elect-tic b-uiMii-rg -prO-riSiO-uS shall a-p-ply to
pern'fft applications on or after the effective date of this
Chapter, and in perpetuity.
C. The requirements of this Chapter shall not apply
to the use of portable propane appliances for outdoor cooking
or heating.
D. This chapter shall in no way be constnied as
amending California Energy Code requirements under
California Code of Regulations, Title 24, Part 6, nor as
requiring the use or installation of any specific appliance or
system as a condition of approval.
E. The requirements of this Chapter shall be
incorporated into conditions of approval for building permits
under Municipal Code Chapter 16. (Ord. 22-2245, part,
2022)
16.32.020 Definitions.
A. ALL-ELECTRIC BUILDING: is a building that
has no natural gas or propane plumbing installed within the
building, and that uses electricity as the sole source of
energy for its space heating, water heating (including indoor
and outdoor pools and spas), cooking appliances, outdoor
kitchens, outdoor fireplaces, and clothes drying appliances.
All-Electric Buildings may include solar thermal pool
heating. (Ord. 22-2245, part, 2022)
16.32.030 All-electric provisions for newly
constructed buildings.
A. Newly constnicted buildings shall be all-electric
as defined in Section 16.32.020. For the purposes of all-
electric building requirements, newly constructed buildings
39
shall not include newly constructed additions and tenant
improvements in existing buildings.
Exception l: Nonresidential F, H, and L Occupancies,
or other similar research & development uses as
determined by the building official, are exempt from
the all- electric building provisions of this section. If
this Exception applies, the applicant shall comply with
the pre-wiring provision of Note 1 below.
Exceptiacri 2ai "ESSerlt!al Facilittes," as defiried b')' me
California Building Code are exempt from the
all-electric building provisions of this section. If this
Exception applies, the applicant shall comply with the
pre-wiririg prOVIS!On Of NOtC 1 BCIOW.
Exception 3: Non-residential buildings containing a
for-profit restaurant open to the public or an employee
kitchen may apply to the Building Official for a
modification to install gas-fueled cooking appliances.
This request must be based on a business-related
reason to cook with a flame that cannot be reasonably
achieved with an electric fuel source. The Building
Official may grant this modification if he or she finds
the following:
1. There is a business-related reason to cook
with a flame and;
2. This need cannot be reasonably achieved
with an electric fuel source; and
3, The applicant has employed reasonable
methods to mitigate the greenhouse gas
impacts of the gas-fueled appliance.
If the Building Official grants a modification, the
applicant shall comply with the pre-wiring provision of
Note i below.
Exception 4: If the applicant establishes that there is
not an all-electric prescriptive compliance pathway for
the building under the Energy Code, and that the
building is not able to achieve the performance
compliance standard applicable to the building under
the Energy Code using cornrnercially available
technology and an approved calculation method, then
the Building Official may grant a modification. If the
Building Official grants a modification pursuant to this
Exception, a'ie applicant shall comply with the pre-
wiring provision of Note 1 below.
2022 S-89
16.32.030 Cupertino - Buildings and Construction
Exception 5: Hotels and motels with eighty or more
guestroorns may utilize fuel gas in on-site cornrnercial
clothes drying equipment. The applicant shall comply
with the pre-wiring provision of Note I below.
Note 1: If natural gas appliances are used under
Exception 1, 2, 3, 4, and/or 5, each natural gas
appliance location in such building must be electrically
pre-wired for future electric appliance installation.
Each such natural gas appliance location shall include
the following:
i. A dedicated circuit, phased appropriately, for
each appliance. Each such circuit shall have a
minimumamperagerequirementfor acomparable
electric appliance (based on the manufacturer's
recommendations), an electrical receptacle or
junction box that is connected to the electric
panel, conductors of adequate capacity within 3
feet cf the appliance. Each soch circuit shall be
accessible with no obstnictions;
ii. Both ends of the unused conductor or conduit
shall be labeled with the words "For Future
EleCfr!C Appliaricc" an(l 1)e eleCtrlcall7 isclated',
iii. A reserved circuit breaker space shall be installed
in the electrical panel adjacent to the circuit
breaker for the branch circuit and labeled for each
circuit, an example is as follows: "For Future
Electric Range" ; and
iv. All electrical components, including conductors,
receptacles, junction boxes, or blank covers,
related to this section shall be installed in
accordance with the California Electrical Code.
Note 2: If a building is entitled to apply Exception 1, 2,
3, 4 and/or 5, the Building Official is authorized to
approve alternative materials, design, and methods of
constniction or equipmentper CaliforniaBuilding Code
Section 104. (Ord. 22-2245, part, 2022)
2022 S-89
16.40.010
CHAPTER 16.40: FIRE CODE
Section
16.40.010
16.40.015
16.40.020
16.40.040
16.40.080
16.40. 100
16.40.110
i6.40. 120
16.40.140
16.40. 160
16.40. 180
16.40.200
16.40.220
16.40.230
16.40.240
16.40.260
16.40.280
16.40.300
16.40.320
i6.40.340
16.40.360
16.40.380
16.40.400
16.40.420
Adoption of the 2022 California Fire
Code and 2021 International Fire
Code.
Adoption of Appendix Chapters.
Chapter 1 - Administration.
Chapter 2 - Definitions.
Chapter 5 - Fire Service Features.
Chapter 6 - Building Services and
S7SjeluS.
Chapter 7 - Fire and Smoke
Protection Features.
Chapter 8 - Decorative Vegetation in
s T j T € ! a: Tl :T .J : - -
lNeW ffllu DAlMulg DLlllulllgb.
Chapter 9 - Fire Protection and Life
Safety Systems.
Chapter 12 - Energy Systems.
Chapter 33 - Fire Safety During
Construction and Demolition.
Chapter 49 - Requirements for
Wildland-Urban Interface Fire
Areas.
Chapter 50 - Hazardous Materials -
General Provisions.
Chapter 54 - Corrosive Materials,
Chapter 56 - General - Explosives
and Fireworks.
Chapter 57 - Flamnxable aitd
Combustible Liquids.
Chapter 58 - Flammable Gases and
Flammable Cryogenic Fluids.
Chapter 60 - Highly Toxic and
Toxic Materials.
Chapter 61 - Liquefied Petroleum
Gases.
Chapter 64 - Pyrophoric Materials.
Chapter 80 - Referenced Standards.
Appendix B - Fire-Flow
Requirements for Buildings.
Appendix C - Fire Hydrant
Locations and Distribution.
Appendix D - Fire Apparatus Access
Roads.
45
16.40.010 Adoption of the 2022 California Fire
Code and 2021 International Fire Code.
A. Except as otherwise provided in this chapter, the
proyisions of the 2022 California Fire Code and also the
2021 International Fire Code, 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,
mcdified, added Or -grnehded by this orrlinanee, and are hy
such adopted by reference.
B. One (1) copy of each volume of the code therefor
is on file in the office of the Building Official and the Fire
Cede Official purs'aant to Hea'-th and Safe')' COde Sect!or'-
18942 and is made available for public inspection. (Ord.
22-2245, part, 2022; Ord. 19-2189, (i 1 (part), 2019)
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022
California Fire Code are hereby adopted.
Appendix B: Fire-Flow Requirement for Buildings.
AppendixC: FireHydrantLocationsanaDistri'oution.
Appendix D: Fire Apparatus Access Roads.
Appendix O: Temporary Haunted Houses, Ghost
Walks and Similar Amusement Uses. (Ord. 22-2245, part,
2022; Ord. 19-2189, § 1 (part), 2019)
16.40.020 Chapter 1- Administration.
Add Section 101.3. 1 to the 2022 Califorrua Fire (:- ode
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 anti and all responsibility for the
maintenance and eaforcement of the provisions of this Code
to whichever legal entity he feels best serves the interests of
Lhe City.
Wherever the words "Chief," "Fire Marshal, "fire
code official," "Fire Department, "Fire Prevention
Bureau," "Fire Chief," and other such simi!ar 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.
2022 S-89
16.40.020 Cupertino - Buildings and Construction
TOTAL
VALUATIONS
PERMIT FEE
$100,001.00 tO
$500,000.00
$993. 75 for the first
$100,000.00 plus $5.60 for each
additional $1,000.00, or fraction
thereof, to and including
$500,000.00
$500,001 tO
$1 ,ooo,ooo.oo
$3,233.75 for the first
$500,000.00 plus $4.75 for each
additional $1,000.00, or fraction
thereof, to and including
$1,000,000.00
$1,000,001 and up $5,608.75 for the first
$1,000,000.00 plus $3. 15 for
each additional $1,000.00, or
fraction thereof
Additional re-inspecxions, in connection with the
permits aboye, are to be paid at $120.00 for each
occurrence at the discretion of the fire code official.
Cancelled inspections without advance notice are to be
paid at $120.00 for each occurrence.
Whereverthewords "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.
Where'ver 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.
Add Section 106.2. I of the 2022 California Fire Code
to read as follows:
106.201 COnSfr'aCffOn perInit feeS* COnStruCtlOn
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
aCconam-zCe With the fOllcWir+g tablc based On valuatxOn. The
valuation sliall 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 deterrnining
the total fee amount for each permit, the plan review fee
shall be added to the Permit Fee.
Add Section I06.2.2 to the 2022 California Fire Code
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
$2,001.00 to
$25,000.00
$69.25 for the first $2,000.00
plus $14.00 for each additional
$1,000.00 or fraction thereof, to
and including $25,000.00
$25,001.00 tO
$50,000.00
$391.25 for the first $25,000.00
plus $10. 10 for each additional
$1,000.00, or fraction thereof,
to and including $50,000.00
$50,001.00 to
$100,000.00
$643.75 for the first $50,000.00
plus $7.00 for each additional
$1,000.00, or fraction thereof,
to and including $100,000.00
to read as follows:
106.2.2 0perational permit fees. Operational permit
fees shall be paid to the Santa Clara County Fire Department
as follows:
2022 S-89
47 Fire Code 16.40.020
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
(Only those requiring permits
in accordance with Section
105.6.47).
$85.00 - Each
occurrence
I
Add Section 107.5 to the 2022 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 havc been completed and approsied. 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. (Ord. 22-2245, part, 2022; Ord. 19-2189, F3 1
(part), 2019)
r6.40.040 Ctlapter 2 - DefinitionS.
Add the following definitions:
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living
tissue. will cause destniction 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.
HEALTH HAZARD - OTHER. 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) sensitizers or
teratogens (effect on fetuses).
LARGE-SCALE FIRE TESTING. Testing a
representative energy storage system that induces a
significant fire into the device under test and evaluates
whether the fire will spread to adjacent energy storage
systemunits, surrounding equipment, or through an adjacent
fire-resistance-rated barrier.
MODERATELY TOXIC GAS. A chemical or
s'abstg-nce ih;j 125 a merlian lethal concentration (LC50i in
3ir 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 OCCuT.S tyithin One hcpr, tO 31Tiilri yBi5 welgllmg
between 200 and 300 grams each.
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 remedv of the primary containrnent 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.
Amend the followu'ig definitions:
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.
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
2022 S-89
16.40.040 Cupertino - Buildings and Construction 48
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. (Ord. 22-2245, part, 2022; Ord. 19-2189, § 1
(part), 2019)
16.40.080 Chapter 5 - Fire Service Features.
Amend Section 503. I of the 2022 California Fire Code
to read as follows:
503.1 Where required. Fire apparahis access roads
shall be provided and maintained in accordance with
Sections 503. 1. 1 through 503. 1.3 and in accordance withthe
Fire Department access Standards.
,'a'rter.d Section 503. 1. i as follows:
503.1.1 Buildings and facilities. Approved fire
apparatus aceess roads shall be proyided for every facility,
b"aildirig Or pcrticri Of a b'ailding hereafter ceristracted cr
moved into or within the jurisdiction. The fire apparatus
access 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
approyed 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 uiith an approved
automatic sprinkler system, installed inn
accordance with Sections 903.3. 1.1 or 903.3.1.2,
the dimension may be incrcased 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 Lie
provided.
Amend Section 503.2.1 of the 2022 California Fire
Code to read as follows:
503.2.1 Ditnensions. Fire apparatus access roads shall
have an unobstructed width of not less than 20 feet (6096
mrn) for engines and 26 feet (7925rnrn) for aerial fire
apparatus, exclusive of shoulders, except for approved gates
or barricades in accordance with Sections 503.5.1 and
503.6. The unobstructed verticaJ clearance shall be a
rninimiun of 13 feet 6 inches (4115 rum) or as determined by
the fire code official.
Exception:
When there are not more than two residential parcels,
having only Group R, Division 3, or Group U
occupancy structures, the access road width may be
modified by the fire code official.
Amend Section 503.2.4 of the 2022 California Fire
Code as follows:
503.2.4 Turning radius. The required mrning radius
of a Fire apparatus access road shall be a minimum of
30 j'eet inside, an d a minimum of 50 feet outside.
Amend Section 503.2.7 of the 2022 California Fire
Code as follows:
503.2.7 Grade. The maximum grade of a fire
department apparatus access road shall not exceed
15-percent, unless approved by the fire code official.
Amend Section 503.5 of the 2022 California Fire Code
as follows:
503.5 Required gates or barricades. The fire code
official is aurhorizea to require the installation and
maintenance of gates or other approved barricades
across fire apparatus access roads, trails, or other
accessways, not including the public streets, alleys, or
highways. The minimum width for commercial
applications is 20 feet (6096 rnrn), and 12 feet (4268
rum) for single-family dwellings. Electric gate
operators, where providea shaii -be listea in accoraance
with UL 325. Gates intended for automatic operation
shall be designed, constructed, and installed to comply
with the requirements of ASTM F2200.
Amend Section 503.6 of the 2022 California Fire Code
as follows:
503.6 Security gates. The installation of security gates
across a fire apparatus access road shall be approved
by the fire code official. Where security gates are
instaIled,- they shall have an approved means of
emergency operation. The security gates and the
emergency operation shall be maintained operational at
all times. Electric gate operators, where provided,
r'
r:
'l
2022 S-89
49 Fire Code 16.40.080
shall be listed in accordance with UL 325. Gates
intended for automatic operation shall be designed,
constructed and installed to comply with the
requirements of ASTM F2200. The minimum width
for commercial applications is 20 feet (6096 mm), and
12 feet (4268 mm) for single-family dwellings.
Add Section 504.5 to the 2022 California Fire Code to
read as follows:
504.5 Access Control Devices. When access comrol
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 deyices
shall be provided with an approved means for deactivation
cr unlccking from a single lccatiori or otherwise approved
by the fire code official.
Access control devices shall also comply with Chapter
10.
Amend Section 505. 1 as follows:
505.1 Address identification. New and existing
buildings shall be provided with approved address
identification. The address identification shall be
legible and placed in a position that is visible from the
street or road fronting the property. Address
identification characters shall contrast with their
background. Address numbers shall be Arabic numbers
or alphabetical letters. Numbers shall not be spelled
out. Each character shall be not less than 6 inches (153
mm) high with a minimum stroke width of 1/2 inch
(12.7 rnrn). Where required by the fire code official,
address identification shall be provided in additional
approved locations to facilitate emergency response.
'i)Vhere access is by means of a private road and the
building cannot be viewed from the public way, a
monument, pole or other sign or means shall be used
to identify the structure. Address identification shall be
maintained.
The following is a guideline for adequate address
number dimensions:
The number posted up to 49 feet from the public
street shall be of one solid color which is
contrasting to the background and be at least six
(6) inches high with a half (V2) inch stroke.
* The number posted from 50 to 100 feet from the
public street shall be of one solid color which is
contrasting to the background and be at least six
(6) inches high with a one (1) inch stroke.
The number posted over 100 to 199 feet from the
public street shall be of one solid color which is
contrasting to the background and be at least ten
(10) inches high with a one and a half (IV!) inch
stroke.
The number posted over 200 to 299 feet from the
public street shall be of one solid color which is
contrasting to the background and be at least ten
(18) inches high with a one and a half (2) inch
stroke.
The number nosted over 300 to 400 feet from the
public street shall be of one solid color which is
contrasting to the background and be at least ten
(24) inches high with a one and a half (2V2) inch
5iytJ(o,
Amend Section 510. 1 of the 2022 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 plarie
(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 signai strength leveis are not consisteru
with the minimum levels set forth in Section
510.4.1.
Exceptions:
1. Where approved by the fire code official, a wired
communication system in accordance with
Section 907.2.13.2 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.
2022 S-89
16.40.080 Cupertino - Buildings and Construction 50
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.
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 TninkedRadio Systemwithinthe 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, 5ysxnrj31d f@y thB :!Hd:qllB(i(ill, A4tim@nance and
Use of Emergency Services Communications Systems.
The coverage shall be based upon the existing coverage
leveIs of the pubIic safety communication systems of the
j'arisaicticn at the extericr Bf d% bhildiHgi This secticri shall
not require improvement of the existing public safety
communication systems.
Add Section 510.L1 of the 2022 California Fire Code
to read as follows:
510.1.1 0bstruction by new buildings. No
obstruction of the public safety system backhaul shaIl be
aJlowea without an approved mitigating plan.
Amend Section 510.3 of the 2022 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 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 change made to
an existing system is considered to be new construction and
will require a construction permit.
Amend Section 510.4 of the 2022 California Fire Code
to read as follows:
510.4Technicalrequirements. 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 Cowty
Fire Department.
Amend Section 510.4. 1. 1 of the 2022 California Fire
Code to read as follows:
510.4.1.1 Minimum signal strength into the
building. The rninirnum 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.O 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 2022 California Fire
Code to read as follows:
510.4.1.2 Minimum signal strength out of the
hiiilding, 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 2022 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 510.5.2 of the 2022 California Fire
Code to read as follows:
510.5.2 Approval prior to instanation. 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 appro'val of the fire code official and the agency FCC
license holder or systems admiiustrator.
Amend Section 510.5.4 of the 2022 CaIlifornia Fire
Code to read as follows:
i
2022 S-89
51 Fire Code 16.40.080
510.5.4 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 Iess than 95 percent.
Final system acceptance will require ERRCS power level
and DAQ testing with agency FCC license holder, systems
administrators, or designee. (Ord. 22-2245, part, 2022;
Ord. 19-2189, 8, 1 (part), 2019)
16.40.100 Chapter 6 - Building Services and
Systems.
SECTION 603 ELECTRICAL EQ{JIPMENT,
WIRING, AND HAZARDS
Amend Section 603. 11 to the 2022 California Fire
Cede to read as follows:
603.11 Immersion Heaters. All electrical
irnrnersion heaters used in dip tanks, sinks, vats
anal SlrnllaTa OperatiOnS shall be pr()'i'!ded '%+'itll
approved over-temperature controls and low
liquid level electrical disconnects. Manual reset
of required protection devices shall be provided.
SECTION 605 FUEL-FIRED APPLIANCES.
Amend Section 605.5 as follows:
605.5 Portabe unventea heaters. Portable
unvented fuel-fired heating equipment shall be
prohibited in occupancies in Groups A, B, E, I,
R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and
ambulatory care facilities.
Exceptions:
1. Portableunventedfuel-firedheaterslistedin
accordance with UL 647 are permitted to be
used in one and two-family dwellings,
where operated and maintained in
accordance with the manufacturer's
instructions.
2. Portable outdoor gas-fired heating
appliances in accordance with Section
605.5.2.
Amend Section 605.5.2. 1. 1 to the 2022 California Fire
Code to read as follows:
605.5.2.LI 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. (Ord.
22-2245, part, 2022; Ord. 19-2189, Fj I (part), 2019)
16.40.110 Chapter 7 - Fire and Smoke Protection
Features.
Add Section 703.3 to read:
703;3 Fire-resistant penetrations and joints. Inhigh-
rise buildings, in buildings assigned to Risk Category III or
IV, or in fire areas containing Group R occupancies with an
occiipqnt loarl greater than 100, and other occupancies as
determined necessary special inspections for through-
penetrations, membrane penetration firestops, fire resistant
joint systems and perimeter fire containment systems that
=.zr4 tested apd listed in ;r:(ordance wifh CRC Sect.ions
714,4,1,2, 714.5.1.2, 715.3.1 and 715.4 shall be in
accordance with Section 1705.18.1 or 1705.18.2. (Ord.
22-2245, part, 2022)
16.40.120 Chapter 8 - Decorative Vegetation in
New and Existing Buildings.
Amend Section 806. 1. 1 of the 2022 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, 8, 3.08 and Sections 806.1 through 806.4.
(Ord. 22-2245, part, 2022; Ord. 19-2189, § 1 (part), 2019)
16.40.140 Chapter 9 - -Fire -Protection ana Life
Safety Systems.
Amend Section 901.6.2 of the 2022 California Fire
Code to read as follows:
901.6,2 Integrated testing. Where two or more fire
protection or life safety systems are interconnected, the
intended response of subordinate fire protection and
life safety systems shall be verified when required
testing of the initiating system is conducted. In
addition, integrated testing shall be performed in
accordance with Sections 901.6.2.1 and 901.6.2.2.
2022 S-89
16.40.140 Cupertino - Buildings and Construction 52
901.6.2.1 mgh-rise buildings. For high-rise
buildings, integrated testing shall comply with NFPA
4, with an integrated test performed prior to issuance
of the certificate of occupancy and at intervals not
exceeding 10 years, unless otherwise specified by an
integrated system test plan prepared in accordance with
NFPA 4. If an equipment failure is detected during
integrated testing, a repeat of the integrated test shall
not be required, except as necessary to srerify operation
of fire protection or life safety functions that are
initiated by equipment that was repaired or replaced.
For existing buildings, the testing tirneframe shall be
specified by the integrated systems test plan prepared
in accordance with NFPA 4 as approved by the fire
code official.
901.6.2.2 Smoke control systems. Where a fire alarm
S}'Steln 18 iritegrated Viltll a SrnO-ke COntrOl SJ'Sfeln aS
outlined in Section 909, integrated testing shall comply
with NFPA 4, with an integrated test performed prior
to issuance of the certificate of occupancy and at
mferValS nOj cxccc(11ng 10 :y{EARS, uIlleSS ctherW!se
specified by an integrated system test plan prepared in
accordance with NFPA 4. If an equipment failure is
detected during integrated testing, a repeat of the
integrated test shall not be required, except as
necessary to verify operation of fire protection or life
safety functions that are initiated by equipment that
was repaired or replaced. For existing buildings, the
testing tirneframe shall be specit'ied by the integrated
systems test plan prepared in accordance with NFPA
4 as approved by the fire code official.
Amend Section 90L6.3 of the 2022 California Fire
Code to read as follows:
90L6.3 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. See 907.7 & 907.8 for fire alarm system inspection,
testing and maintenance documentation requirements.
Amend Section 903.2 of the 2022 Califomia Fire Code
to read as follows:
903.2 Where required. Approved automatic sprinkler
systems in new and existing buildings and stnictures shall be
provided in the locations described in this Section or in
Sections 903.2. 1 through 903.2. 18 whichever is the more
restrictiye and Sections 903.2. 14 through 903.2.21.
For the purposes of this section, firewalls and fire
barriers used to separate building areas shall be constructed
in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be
provided throughout all new buildings and
structures, other than Group R occupancies
except as follows:
Exceptions:
a. Buildings and structures not located in any
Wildland-UrbanInterface andnotexceeding
1,200 square feet of fire area.
b. Buildings and structures located in any
Wildland-Urban Interface Fire Area and not
exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including
photovoltaic support structures, used
exclusively for vehicle parking which meet
all of the following conditions:
i. Noncombustible construction.
ii, %3yizpB 5,000 sqii:qre feet in
building area.
iii. Stnicture is open on not less than three
(3) sides or not less than 75% of
structure perimeter.
iv. Minimum of 10 feet separation from
existing buildings, or similar
structures, unless area is separated by
fire walls complying with CBC 706.
ei. Canopies, construcLea in accordaiice with
CBC 406.7.2, used exclusively for weather
protection of vehicle fueling pads per CBC
406. 7. 1 and not exceeding 5,000 square feet
of fire area.
e. Temporary Construction Trailers less than
2,500 square feet permitted for a period of
not more than one year.
2. An automatic sprinkler system shall be installed
throughout all new buildings with a Group R fire
area.
Exception:
Detached Accessory Dwelling Unit, 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.
li
2022 S-89
Fire Code 16.40.140
c. The accessory detached 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 apparatus access and
water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire
Code.
3. Anapprovedautomaticfiresprinklersystemshall
be installed in new manufactured homes (as
defined in California Health and Safety Code
Sections 18007 and 18009) and multifarnily
manufactured homes with two dwelling units (as
defined in California Health and Safety Code
Section 18008.7i in accordance with Title 25 of
the California Code of Regulations.
4. An automatic sprinkler system shall be installed
throughout existing buildings with a Group R fire
area when additions are made causing the fire
area tO exceed 3,600 sq'uare feet.
Exception: Additions where all of the following
are met:
a. Building addition does not exceed 500
square feet.
b. The resultant structure meets all water
suppIy requirements of Chapter 5 and
Appendix B of the 2022 California Fire
Code.
5. An automatic sprinkler system shall be proyided
throughout existing Group A, B, E, F, L, M, S
and U buildings and structures, when additions
are made that increase tlie fire area to more than
3,600 square feet or that create conditions
described in Sections 903.2. 1 through 903.2. 18.
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 - Shall include, but not limited to:
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 - Shall include, but not limited to:
High-piled combustible storage, woodworking
operations, hazardous operationsusinghazardous
materials, increased fuel loads (storage of
moderate to highly combustible materials),
increased sources of ignition (welding,
automotive repair with the use of flammable
liquids and open flames).
4dd Section 903. '), l 1, 7 iri read:
903.2.11.7 Chemical Fume Hood Fire Protection.
Approved automatic fire extinguishing systems shall be
pro',iided iQ Op6i(8i f'.Lr'rie hoods iB the frillouiing
cases :
1. Existing hoods having interiors with a flame
spread index greater than 25 in which flammable
liquids are handled
2. If a hazard assessment determines that an
automatic extinguishing systemis required for the
chemical fume hood, then the applicable
automatic fire protection system standard shall be
followed.
Amend Section 907.8 to read:
907.8 Inspection, testing and maintenance. The
maintenance and testing schedules and procedures for
fire alarm and fire detection systems shaIl be in
accordance with Sections 907.8. l through 907.8.4 ana
NFPA 72. Records of inspection, testing and
maintenance shall be documented using NFPA 72
record of inspection and testing forms.
Amend Section 909.22.1 of the 2022 California Fire
Code to read as follows:
909.22.1 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 operational
testing must occur at least annually. (Ord. 22-2245, part,
2022; Ord. 19-2189, 8) 1 (part), 2019)
2022 S-89
16.40.I60 Cupertino - Buildings and Construction 54
16.40.160 Chapter 12 - Energy Systems.
SECTION 1202 DEFINITIONS
Amend Section 1202. 1 to read:
1202.1 Definitions. The following terms are defined
in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATI'ERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT.
EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS.
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGB SYSTEM, ELECTROCHEMICAL.
ENERG\ STORACiE SYSTEM, MOBILE.
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE S'f STEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, ST ATION ARY.
LARGE-SCALE FIRE TESTING.
PORTABLE GENERATOR.
ST ANDBY POWER SYSTEM.
Amend Section 1207. 1.5 to read:
1207.1.5 Large-scale fire test. Where required
elsewhere in Section I207, large-scale fire testing shall
be conducted in accordance with NFPA 855, and UL
9540A. The testing shall be conducted or witnessed
and reported by an approved testing laboratory and
show that a fire inyolving one ESS will not propagate
to an adjacent ESS, and wliere installed within
buildings, enclosed areas and walk-in units will be
contained within the room, enclosed area or walk-in
unit for a duration equal to the fire-resistance rating of
the room separation specified in Section 1207. 7.4. The
test report shall be provided to the fire code official for
review and approyal in accordance with Section
104.8.2.
Amend Section 1207.2.2. 1 to read:
1207.2.2.1 0ngoing inspection and testing. Systems
that monitor and protect the ESS installation shall be
inspected and tested in accordance with the
manufacturer's instructions and the operation and
maintenance manual. Inspection and testing records
shall be maintained in the operation and maintenance
manual and made available to the fire code official
upon request.
Amend Section 1207.5.2 to read:
1207.5.2 Maximum anowable quantities. Fire areas
within rooms, areas and walk-in units containing
electrochemical ESS shall not exceed the maximum
allowable quantities in Table 1207.5. The allowable
number of fire areas, maximum allowable quantity,
and fire-resistance rating of fire-barriers shall comply
with Table 1207. 5. 1.
Exceptions:
Where approved by the fire code official, rooms, areas
ar.d walR-ip jts containing electrochemical USS that
exceedthe amoiu'its in Table 1207.5 shall be permitted
based on a hazardous mitigation analysis in accordance
with Section 1207.1.4 and large-scale fire testing
1. Lead-acid and nickel-cadmium battery systems
installed in facilities under the exclusive control
of communications utilities and operating at less
than 50 VAC and 60 VDC in accordance with
NFPA 76.
2. Dedicated-use buildings in compliance with
Section 1207. 7. 1.
,:4 '
2022 S-89
Fire Code 16.40.160
TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENT AGE OF
MAXIMUM
ALLOWABLE
QUANTITY PER
FIRE AREA
NUMBER OF FIRE
AREAS PER
STORY
FIRE-RESIST ANCE
RATING FOR FIRE
BARRIERS IN
HOURS
Above grade plan Higher than 9
7-9
6
5
4
3
2
1
25
50
50
50
75
100
100
100
'l
2
2
2
4
6
6
6
3
2
2
2
2
2
2
2
Below grade plan 1
2
Lower than 2
100
50
Not Allowed
4
2
Not Allowed
3
3
Not AlIowed
Amend Section 1207.5.5 to read:
1207.5.5 Fire suppression systems. Rooms and areas
within buildings and walk-in units containing
electrochemical ESS shall be protected by an automatic
fire suppression system designed and installed in
accordance with one of the following:
1. An automatic sprinkler system aesigned ana
installed in accordance with Section 903.3. 1. 1
with a n'iinimum density of O.3 gpm/ft2 (1.14
L/min) based on the fire area or 2,500
square-foot (232 m2) design area, whichever is
larger.
2. Where approved, an automatic sprinkller system
designed and installed in accordance with Section
903.3. 1. 1 with a sprinkler hazard classification
based on large-scale fire testing complying with
Section 1207. 1.5.
3. The following alternative automatic fire-
extinguishing systems designed and installed in
accordance with Section 904, provided that tlie
installation is approved by the fire code official
based on large-scale fire testing complying with
Section 1207.1.5:
3.1. NFPA 12, Standard on Carbon Dioxide
Extinguishing Systems.
3,2. NFPA 15, Standard for Water Spray Fixed
Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire
Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-
Extinguishing Systems.
3.5. NFPA 2010, Standard for Fixed Aerosol Fire-
Extinguishing Systems.
Exception: Fire suppression systen'is for lead-acid and
nickel-cadmium battery systems at facilities under the
exclusive control of communications utilities that
operate at less than 50 VAC and 60 VDC shall be
provided where required by NFPA 76.
Amend Section 1207.11.3 to read:
1207.11.3 Location. ESS shall be installed only in the
following locations:
1. Detached garages and detached accessory
structures.
2. Attached garages separated from the dwelling
unit living space and sleeping units in accordance
with Section R302.6.
3. Outdoors or on the exterior side of the exterior
walls not less than 3 feet (914 rum) from doors
and windows directly entering tlie dwelling unit
and not below or above any emergency escape
and rescue openings.
2022 S-89
16.40.160 Cupertino - Buildings and Construction 56
4. Enclosed utility closets, basements, storage or
utility spaces within dwelling units with finished
or noncombustible walls and ceilings. Waifs and
ceilings of unfinished wood-framed constniction
shall be provided with not less than 5/8-inch
(15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms,
closets, spaces opening directly into sleeping
rooms or in habitable spaces of dwelling units.
Amend Section 1207. 11. 6 to read:
1207.11.6 Fire detection. ESS installed in Group R-3
and R-4 occupancies shall comply with the following:
1. Rooms and areas within dwellings units, sleeping
units, basements and attached garages in which
ESS are installed shaIl be protected by smoke
alarms in accardaace v,tiffi Section 907.2. 11.
2. A listed heat alarm interconnected to the smoke
alarms shall be installed in locations within
dwelling units, sleeping units and attached
g2u'ageS W'bCrC SnlOke alarrris Caa"'10f 5e stalled
based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a
heat alarm, so long as it is interconnected with
devices that provide an audible alarm at all
sleeping areas.
2. A fire sprinkler associated with an approved
automatic sprinkler system that triggers an
audible alarm upon activation of the waterflow
switch, may be used in place of a heat alarm.
(Ord. 22-2245, part, 2022)
16.40.180 Chapter 33 - Fire Safety During
Construction and Demolition.
Amend Section 3305.5 as follows:
3305.5 Fire watch. Where required by the fire code
official or the site safety plan established in accordance
with Section 3303. 1, a fire watch shall be provided for
building demolition and for building construction. Fire
watch is not intended to facilitate occupancy during
ongoing construction in a new building.
Add Section 3305. 10 to read:
3305,10 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).
Add Section 3311.1.1 of the 2022 California Fire Code
to read as follows:
3311.1.1 Fire Department Access Roadways: All
construction sites shall be accessible by fire department
apparatus by means of roadways having an all-weather
driving service of not less than 20ft. of unobstructed
width. The roads shall have the ability to withstand the
live loads of fire apparatus, and have a minimum 13ft.
6 in, of vertical clearance. Dead end fire access roads
in excess of 150 ft. in length shall be proyided with
approved turnarounds.
When approved by the Fire Code Official, temporary
access roadways may be utilized until such time that
the permanent roadways are installed. As a minimum,
the roadway shall consist of a compacted sub base and
six (6) inehes of road base material (Class 2 aggregate
base rock) both compacted to a minimum 95% and
sealed. The perimeter edges of the roadway shall be
contained and delineated by curb and gutter or other
3ppy@y(3d raethod. The lyg(! nf geotextile reinforcing
fabric underlayment or soils lime-treatment may be
required if so determined by the project civil engineer.
Provisions for surface drainage shall also be provided
where necessary. The integrity of the roadway shall be
maintained at all times.
Amend Section 33 22. 1 as follows:
33i2.i Stairways Requirea. Each level above the
first story in multi-story buildings that require two exit
stairways shall be provided with at least two usable
exit stairways after the floor decking is installed. The
stairways shall be continuous and discharge to grade
level. Stairways serving more than two floor levels
shall be enclosed (with openings adequately protected)
after exterior wallsfwinaows al'e in piace. 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 mufti-story buildings, one of the
required exit stairs may be obstructed on not more than
two contiguous floor levels for the purposes of
stairway construction (i.e., installation of gypsum
board, painting, flooring, etc.).
Add Section 3312.4 to read:
Section 3312.4 Required Means of Egress. All
buildings under construction shall have at least one
2022 S-89
57 Fire Code 16.40.180
unobstructed means of egress. All means of egress
shall be identified in the written fire safety plan as
required by Section 3303. 1.
Amend Section 3315. 1 to read:
3315.1 Completion before occupancy. In buildings
where an automatic sprinter system is required by this
code or the California Building Code, it shall be
unlawful to occupy any portion of a building or
structure until the automatic sprinkler system
installation has been tested and approved.
In new buildings of combustible construction where
automatic fire sprinkler systems are required to be
iiistalled, the system shall be placed in service as soon
as possible. Irnrnediately upon the completion of
sprinkler pipe installaticn on each floor level, the
piping shall be hydrostatically tested and inspected.
After inspection approval from the Fire department,
each floor level of sprinkler piping shall be cormected
[O Tffie S7Ste-ru supply riser and plaCCd intO service Witb
all sprinkler heads uncovered. Protective caps may be
installed on the active sprinklers during the installation
of drywall, texturing and painting, but shall be
remoyed immediately after this work is completed. For
system activation notification, an exterior audible
waterflow alarm shall be installed and connected to the
sprinkler waterflow device prior to installation of the
monitoring system.
For buildings equipped with fire sprinkler systems that
are undergoing alterations, the spriruer system(s)
shall remain in service at all times except when system
modifications are necessary. Fire sprinkler systems
undergoing modifications shall be returned to scrvice
at the end of each workday unless otherwise approved
by the fire department. The General contractor or
his/her designee shall check the sprinkler control
valve(s) at the end of each workday to confirm that the
system has been restored to service. (Ord. 22-2245,
part, 2022; Ord. 19-2189, S, 1 (part), 2019)
16.40,200 Chapter 49 - Requirements for
Wildland-Urban Interface Fire Areas.
Add Section 4901.3 to read:
4901.3 Where applicable. These requirements shall
apply to 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.
Add Section 4901.4 to read:
4901.4 Exemptions. These requirements shall not
apply to any land or water area acquired or managed
for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or
any species that is a candidate for listing as an
endangered or threatened species by the state or
federal goyernment.
2. Lands kept in a predominantly natural state as
habitat for wildlife, plant, or animal
cgmmiinities
3. Open space lands that are environmentally
sensitive parklands.
4. Other lands having scenic values, as declared by
the lacal agenC)l Or 5y state Or ferleral law
Add Section 4906. 1. 1 to read:
4906.1.1 Hazardous vegetation and fuels shall be
managed to reduce the severity of potential exterior
wildfire exposure to buildings, to reduce the risk of
fire spreading to buildings, and provide for safe access
for emergency wildland fire equipment and civilian
evacuation concurremly, as required 'oy applicable
laws and standards.
Add Section 4906. 1.2 to read:
4906.1.2 Maintenance required, Maintenance is
required to ensure conformance with these standards
and measures, and to assure continuea avaiiaaoiiity,
access, and utilization, of the defensible space during
a wildfire.
Add Section 4906. 1.3 to read:
4906,1.3 Additional measures. No person subject to
these regulations shall permit any fire hazard, as
defined in this chapter, to exist on premises under their
control, or fail to take irnrnediate action to abate a fire
hazard when requested to do so by the enforcing
agency.
Add Section 4906. 1.4 to read:
2022 S-89
16.40.200 Cupertino - Buildings and Construction 58
4906.1.4 Exemption. For the purposes of this chapter,
vegetation removal or management, undertaken in
whole or in part, for fire prevention or suppression
purposes shall not be deemed to alter the natural
condition of public property.
Amend Section 4907.3 to read:
4907,3 Requirements. Hazardous vegetation and fuels
around all buildings, roads, driveways, and stnichires
shall be maintained in accordance with the following
laws and regulations:
1.
2.
3.
4.
5.
Public Resources Code, Sections 4291 through
4296.
California Code of Regulations, Title 14,
Division 1. 5, Chapter 7, Subchapter 3, Article 3,
SeCtlOn 1299.03.
California Government Code, Sections 51175 -
51189.
California Code of ReguIations, Title 19,
D;VSS;On 1, Chapter a'i, Sabchapter i, Secticri
3.07.
Any local ordinance of the City of Cupertino.
(Ord. 22-2245, part, 2022; Ord. 19-2189, § 1 (part), 2019)
16.40.220 Chapter 50 - Hazardous Materials -
General Provisions.
Amend Section 5001.2.2.2 of the 2022 California Fire
Code to read as follows:
5001.2.2.2 Health Hazards The material categories
listed in this section are classified as health hazards. A
material with a primary classification as a health hazard can
also pose a pliysical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
Moderately toxic gas.
Other health hazards.
Add Section 5001. 5.3 to the 2022 California Fire Code
to read as follows:
5001.5.3 Hazardous materials business plan
(HMBP). Where required by the fire code official,
facilities shall submit a Hazardous Materials Business Plan
(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 timefrarne and no less frequently than is
required by the HSC.
Amend Section 5002. 1 to read:
5002.1 Definitions. The following terms are defined
in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONT AINER.
CONT AINER.
CONTROL AREA.
CYLINDER.
DAY BOX.
DEFIAGPATI(') N,
DESIGN PRESSURE.
DET ACHED BUILDING.
DISPENSING.
EXCESS p,,g'%X,7 CONTROL,
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE V APORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD - OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND HEALTH
(IDLH) .
INCOMPATIBLE MATERIALS.
LIQUID.
LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOW ABLEQUANT-IT-YPE-KCON-IROL
AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONT AINMENT.
SEGREGATED.
SOLID.
il
2022 S-89
59 Fire Code 16.40.220
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORT ABLE.
TANK, ST ATIONARY.
TANK VEHICLE.
UNAUTHORTZED DISCHARGE.
USE (MATERIAL).
V APOR PRESSURE.
Add Section 5003. 1.3. 1 to the 2022 California Fire
Code to read as follows:
5003.1.3.I Highly Toxic, Toxic, Moderately Toxic
Gases and Similarly Used or Handled Matertals. The
storage, use and handling of highly toxic, toxic and
rncderately fOXiC gases in alnOuntS exceedlllg Ta51e
6004.2.1.4 shall be in accordance with this chapter and
Chapter 60. Any toxic, highly toxic or moderately toxic
material that is used or handled as a gas or vapor shall be in
aCcori'ai-ice With [he requirerrierits far jOX'C, highl'y' tOXiC Or
moderately toxic gases.
Add Section 5003. 1.5 to the 2022 California Fire Code
to read as follows:
5003.1.5 0ther Health Hazards. The storage, use and
handling of materials classified as other health hazards
including carcinogens, irritants and sensitizers in amounts
exceeding 810 cubic feet for gases, 55 gallons for liquids
and 5,000 pounds for solids shall be in accortlance with this
Section 5003.
Add Section 5003. 1.6 to the 2022 California Fire Code
to read as follows:
5003.1.6 Additional Spin Control and Secondary
Containment Requirements. In addition to the
requirements set forth in Section 5004.2, an approved
containment system is required for any quaiitity ofhazardous
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 enviromnent. 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 2022 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 andfabricated from
materials that are compatible with the material to
be contained and shall be of adequate strength
and durability to withstand the pressure,
struchiral and seisrnic stress, and exposure to
which they are subject.
2. Piping and tubing shall be identified in
accordance with ASME A13.I and the Santa
Clara County Fire Chiefs Marking Requirements
Bd Guidelines f@'( T4izHydili5 MBtei'ials and
Hazardous Waste to indicate the material
conveyed.
3 , Manual valves or automatic remotely activated
fail-safe ernergenC',t shatcff valves sha!l T(
installed on supply piping and tubing and
provided with ready access at the following
locations:
3. 1. The point of use.
3,2. The tank, cylinder or bulk source.
4 . Manual emergency shutoff val'ves and controls
for remotely actiyated emergency shutoff valves
shall be identified and the location shall be
ciearly visible, accessible ana indicatea by means
of a sign.
5 . Backflow prevention or chec.k 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.
2022 S-89
16.40.220 Cupertino - Buildings and Construction 60
Exceptions:
1. Piping for inlet connections designed to
prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection
from spills or leaks shall be provided for piping
for liquid hazardous materials and for highly
toxic and toxic corrosive gases above threshold
quantitieslistedinTables6004.2.L4. 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 sab-atmospheric conditions if
the piping is equipped with an alarm and
fail-safe-to-close valve actiyated by a loss of
vacuum.
8.Expansion chambers shall be provided between
valyes whenever the regulated gas may be
subjected to thermal expansion. Chambers shall
be sized to provide protection for piping and
instrumentation and to accommodate the
expansion of regulated materials.
Amend Section 5003.2.2.2 of the 2022 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 coru'iections
within an exhausted enclosure if the material is a
gas, or an approved method of drainage or
containrnent is provided for connections if tl'ie
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 constniction or in concealed
spaces in areas not classified as Group H
Occupancies.
3. All primary piping for toxic, highly toxic and
moderately toxic gases shall pass a helium leak
test of lxl0-9 cubic centimeters/second where
practical, or shall pass testing in accordance with
an approved, nationally recognized standard.
Tests shall be conducted by a qualified "third
party" not involved with the construction of the
piping and control systems.
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 0ccupancies.
Adopt Section 5003.5.2 of the 2022 California Fire
(2nde tri read as follows:
5003.5.2 Ventilation Ducting. Ducts venting
hazardous materials operations shall be labeled with the
1l3z;yr( rTacq r*f thlB m2ftyigl 5piBg v@nJ(rl Bn6 th5 dire(.tiin
of flow.
Adopt Section 5003.5.3 of the 2022 California Fire
Code to read as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, ail
piping and tubing may be required to be identified when
there is any possibility of confusion with hazardous
materials transport rubing or piping. Flow direction
indicators are required.
Amend Section 5003.10.4 of the 2022 California Fire
Code to read:
5003.10.4 Elevators utilized to transport hazardous
materials.
5003.'iO.4.i When transporting hazardous materials,
elevators shall have no other passengers other than in
the individual(s) handling the chemical transport cart.
5003.10.4.1.1 When transporting cryogenic or
liquefied compressed gases, there shall be no
occupants in the elevator.
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 I Ib.
2022 S-89
61 Fire Code 16.40.220
5003.10.4.4 Means shall be provided to prevent the
elevator from being surnrnoned to other floors.
Amend Section 5004.2. l of the 2022 California Fire
Code to read as follows:
5004.2.1 Spill control for hazardous material
1iqtiids. 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 constnicted
to contain a spill from the largest single vessel by one of the
following methods:
1. Liquid-tight sloped or recessed floors in indoor
locaticns or similar areas in outdoor lccations.
2. Liquid-tight floors in indoor and outdoor
locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. SunlpS ana COlleCtlOn S}'StemS, jncl'aalllg
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 atperimeter openings having
an open-grate trench across the operUng that connects to an
approved collection system.
Amend Section 5004.2.2.2 of the 2022 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.
.%'iend Section 5004.2.3 of the 2022 California Fire
Code as follows:
(Ord. 22-2245, part, 2022; Ord. 19-2189, 8, 1 (part), 2019)
16.40.230 Chapter 54 - Corrosive Materials.
Amend Section 5402. 1 of the 2022 California Fire
Code to read as follows:
5402.1 Definitions. The following terms are defined
in Chapter 2:
CORROSIVE,
CORROSIVE LIQUIDS.
(Ord. 22-2245, part, 2022)
16.40.240 Chapter 56 - General - Explosives and
Fireworks.
Amend Section 5601. 1.3 of the 2022 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 fireworks
displays pyrotechnics before a proximate audience and
pyrotechnic special effects in motion pictures,
television, theatrical or group entertainment
productions as allowed in Title 19, Division 1, Chapter
6 Fireworks reprinted in Section 5608 and Health and
Safety Code Diyision 11. (Ord. 22-2245, part, 2022;
0yd, 19-2189, § i (phi), 2019)
16.40.260 Chapter 57 - Flammable and
Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2022 California
Fire Code to read as follows:
5704.2.7.5.8 0verffllPrevention. An approvedmeans
or method in accordance with Section 5704.2.9.7.5 shall be
provided to prevent the overf'ill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants
or terminals regulated by Sections 5706.4 or 5706.7 shall
have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity
of 1320 gallons (5000 L) or less need only comply with
Section5704.2.9.7.5 (-ltem 1, Su-ti-item i.i:i.
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.
Exception: Outsideabovegroundtankswithacapacity
of 1320 gallons (5000 L) or Iess need only comply with
Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
Add Section 5704.2.7.5.9 of the 2022 California Fire
Code to read as follows:
2022 S-89
i6.40.260 Cupertino - Buildings and Construction 62
5704.2.7.5.9 Automatic Filling of Tanks. Systems
that automatically fill flammable or combustible liquid tanks
shall be equipped with overfill protection, approyed by the
fire code officiaI, 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.
Amend Section 5704.2.9.6.1 of the 2022 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
cfficial.
Amend Section 5706.2.4.4 of the 2022 California Fire
Code as follows:
5706.2.4.4 Locations where above-ground tanks are
prohibited. Storage of Class I and II Iiquids 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 2022 California Fire
Code as follows:
5707.3.3 Site plan. A site plan shall be developed for
each location or area at which mobile fueling occurs. The
site plan shall be in sufficient detail to indicate the
followitxg:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or function.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of ffll storm drain openings and
adjacent waterways or wetlands.
9. Information regarding slope, natural drainage,
curbing and impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan. (Ord. 22-2245, part,
2022; Ord. 19-2189, 8) 1 (part), 2019)
16.40.280 Chapter 58 - Flammable Gases and
Flammable Cryogenic Fluids.
Amend Section 5806.2 of the 2022 California Fire
Code as follows:
5806.2 Limttations. Storage of flarnrnable 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 2022 California Fire
Code as follows:
5809.3.4 Site plan. For other a'ian emergency
roadside service, a site plan shall be developed for each
location at which mobile gaseous hydrogen fueling occurs.
aJ'p6 9ii: nlBlB 5pil 56 in 811jfiCient 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. (Ord. 22-2245, part, 2022; Ord.
I92 189, § l (p3l",), 2019)
16.40.300 Chapter 60 - Highly Toxic and Toxic
Materials.
Amend Section 6001.1 of the 2022 California Fire
Code to read as follows:
6001.I Scope. The storage and use of highly toxic,
toxic and moderately toxic materials shall comply with this
chapter. Compressed gases shall also comply witl-r Chapter
53.
Exceptions:
1. Display and storage in Group M and storage in
Group S occupancies complying with Section
5003.1 1.
2. Conditions involving pesticiaes or agricu2turai
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's instruction and label
directions.
2.2 Transportation of pesticides in compliance
with the Federal Hazardous Materials
Transportation Act and regulations
thereunder.
II
(i
2022 S-89
63 Fire Code 16.40.300
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.
Amend Section 6004. 1 of the 2022 California Fire
Code to read as follows:
6004.I General. The storage and use of highly toxic,
toxic, and moderately toxic compressed gases shall comply
with this section.
Amend Section 6004. 1. 1 of the 2022 California Fire
Code to read as follows:
6004.1.1 Special limitations for indoor storage and
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 hooas.
THRESHOLD QUANTITIES FOR
HIGHLY TOXIC, TOXIC AND MOW,RATELY
TOXIC GASES FOR INDOOR STORAGE AND
US'E
Highly Toxic 20
Toxic
Moderately Toxic
405 cubic feet
405 cubic feet
6004.l.l.2GroupRoccupancies, Highlytoxic.,
toxic and moderately toxic compressed gases
shall not be stored or used in Group R
occupancies.
6004.1.1.3 0ffices, 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 2022 California Fire
Code to read as follows:
6004.2 Indoor Storage and Uge. 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 2022 California Fire
Code to read as follows:
6004.2. 1 Applicability. The applicability of
regulations governing the indoor storage and use of highly
toxic, toxic, and moderately toxic compressed gases shall be
as set forth in Sections 6004.2. 1. 1 through 6004.2. 1.4.
Adopt Section 6004.2. 1.4 of the 2022 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 forfh in Table 6004.2.1.4 bllt net 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 6004.4.
Add Table 6004.2. 1.4 to the 2022 California Fire Code
to read as follows:
Add Section 6004.4 to the 2022 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 2022 California Fire Code
to read as follows :
2022 S-89
16.40.300 Cupertino - Buildings and Construction 64
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
Add Section 6004.4.2 to the 2022 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 2022 California Fire Code
to read as follows:
600443a P'ipihg apa ce.trais. Ii. additicri tc the
requirements of Section 5003.2.2, piping and controIs 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.
Exceptions:
1. Inlet connections designed to prevent
backflow.
2. Pressure relief devices.
Add Section 6004.4.4 to the 2022 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 2022 CaliforniaFire Code
to read as follows:
6004.4.5Treatmentsystems. Theexhaustventilation
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 shall be designed in accordance with
Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5
of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases -
storage. A treatment system is not required for
cylinders, containers and tanks in storage where
all of the following controls are provided:
1. 1 Vatve 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 containrnent 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, toxie, and moderately toxic gases
supplierl hy stationag 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 haye a sensing
interval not exceeding 5 minutes.
Automatic-cIosing fail- safe valves shall be
located immediately adjacent to cylinder valves
md shall close when gas is detected at the
permissible exposure limit (PEL) by a gas senscr
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 2022 California Fire
Code to read as follows:
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 2022 California Fire
Code to read as follows:
6004.4.5.2. Performance. Treatment systems shall be
designed to reduce the maximum allowable discharge
concentrations of the gas to one-half immediate by
2022 S-89
65 Fire Code 16.40.300
dangerous to life and health (IDLH) at the point of discharge
to 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 2022 California Fire
Code to read as follows:
6004.4.5.3. Sizing. Treatment systems shall be sized
to process the maximiun 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 eonsidered.
Add Section 6004.4.5.4 to the 2022 California Fire
COde [0 read aS F-0110'-'-'S:
6004.4.5.4Stationarytanks. Stationarytanksshallbe
labeled with the maximum rate of release for the compressed
ga8 COntaine(l based On 'v'al'v'eS Or fmlngS ffia[ are iriserted
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 2022 California Fire
Code to read as foIlows:
6004.4.5.5 Portable tanks and cylinders. The
maxii-num flow rate of rclease for portable tanks and
cylinders shall be calculated based on the total reIease 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
manufachirer 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 2022 California Fire Code
to read as follows:
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.
Add Section 6004.4.6.1 of the 2022 California Fire
Code to read as follows:
6004.4.6.1. Fail-safesystems. Emergencypowershall
not be required for mechanical exhaust ventilation and
treatment systems where approved fail-safe systems are
installed and designed to stop gas flow.
Add Section 6004.4. 7 of the 2022 California Fire Code
to re;iri as follows:
6004.4.7 Automatic fire detection system. An
approved automatic fire detection system shall be installed
H y@rBs or areas where pighly 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 2022 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
Iimit of the gas for which detection is provided.
Exceptions:
1. A gas detection system is not required For toxic
and moderately toxic gases when the
physioiogical warning meshoia level for tne gas
is at a Ievel 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.
Add Section 6004.4.8.1 of the 2022 California Fire
Code to read as follows:
6004.4.8.1. Alarms. ThegasdetectionsystemshaIl
initiate a local alarm and transmit a signal to an approved
location.
2022 S-89
i6.40.300 Cupertino - Buildings and Construction 66
Add Section 6004.4.8.2 of the 2022 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 rubing 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. (Ord. 22-2245, part, 2022; Ord.
29-2189, § 1 (part), 2019)
J6,40,320 6%ariiB; 62 Tinli50trl pBiy@lBpplP !
Gases.
Amend Section 6104.2 of the 2022 California Fire
Code as follows:
6104.2 Maximum capacitywithin 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 yiable
substitute for LPG. Portable containers for temporary
heating and/or cooking uses may be permitted if stored
and handled in accordance with this code. FaciIities in
commercial areas for refueling portable or mobile LPG
containers may be approved by the fire code official on
a case by case basis. (Ord. 22-2245, part, 2022; Ord.
19-2189, § 1 (part), 2019)
16.40.340 Chapter 64 - Pyrophoric Materials.
Add Section 6405.3.1 to the 2022 California Fire Code
to read as follows:
6405.3.1 Silane distribution systems automatic
shutdown. Silane distribution systems shall automatically
shut down at the source upon activation of the gas detection
system at levels above the alarm level and/or failure of the
ventilation system for the silane distribution system. (Ord.
22-2245, part, 2022; Ord. 19-2189, § 1 (part), 2019)
16.40.360 Chapter 80 - Referenced Standards.
Add the following Referenced Standard to Chapter 80
of the 2022 California Fire Code to read:
NFPA
855-20: Standard for the Installation of Stationary
Energy Storage Systems
(Ord. 22-2245, part, 2022)
16.40.380 Appendix B - Fire-Flow Requirements
for Buildings.
Amend Section B105.2 of Appendix B of the 2022
California Fire Code to read:
B105.2 Buildings other than one- and two-family
rlwellings, GT oup R-3 and R-4 buildings and townhouses.
The minimum fire-flow and flow duration for buildings
other than one- and two-family dwellings, Group R-3 and
R-4 buildings and townhouses shall be as specified in Tables
8 105. i(2 ) Blld 8 105, 2,
Exceptions: [SFM] Group B, S-2 and U occupancies
having a floor area not exceeding 1,000 square feet,
primarily constructed ofnoncombustible exterior walls
with wood or steel roof framing, having a Class A roof
assembly, with uses limited to the following or similar
uses :
1. California State Parks buildings of an accessory
nature (restrooms).
2. Safety roadside rest areas (SRRA), public
restrooms.
3. Truck inspection facilities (TIF), CHP office
space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and
salt.
The maximum fire fiow reauction for ali commercial
buildings greater than 30,000 square feet and
residential podium buildings shall not exceed 25
percent of the fire flow specified in Table B105. 1(2).
The maximum fire flow reduction for aIl other
buildings shall not exceed 50 percent of the fire flow
specified in Table B105.1(2). (Ord. 22-2245, part,
2022)
16.40.400 Appendix C - Fire Hydrant Locations
and Distribution.
Amend Section C102 of Appendix C of the 2m2
California Fire Code to read:
11, : l
2022 S-89
67 Fire Code 16.40.400
C102.1 Minimum number of fire hydrants for a
building. The number of fire hydrants available to a
building shall be not less than the minimum specified in
Table C102.1, utilizing the base fire flow without fire
sprinkler reduction. (Ord. 22-2245, part, 2022)
16.40.420 Appendix D - Fire Apparatus Access
Roads.
Delete Section D103.1 as follows:
Amend Section D103.2 as follows:
D103.2 Grade. The maximum grade of a fire
department apparatus access road shall not exceed
15-percent, unless approved by the fire code official.
AJnend SeCtlOn D103.3 aS F-01'-O'.'l'S:
D103.3 Turning radius. The required turning radius
of a fire apparatus access roads shall be a minimum of 30
feei iriside, arid a #am Of 50 feet O'ajSlde.
Amend Section D103.4 to read:
D103.4 Dead ends. Dead-end fire apparatus access
roads and/or driveways in excess of 150 feet (45 720 rum)
shall be provided with width and turnaround provisions in
accordance with Santa Clara Coiu'ity Fire Department
apparatus access and turnaround standards.
Amend Section D103.6 to read:
D103.6 Signs. Where required by the Fire Code
Official, fire apparahis access roads shall be designated and
marked as a fire lane as set forth in Section 22500. 1 of the
California Vehicle Code and the Santa Clara County Fire
Department A-6 Standard. Signs shall have a minimum
dimension of 12 inches (305 mrn) wide by 18 inches (457
mrn) high and have red letters on a white reflective
background. Signs shall be posted on one or both sides of
the fire apparaius road as required by Section D103.6.1 or
D103.6.2. (Ord. 22-2245, part, 2022)
[Next chapter begins on page 77.]
2022 S-89
Cupertino - Buildings and Construction 68
16.42
CHAPTER 16.42: PROPERTY MAINTENANCE CODE
A-. Theprovisionsofthe')021InternationalPropertyMaintenanceCodeandeachandalloftheregulations,provisions,
conditions and terms of the code are referred to as if fully set forth in this chapter, and are by such reference adopted.
B. One (1) copy of the code therefor 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. (Ord. 22-2245, part, 2022)
f
77
2022 S-89
Cupertino - Buildings and Construction 78
,,l
2016 S-59
16.54
CHAPTER 16.54: ENERGY CODE
A. The provisions of the 2022 California Energy Code 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, and are by such reference adopted.
B. One(1)copyofthecodethereforisonfileintheofficeoftheBuildingOfficialpursuanttoHealthandSafetyCode
Section 18942 and is made available for public inspection. (Ord. 22-2245, part, 2022)
91
2022 S-89
Cupertino - Buildings and Construction 92
t'
2022 S-89
16.58.010
CHAPTER 16.58: GREEN B[m,DING STANDARDS CODE
Section
16.58.010
6.58.015
6.58.020
6.58.030
6.58.040
6.58. 100
6.58. 110
6.58. 120
6.58. 130
i6.58. 140
16.58. 150
16.58. 160
16.58. 170
16.58. 180
16.58. 190
16.58.200
6.58.210
6.58.220
6.58.230
6.58.240
6.58.250
6.58.260
6.58.280
6.58.300
16.58.310
16.58.400
16.58.420
Adoption of the 2022 California
Green Building Standards Code.
Adoption of Appendix Chapters.
Local Amendments.
Title,
Scope.
Mandatory Requirements.
Project Types.
Resideritial Projects.
Residential New
Constniction-Equal to or less than
nine (9) homes.
Residential New
Construction-Greater than nine (9)
homes.
Major multi-family residential
renovations/additions.
Non-residential new construction,
small.
Non-residential new construction,
medium.
Non-residential new construction,
large.
Non-residential
renovations/additions, minor.
Non-residential
renovations/additions, major.
Tenant improvements.
Mixed-Use.
Table 101. 10-Added.
Alternate green building standards.
Verification.
Exemptions.
Definitions.
Compliance with local water-
efficient landscape
ordinance-Residential.
Compliance with local water-
efficient landscape ordinance -
Non-residential.
Electric vehicle (EV)
charging-Residential.
Electric vehicle (EV)
charging-Non-residential.
94A
16.58.010 Adoption of the 2022 California Green
Building Standards Code.
A. The provisions of the 2022 California Green
Building Standards Code 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, and, except as to
additions, deletions and amendments hereinafter described,
such code are hereby adopted and made a part hereof, the
same as if fully set fcrth in this Chapter.
1. In accordance with California Health and
Safety Code Sections 17958.7 and 18941.5, express findings
that modifications to the California Green Building
Sfan(laraS COde are rcaSCina!il:y' neCeSSal':y' because Of 10Cal
climatic, geological, or topographical conditions are either
already on file with the California Building Standards
Commission or will be filed prior to the ef[cctive date of the
ordinance codified in this Chapter.
B. One (1) copy of the code therefor 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. (Ord. 22-2245, part, 2022; Ord. 19-2193, § 2
(part), 2019)
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2022 California Green
Building Standards Code have been adopted. (Ord,
22-2245, part, 2022: Ord. 19-2193, Fg 2 (part), 2019)
16.58.020 Local Amendments.
The following provisions of this Chapter shall
constitute local amendments to the cross-referenced
provisions of the 2022 Califomia Green Building Standards
Code, and shall be deemed to amend the cross-referenced
sections of said Code with the respectiye provisions set forth
in this Chapter. (Ord. 22-2245, part, 2022; Ord. 19-2193,
§ 2 (part), 2019)
16.58.030 Title.
Amend Section 101.1 of the 2022 California Green
Building Standards Code to read as follows:
2022 S-89
16.58.030 Cupertino - Buildings and Construction 94B
101.1 Title. These regulations shall be known as the
California Green Building Standards Code as amended by
the City of Cupertino and may be cited as such and will be
referred to herein as "this code. " The Califomia Green
Building Standards Code as amended by the City of
Cupertino is an amendment to Part 11 of 12 parts of the
official compilation and publication of the adoption,
amendment and repeal of building regulations to the
California Code of Regulations, Title 24, also referred to as
the California Building Standards Code. (Ord. 22-2245,
part, 2022; Ord. 19-2193, 8, 2 (part), 2019)
16.58.040 Scope.
Amend Section 101.3 of the 2022 California Green
Building Standards Code to read as follows:
101.3 Scope. The provisions of this code shall apply to
the planning, aesign, cperation, constructian, hse ana
occupancy of every newly constnicted building or structure,
unless otherwise indicated in this code for the City of
Cupertino.
The California Green Building Standards Code also is
hereby amended to apply to additions, renovations and
tenant improvements of privately-owned buildings and
structures in accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be
identified as meeting the certification requirements of any
private,thirdpartygreenbuildingprograrn. (Ord.22-2245,
part, 2022; Ord. 19-2193, 8, 2 (part), 2019)
16.58.100 Mandatory Requirements.
Amend Section 101. 10 of the 2022 California Green
Building Standards Code to read as follows:
101.10 Mandatory requirements. This code contains
mandatory green buiIding measures. In addition, this
Chapter contains required minimum greenbuildingmeasures
as amended by the City of Cupertino. All new buildings and
structures, additions, renovations and tenant improvements
subject to requirements in Table 101. 10 shall comply with
the mandatory measures of the 2022 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. (Ord. 22,2245, part, 2022; Ord. 19-2193, e) 2
(part), 2019)
16.58.110 Project Types.
Add Section IOI.IO.I of the 2022 California Green
Building Standards Code to read as follows:
101.10.1 Project Types - as set forth in Table 101. 10.
(Ord. 22-2245, part, 2022; Ord. 19-2193, FJ2 (part), 2019)
16.58.120 Residential projects.
Add Section 101.10. 1. 1 of the 2022 California Green
Building Standards Code to read as follows:
101.10.1.1 Residential p rojects - as set for in Table
IOI.IO. (Ord. 22-2245, part, 2022; Ord. 19-2193, § 2
(part), 2019)
16.58.130 Residential New Construction-Equal to
or less than nine (9) homes.
Add Section 101. 10. 1. 1. 1 ofthe 2022 CaliforniaGreen
Building Standards Code to read as follows:
101.10.1.1.1 Residential new construction - Equal
ta cr less tha= nine (9) homes - as set forth in Tab]e
101.10. (Ord. 22-2245, part, 2022; Ord. 19-2193, 8) 2
(part), 2019)
I/a €Q Izln Dociaoritial Notxi (' nychanrtinn Qrpahsr
1110 .t Ll 0 l'lll ik5 .J # u &% & At*€ A ) % - I + +++ = - % - - - - - - - - - - -
than nine (9) homes.
Add Section 101.10. 1. 1.2 ofthe 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.2 Residential new construction
Greater than nine (9) homes or more - as set forth in
Table 101. 10. (Ord. 22-2245, part, 2022; Ord. 19-2193, !12
(partl 20I9)
16.58.150 Major multi-family residential
renovations/additions.
Add Section 101. 10. 1.1.3 ofthe 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.3 Major multi-family residential
renovations/additions - as set forth in Table 101.10.
Requirements shall only apply to the area of renovation/
addition. (Ord. 22-2245, part, 2022; Ord. 19-2193, § 2
(part), 2019)
16.58.I60 Non-residential new construction,
sman.
Add Section 101. 10. 1.1.4 ofthe 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.4 Non-residential new construction,
small - as set forth in Table 101. 10. (Ord. 22-2245, part,
2022; Ord. 19-2193, 8, 2 (part), 2019)
2022 S-89
94C Green Building Standards Code 16.58.170
16.58.170 Non-residential new construction,
medium.
Add Section 101. 10. 1. 1.5 of the 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.5 Non-residential new construction,
medium - as set forth in Table 101. 10. (Ord. 22-2245, part,
2022; Ord. 19-2193, 8, 2 (part), 2019)
16.58.180 Non-residential new construction, large.
Add Section 101. 10. 1. 1.6 of the 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.6 Non-residential new construction,
large - as set forth in Table 101. 10. (Ord. 22-2245, part,
2022; Ord. 19-2193, e) 2 (part), 2019)
q z' eo * oh
1U..X).171J NOn-reSfaenfial renO-;aetOnS/aad!f!OnS,
minor.
Add Section 101. 10. 1. 1. 7 of the 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.7 Non-residentialrenovations/additions,
minor - as set forth in Table 101. 10. Requirements shall
only apply to the scope of work of renovation/addition.
(Ord. 22-2245, part, 2022; Ord. 19-2193, 8) 2 (part), 2019)
16.58.200 Non-residential renovations/additions,
major.
Add Section 101. 10. 1. 1.8 of the 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.8 Non-residentialrenovations/additions,
major - as set forth in Table 101.10. Requirements shall
only apply to the area of renovation/addition. (Ord.
22-2245, part, 2022; Ord. 19-2193, 8) 2 (part), 2019)
16.58.210 Tenant Improvements.
Add Section 101. 10. 1. 1.9 of the 2022 California Green
Building Standards Code to read as follows:
101.10.1.1.9 Tenant Improvements. Except as
specified herein, the provisions of this code shall apply to
the applicable tenant or occupant improvements to a project.
(0yJ 222245, pByi 202"))
16.58.220 Mixed-Use.
Add Section 101. 10. 1. 1.9 of the 2022 California Green
Bvtldrrig Sta",dards Cede tc read as f'OllO'-VS:
101.10.1.1.9 Mixed-Use - as set forth in Table
101.10. (Ord. 22-2245, part, 2022; Ord. 19-2193, e, 2
(part), 2019)
16.58.230 Table 101.10-Added.
Add Table 101.10 of the 2022 California Green
Building Standards Code to read as follows:
Project Type A'liniinum Greea Bailding
Requireinent
Required Verification
A. NEW CONSTRUCTION
Residential
Single Family and Muiti-Family
homes equal to or less than 9
homes:
* CALGreen Building Code in
accordance with CALGreen's
minimum thresholds.
City Review
Single Family and Multi-Family
homes greater than 9 homes:
* GPR certified at minimum 50
points or
* LEED Silver or
* Alternate Reference Standard
per Section 101. 10.2
Third Party GPR or LEED
certification as applicable
Alternate Reference Standard: See
Section 101.10.2
2022 S-89
16.58.230 Cupertino - Buildings and Construction 94D
Project Type Miniinuin Green Bui(ding
Requirement
Required Verificaaon
Non-Residential
Small, less than 25,000 SF:ii CALGreen Building Code * per
Chapter 5 of the California
Green Building Standards Code
City Review
Mid-size, from 25,000 to 50,000
SF:
0 LEED Certified or
* Alternate Reference Standard
per Section 101.10.2
Third Party LEED Certification
Alternate Reference Standard: See
Section 101.10.2
Large, greater than 50,000 SF:* LEED Silver or
* Alternate Reference Standard
per Section 101. 10.2
Third Party LEED Certification
Alternate Reference Standard: See
Section 101.10.2
-B. R_b-NOVATiONS AND ADDiTiONS
Residential
Qtmr1p-f'gmilv
---6----!
* CALGreen Building Code in
accordance with CALGreen's
minimum thresholds.
City Review
Multi-family (minor) :* CALGreen Building Code in
accordance with CALGreen's
minimum tl'u'esholds.
City Review
Multi-family (major): Renovations
and/or additions with a Floor Area
Ratio (FAR) increase >_ 50% and at
least 35,000 square feet, and that
replace or substantially alter the
HVAC system and at least two of the
following: building envelope, hot
water system and lighting system.
* GPR minimum 50 pts or
* LEED Certified or
ii LEED EBOM Certified or
ii Alternate Reference Standard
per Section 101. 10.2
Third Party GPR or LEED
Certification as applicable
Alternate Reference Standard: See
Section 101.10.2
I
Non-Residential
Minor: Renovations and/or additions
that do not meet the higher thresholds
for "major renovations and additions"
outlined as defined in (ii) below.
* CALGreen Building Code in
accordance with CALGreen's
minimum thresholds.
City Review
Major: Renovations and/or additions
that comprise at least 35,000 square
feet, and replace or substantially alter
the HVAC system and two of the
Following: building envelope, hot
water system, and lighting system.
* LEED Certified (applicable only
to the area of renovation/
addition) or
' LEED EBOM Certified or
* Alternate Reference Standard
per Section 101. 10.2
Third Party LEED Certification
Alternate Reference Standard: See
Section 101.10.2
2022 S-89
94E Green Building Standards Code 16.58.230
Mixed-Use
For new and renoyation/addition projects with residential and non-residential components, the use shall comply by
either:
1. Meeting the applicable requirements for each use; or
2. Meeting the applicable requirements for the use that comprises the majority of the project's square footage where
uses are attached and/or combined in a building.
Notes:
"Major" renovations and/or additions apply only to the area of the renovation/addition unless the LEED EBOM
Certified option is selected.
*Chapter 5 of the California Green Building Standards Code (Cal Green Mandatory) requirements shall only be applied
to elements included in the scope of a project, unless otherwise required by the California Green Building Standards
Code.
(Ord. 22-2245, part, 2022; Ord. 194193, 8, 2 (part), 2019)
16.58.240 Alternate green building standards.
Add Section 101. 10.2 of the 2022 California Green
Building Standards Code to read as follows:
101.10.2 Alternate green building standards. The
applicant may request to apply an alternate green building
standard for a project in lieu of the minimum standards per
Table 101. 10. In making a determination in response to an
application under this section, the Building Official may
allow an alternate standard if he/she finds that the proposed
alternative standard complies v,iith all of the following:
A. Addresses a comprehensive scope of green
building issues including energy efficiency, water
efficiency, resource efficient materials, and
healthy building practices;
B. Applies standards that are, when taken as a
whole, as stringent as the GPR and LEED
stanaaras ;
C. Includes a formalized certification process that
incorporates third party verification; and
D. The project will advance the purposes of this
Chapter. (Ord. 22-2245, part, 2022; Ord.
19-2193, § 2 (part), 2019)
16.58.250 Verification.
Amend Section 102.3 of the 2022 California Green
Building Standards Code to read as follows:
102.3 Verification. Documentation of conformance
for applicable green building measures shall be proyided to
the City of Cupertino. Verification that the project meets the
applicable environmental standards occurs through either the
Third Party process or City Review per the requirements in
Table 101.10. The following lists the verification
requirements for Third Party verification, and alternative
methods:
A. Third Party Certification. A project will be
required to meet the Third Party certification
process if the City determines that the project
meets or exceeds the applicable thresholds listed
in Table 101. 10. The applicant shall submit all
of the following to the City, in addition to other
application requirements, to assist the City in
determining compliance with the green building
requirements :
1 , Planning Application. A green building
checklist that includes cross-references to
appropriate locations in the construction
documents for all prerequisites and selected
poiats Or credits that demonstrates that the
proposed project meets the applicable
minimum requirements.
2 . Building Permit.
a. Proof of project registration with
administrating body of the applicable
reference standard, and
b. A green building checklist that
includes cross-references to
appropriate locations in the
c.onstruction documents for all
prerequisites and selected points or
credits; that demonstrate that the
proposed project meets the applicable
minimum requirements, and
2022 S-89
16.58.250 Cupertino - Buildings and Construction 94F
3.
4.
Green Building Deposit. The green building
deposit in an amount that may be set from
time to time by resolution of the City
Council. The applicant may provide the
deposit in the form of cash or in any other
form that the City finds acceptable to meet
the purposes of this Section. The full
amount of the depnsit shall he returned
upon the certification document being
provided per 102.3 (A)(4). If however, the
project does not meet the requirements of
this Chapter, as applied to the project, then
the City shall retain the full amount of the
deposit, and shall use the deposit solely to
adyance the purposes of this Chapter.
Time Limit. Within 18 months of Final
Occupancy - Provide certification document
far LEED, GPR cr alternate ratu'ig standard
in a form accepted by the City per Table
101. 10. The Building Official may grant a
one-time 6-month extension. (Ord.
22-2245, -paI'[, 2022; era. 19-2193, § 2
(part), 2019)
16.58.260 Exemptions
Added Section 102.3. 1 of the 2022 California Green
Building Standards Code to read as follows:
102.3.I Exemptions. The Building Official shall
determine the maximum feasible threshold of compliance
reasonably achievable for the project. Projects that are
exempted from the requirements of the California Green
Building Standards Code as amended by the City of
Cupertino shall meet the requirement in section A and at
least one of the requirements in sections B-D:
A. Projects that demonstrate that it is not feasible for
ffie project to fully meet the green building
requirements and that the purposes of this chapter
will havie been achieved to the maximum extent
possible shall be exempted only for the specific
rating system prerequisite that has been
determined to be infeasible.
B. Projects that demonstrate compliance with this
code but which will conflict with the Cupertino
General PIan and/or Municipal Code Ordinance,
such as those requiring historic preservation as
determined by the Director of Cornrnunity
Deyelopment; or
C. Projects that demonstrate compliance with this
code but which will conflict with the California
Building Standards Code; or
D. Projects with atypical energy-reIated design
requirements and/or patterns of use that make
compliance with the thresholds of this code
infeasible. (Ord. 22-2245, part, 2022; Ord.
19-2193, e, 2 (part), 2019)
16.58.280 Definitions.
Amend Section 202 of the 2022 CaIifornia Green
Building Standards Code to add or amend the following
definitions:
Affordable Housing. Residential buildings that
entirely consist of units below market rate and whose
rents or sales prices are governed by local agencies to
be affordable based on area median income.
Decision maker. The person or entity with final
apprcval apthoriivy OVer the linderlying project.
Direct Current Fast Charging (DCFC). A parking
space provided with electrical infrastruchire that meets
t"e fC}llO'%!lIla g ccndi ticris :
A. A rninirnum of 48 kVa (480 volt, 100-ampere)
ca.paciff wiring.
B. Electric vehicle supply equipment (EVSE)
located within three (3) feet of the parking space
providing a minimum capacity of 80-ampere.
Green Buildtng Checklist. A checklist, typically with
prerequisites and credits and/or points that is
aeveIopeJ by the administrators of green buiMiixg
certification systems and used to determine whether a
development project can achieve certification.
Green Point Rated (GPR). A residential green
building rating system developed by Build It Green.
Projects cai'i use any of the adopted GPR checklists that
most appropriately apply to the project type proposea.
Leadership in Energy and Environmental Design
(LEED). A green building rating system developed by
the U. S. Green Building Council for residential and
non-residential projects. Projects can use any of the
adopted LEED checklists thatmost appropriately apply
to the project type proposed.
Electric Vehicle Supply Equipment (EVSE). The
conductors, including the ungrounded, grounded and
equipment grounding conductors and the electric
yehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatus installed
specifically for the purpose of transferring energy
between the premises wiring and the electric vehicle.
f-i
2022 S-89
94G Green Building Standards Code 16.58.280
Level 2 EV Capable. A parking space provided with
electrical infrastnicture that meets the following
requirements :
A. Conduit that links a listed electrical panel with
sufficient capacity to a junction box or receptacle
located within three (3) feet of the parking space.
B. The conduit shall be designed to accommodate at
least 8.3 kVa (208/240 volt, 40-ampere) per
parking space. Conduit shall have a minimum
nominal trade size of 1 inch inside diameter and
may be sized for multiple circuits as allowed by
the California Electrical Code. Conduit shall be
installed at a minimum in spaces that will be
inaccessible after construction, either trenched
underground or where penetrations to walls,
floors, or other partitions would otherwise be
required for future installation of branch circuits,
and such additional elements deemed necessary
by the Building Official. Construction documents
shall indicate future completion of conduit from
the panel to the parking space, via the installed
2naCCCSSl"ilC COnCl'illf,
C. The electrical panel shall reserve a space for a
40-ampere overcurrent protective device space(s)
for EV charging, labeled in the panel directory as
"EV CAPABLE. "
D. Electrical load calculations shall demonstrate that
the electrical panel service capacity and electrical
system, including any on-site distribution
transformer(s), have sufficient capacity to
simultaneously charge all E-Vs at an requirea EV
spaces at a minimum of 40 amperes.
E. The parking space shall contain signage uiith at
least a 12" font adjacent to the parking space
indicating the space is EV Capable.
Level I EV Ready. A parking space that is served by
a complete electric circuit with the following
requtrements:
A. A rninirnum of 2.2 kVa 010/120 volt, 20-
ampere) capacity wiring.
B. A receptacle labeled "Electric Vehicle Outlet" or
electric vehicle supply equipment located within
three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE
shall be 16-ampere.
C. Conduit oyersized to accommodate future Level
2 EV Ready (208/240 volt, 40-ampere) at each
parking space.
Level 2 EV Ready. A parking space that is served by
a complete electric circuit with the following
requirements:
A, A minimum of 8.3 kVa (208/240 volt, 40-
ampere) capacity wiring.
B. A receptacle labeled "Electric Vehicle Outlet" or
electric vehicle supply equipment located within
three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE
shall be 30-ampere.
Low Power Level 2 EV Ready. A parking space that
is served by a complete electric circuit with the
following requirements:
A. A minimum of 4.1 kVA (208/240 Volt, 20-
ampere) capacity wiring.
B. A receptacle labeled "Electric Vehicle Outlet" or
eiec.tric vehicle siipply equipment located within
three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE
shall be 16-ampere.
r). Cchdiiit cversized tO accrimmodate fiiture T.evel
2 EV Ready (208/240 volt, 40-ampere) at each
parking space.
Low Power Level 2 Electric Vehicle (EV) Charging
Receptacle. [HCD] A 208/240 Volt 20- ampere
minimum branch circuit and a receptacle for use by an
EV driver to charge their electric vehicle or hybrid
electric vehicle.
Mtnimum Green Building Requirement. The
minimum green building requirement that applies to a
particular project, as listed in column 2 of Table
101.10.
Required Verification. The standards that correspond
to the requirements of a particular green buii&ing
rating system and project type, as listed in column 3 of
Table 101. 10, for which verification procedures are
fully set forth in Section 102.3.
Feasible. Capable of being accomplished in a
successful manner within a reasonable period of time,
t ag into account economic, environmental, social,
and technological factors.
(Ord. 22-2245, part, 2022; Ord. 19-2193, 8) 2 (part), 2019)
16.58.300 Compliance with local water-efficient
landscape ordinance-Residential.
Add Section 4.304. 1. 1 of the 2022 California Green
Building Standards Code to read as follows:
2022 S-89
16.58.300 Cupertino - Buildings and Construction 94H
4.304.1.1 Compliance with local water-efficient
landscape ordinance. Residential projects must comply
withthe City of Cupertino's Landscape Ordinance, pursuant
to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019)
16.58.310 Compliance with local water-efficient
landscape ordinance-Non-Residential.
Add Section 5.304.1. 1 of the 2022 California Green
Building Standards Code to read as follows:
5.304.1.1 Compliance with local water-efficient
landscape ordinance. Non-residential projects must comply
with the City of Cupertino's Landscape Ordinance, pursuant
to Chapter 14.15 of the Cupertino Municipal Code. (Ord.
22-2245, part, 2022; Ord. 19-2193, § 2 (partl 2019)
26,58,400 ,nl(i(;i;i< y(4i01(i (EV)
Charging-Residential.
Amend Section 4. 106.4 of the 2022 California Green
Building Standards Code to read as follows:
4.106.4 Electric Vehicle (EV) Charging. Residential
constniction shall comply with Section 4.106.4.1 or
4. I06.4.2, and 4. 106.4.3, to facilitate fumre installation and
use of EV chargers. Electric vehicle supply equipment
(EVSE) shall be installed in accordance with the California
Electrical Code, Article 625. For EVCS signs, refer to
Caltrans Traffic Operations Policy Directive 13-01 (Zero
Emission Vehicle Signs and Pavement Markings) or its
successor(s). Calculation for spaces shall be rounded up to
the nearest whole number.
Exceptions:
1. On a case-by-case basis, wliere the local
enforcing agency has determined E'S' eharging
and infrastructure are not feasible based upon one
or more of the jollowing conditions:
1. 1. Where there is no local ritility power supply or
the local utility is unable to supply adequate
po'gver.
1.2. Where there is evidence suitable to the local
enforcing agency substantiating that additional
local utility infrastructure design requirements,
directly related to the implementation of Section
4.106.4, may increase construction cost by an
:average of $4,500 per parking space for market
rate housing or $400 per parking space for
affordable housing. EV infrastructure shall be
provided up to the level that would not exceed
this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior
Accessory Dwelling Units (JADU) without
additional parking facilities and without electrical
panel upgrade or new panel installation.
Detached ADUs, attached ADUs, and JADUs
without additional parking but with electrical
panel upgrades or new panels musthave reserved
breakers and electrical capacity according to the
requirements of 4. 106.4. 1.
3. Multifamily residential R-2 building projects that
have approved entitlements before the code
effective date.
4.106.4.1 0ne- and Two-Family Dwellings and
Town-Houses with Private Garages.
4.106.4.1.1 New Construction. One parking
spae.e pi-ovided shall be a Level 2 EV Ready space. If
a second parking space is provided, it shall be provided
with a Level l EV Ready space.
4,!06,4I,2, Eyisting n uilding. Parking
additions or electrical pmel upgrades must have
reserved breaker spaces and electrical capacity
according to the requirements of 4. 106.4.1.1.
4.106.4.2 Multifamily Dwellings with
ResidentialParkingFacilities. Requirements applyto
parking spaces that are assigned or leased to individual
dwelling units, as well as unassigned residential
parking. VlSltOr Or COl]lnlOn area parkjng !S net
included.
4.l06.4.2.i New Construction. Forty percent
(40%) of dwelling units with parking spaces shall be
ES7CS with Level 2 EV Ready. ALMS shall be
permitted to reduce load when multiple vehicles are
charging. Sixty percent C6U%:) Of aweiiing 11niKS Wl'[h
parking spaces shall be provided with at minimum a
Level 1 EV Ready space. EV ready spaces and EVCS
in multifamily developments shall comply with
California Building Code, Chapter 11A, Section
1109A. EVCS shall comply with the accessibility
provisions for BV chargers in the California Building
Code, Chapter 11B.
Note: The total number of EV spaces should be
one-hundred percent (100%) of dwelling units or one-
hundred percent (100%) of parking spaces, whichever
is less.
2022 S-89
94I Green Building Standards Code 16.58.400
4.106.4.2.2 Existing Buildings.
1. When new parking facilities are added, or
electrical systems or lighting of existing
parking facilities are added or altered and
the work requires a building permit, ten
percent (10%) of the total number of
parLing spaces added or altered shall be
EVCS. Any existing EV Capable spaces on
the building property required by the locally
adopted codes at the time of building permit
shall be upgraded to a minimum of Level 1
EV Ready. Upgrades shall be required at
currently designated vehicle parking spaces.
Upgrades shall be required for remaining
parking spaces after meeting the
accessibility requirements of California
Building Cede Chapters 1 IA and 1 IB.
2. When new parking facilities are added and
ALMS is installed, the ALMS system must
be aeSig-lie(i tO deliVer nO leSS than 2.2 kVa
(110/120 volt, 20-ampere).
4.106.4.3 Electric Vehicle Charging Stations
(EVCS).
Electric vehicle charging stations required by
Section4. 106.4.2 shall comply with Section 4. 106.4.3.
Exception: Electric vehicle charging stations serving
public accommodations, public housing, motels, and
hotels shall not be required to comply with this section.
See California Building Code, Chapter 11B, for
applicable requirements.
4.106.4.3.1 Location.
EVCS shall comply with at least one of the
following options:
1.
2.
The charging space shall be located adjacent to an
accessible parking space meeting the
requirements of the California Building Code,
Chapter 11A, to allow use of the EV charger
from the accessible parking space.
The charging space shall be located on an
accessible route, as defined in the California
Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations
designed and constructed in compliance with the
California Building Code, Chapter I IB, are not
required to comply with Section 4. 106.4.3. 1 and
Section 4. 106.4.3.2, Item 3.
4.106.4.3.2 Dimensions.
The charging spaces shall be designed to comply
with the following:
1. The minimum length of each EV space shall be
18 feet (5486 mm).
2. The minimum width of each EV space shall be 9
feet (2743 mm).
3. One in every 25 charging spaces, but not less
than one, shall also have an 8- foot (2438 mm)
svide rninimurri aisle. A 5-foot (1524 rmn) wide
minimum aisle shall be permitted provided the
rni nimum width of the EV space is 12 feet (3658
rum).
a. Surface slope for this EV space and the
aisle shall not exceed 1 unit vertical in 48
units horizontal (2.083 percent slope) in any
direction.
Exception: Where the City's Municipal or
Zoning Code permits parking space
dimensions that are less than the minimum
requirements stated in this section
4. 106.4.3.2, andthecompliancewithwhich
would be infeasible due to particular
circumstances of a project, an exception
may be granted while remainiiig in
compliance with California Building Code
Section Table I IB-228.3.2. 1 and 1 IB-812,
as applicable.
4.106.4.4 Direct Current Fast Charging
Stations. One DCFC may be substituted for up to five
(5) EVCS to meet the requirements of 4. 106.4. 1 and
4.106.4.2. \i7here ALMS serve DCFC stations, the
power demand from the DCFC shall be prioritized
above Level 1 and Level 2 spaces. (Ord. 22-2245,
part, 2022; Ord. 19-2193, § 2 (part), 2019)
16.58.420 Electric vehicle (EV)
charging-Non-Residential.
Amend Section 5. 106. 5.3 of the 2022 California Green
Building Standards Code to read as Follows:
2022 S-89
16.58.420 Cupertino - Buildings and Construction 94J
5.106.5.3 Electric Vehicle (EV) Charging.
Construction to provide electric vehicle infrastructure and
facilitate electric vehicle charging shall comply with Section
5.106.5.3.1 and shall be provided in accordance with
regulations in the California Building Code and the
California Electrical Code. Accessible EVCS shall be
provided in accordance with the California Building Code
Chapter 11B Section !IB-')28.3. For EVCS signs, refer to
Caltrans Traffic Operations Policy Directive 13-01 (Zero
Emission Vehicle Signs and Pavement Markings) or its
successor(s). Calculation for spaces shall be rounded up to
the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing
agency has determined compliance with this section is
net feaSl51e 5aSed upon One Of jhe fOllO!,'-'Ing
conditions:
a. Where there is no local utility power supply.
'0. Where ffie 10Cal titility is tl=able TO s'apply
adequate power.
c. Where there is evidence suitable to the local
enforcement agency substantiating that additional
local utility infrastructure design requirements,
directly related to the implementation of Section
5. 106.5.3, may increase construction cost by an
ayerage of $4,500 per parking space. EV
infrastruchire shall be provided up to the level
that would not exceed this cost for utility service.
2. Parking spaces accessible only by automated
mechanical car parking systems are not required to
comply with this code section.
5.106.5.3.1 Nonresidential Occupancy Class B
Offices - Shared Parking Space.
5.106.5.3.1.1 New Construction. Twenty
pcrcent (20%) of parking spaces shall be EVCS with
Level 2 EV Ready. ALMS shall be permitted to reduce
load when multiple vehicles are charging. Thirty
percent (30%) of parking spaces prov.ided shall be
Level 2 EV Capable.
5.106.5.3.1.2 Existing Buildings. 17i7hen new
parking facilities are added, or electrical systems or
lighting of existing parking facilities are added or
altered and the work requires a building permit, ten
percent (10%) of the total number of parking spaces
added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the
building property required by the locally adopted codes
at the time of building permit shall be upgraded to a
minimum of Level 1 EV Ready. Upgrades shall be
required at currently designated vehicle parking
spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility
requirements of California Building Code Chapters
1IA and 1IB.
5.106.S.3.2 Hotel and Motel Occupancies
Shared Parking Facilities.
5.106.5.3.2.1 New Construction. Five percent
(5 %) of parking spaces provided shall be EVCS with
Level 2 EV Ready. ALMS shall be permitted to reduce
load when multiple vehicles are charging. Twenty-five
p(yr:('yit(25%)ofparLingspacesprovirie6 shall beI-ow
Power Level 2 EV Ready space. Ten percent (10%) of
parking spaces provided shall be Level 2 EV Capable.
5.106.5,3.2.2 Eisti"g Bvila'ings. X7en neW
parking facilities are added, or electrical systems or
lighting of existing parking facilities are added or
altered and the work requires a building permit, ten
percent (10%) of the total number of parking spaces
added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the
building property required by the locally adopted codes
at the time of building permit shall be upgraded to a
minimum of LeveIi 1 E-v' Ready. Upgrades shall be
required at currently designated vehicle parking
spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility
requiren'ients of California Building Code Chapters
11A and 11B.
5.106.5.3.3 All Other Nonresidential Occupancies
Shared Parking Facilities.
5.106.5.3,3.1 New Construction. Ten percent
(10%) of parking spaces provided shall be EVCS with
Level 2 B'i7 Ready. ALMS shall be permitted to reduce
load when multiple vehicles are charging. Ten percent
(10%) of parking spaces proyided shall be Level 2 BV
Capable.
5.106.5.3.3.2 Existing Buiidings. When new
parking facilities are added, or electrical systems or
lighting of existing parking facilities are added or
altered and the work requires a building permit, ten
percent (10%) of the total number of parking spaces I
2022 S-89
94K Green Building Standards Code 16.58.420
added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the
buildingproperty required by the locally adopted codes
at the time of building permit shall be upgraded to a
minimum of Level 1 EV Ready. Upgrades shall be
required at currently designated vehicle parking
spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility
requirements of California Building Code Chapters
1IA and 1IB.
5.106.5.3.4 Direct Current Fast Charging
Stations. One DCFC may be substituted for up to five
(5) EVCS to meet the requirements of 5.106.5.3.1,
5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve
DCFC stations, the power demand from the DCFC
shall be prioritized above Level 1 and Leyel 2 spaces.
5.106.5.4 Electric Vehicle Charging Readiness:
Medium-Duty and Heavy-Duty. Construction shall comply
with Section 5. 106.5.4. 1 to facilitate future installation of
eleCtr'll.;- VelliCle Sllppl7 eqaaip-iue=j (EVSE). COnStraCtiOn far
warehouses, grocery stores and retail stores with planned
off-street loading spaces shall also comply with Section
5.106.5.4.1 for future installation of medium- and
heavy-duty EVSE. Accessible EVCS shall be provided in
accordance with the California Building Code Chapter I IB
Section 11B-228.3. For EVCS signs, rder to Caltrans
Traffic Operations Policy Directive 13-01 (Zero Emission
Vehicle Signs and Payement Markings) or its successor(s).
Exceptions:
L On a case-by-case basis where the focal enforcing
agency has determined compliance with this section is
not feasible based upon one of the following
conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply
adequate power.
c. Where there is evidence suitable to the local
enforcing agency substantiating that additional
local utility infrastructure design requirements,
directly related to the implementation of Section
5.106.5.3, may increase construction cost by an
average of $4,500 per parking space. EV
infrastructure shall be provided up to the level
that would not exceed this cost for utility service.
5.106,5.4.1 Warehouses, Grocery Stores and
Retail Stores with Planned Off-Street Loading
Spaces.
In order to avoid future demolition when adding
EV supply and distribution equipment, spare
raceway(s) or busway(s) and adequate capacity for
transformer(s), service panel(s) or subpanel(s) shall be
installed at the time of constniction in accordance with
the California Electrical Code. Construction plans and
specifications shall include, but are not limited to, the
following:
1. The transformer, main service equipment and
subpanels shall meet the minimum power
requirement in Table 5.106.5.4.1 to
accommodate the dedicated branch circuits for
the future installation of EVSE.
2. "'rp: constniction rloeuments shall indicate One Or
more location(s) convenient to the planned
off-street loading space(s) reserved for mediurn-
and heavy-duty EV charging cabinets and
(hggip,g DISPENSERS, zd q p3iT'ly3y yB5pyy(d j@y
routing of conduit from the termination of the
raceway(s) or busway(s) to the charging
cabinet(s) and dispenser(s), as shown in Table
5.106.5.4.1.
3 , Raceway(s) or busway(s) originating at a main
service panel or a subpanel(s) serving the area
where potential future medium- and heavy-duty
EVSE will be located and shall terminate in close
proximity to the potemial future location of the
charging equipment for medium- and heavy-duty
vehicles.
4 . The raceway(s) or busway(s) shall be of
sufficient size to carry the minimum additional
system load to the future location of the charging
for medium- and heavy-duty EVs as shown in
Table 5. 106.5.4. 1.
2022 S-89
16.58.420 Cupertino - Buildings and Construction 94L
TABLE 5.106.5.4.1, Raceway Conduit and Panel Power
Requirements for Medium-and-Heavy-Duty EVSE
Building type Building Size (sq. ft.)Number of Off-street
loading spaces
Additional capacity Required (kVa) for
Raceway & Busway and Transformer
& Panel
Grocr:ry 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than 90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
3 or Greater 400
Greater than 135,000 1 or Greater 400
Warehouse 20,000 to 256,000 1 or 2 200
3 or Greater 400
t_i-reater than 256,000 i or Greater 400
(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019)
2022 S-89
16.62
CHAPTER 16.62: HISTORICAL BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2022 California Historical Building Code 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 therefor 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. (Ord. 22-2245, part, 2022)
96A
2022 S-89
Cupertino - Buildings and Construction 96B
t.
16.64
CHAPTER 16.64: EXISTING Bun,DING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2022 California Existing Building Code and
specified Appendices and each and all of the regulations, provisions, c.onditions 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)copyofeachvolumeofthecodethereforisonfileintheofficeoftheBuildingOfficialprirsuanttoHealth
and Safety Code Section 18942 and is made available for public inspection. (Ord. 22-2245, part, 2022)
96C
2022 S-89
Cupertino - Buildings and Construction 96D
yf -
16.68
CHAPTER 16.68: REFERENCED STANDARDS CODE
A. The provisions of the 2022 California Referenced Standards Code 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 therefor 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. (Ord. 22-2245, part, 2022)
96E
2022 S-89
Cupertino - Buildings and Construction 96F
l"
Comprehensive Ordinance List
Ord. No.
20-2200
20-2203
20-2204
20-2205
20-2207
20-2208
20-2209
20-2210
20-2211
20-2213
Amends §§ 3. 12.020, 3. 12.050,
3. 12.070 (Transient Occupancy Tax),
§ 19.08.030 (definitions), §§ 19.I2.090,
19.12.120, 19.12.150, 19.12.080,
19.20.020 and 19. 120.050, creating
Chapter 5.08 (Short-term Rental
Activigi), regulating short-term rental
uses in residential zoning districts (3. 12,
5.08, 19.08, 19.12, 19.20, 19.120)
Amends §§ 1.04.010 through I.04.060
(adds new § 1.04.030) general
provisions; repeals and readopts Ch.
1.08 (1.08.010 and 1.08.020) right of
entry for inspection; repeals and
readopts Ch. 1.09 (§§ 1.09.010 through
1.09.110) nuisance abatement; repeals
ai-ia readcpts ch. 1. 10 (§§ 1. 10.010
through 1. 10. 180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty and
Criminal Enfurcernent), M-ne-iids
53 1. 12.010 and § 1. 12.020 and repeals
§ 1.12.030 (1.04, 1.08, 1.09, 1.10,
1.12)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends § 2.88.100, duties-powers-
responsibilities (2.88)
Adopts F;) 2.20. 120, electronic filing of
campaign statements (2.20)
Amends 011.24.150, parking
prohibited along certain streets (11.24)
Urgency ordinance temporarily waiving
permit fees for certain temporary
commercial signs and banners (Not
Codified)
Amends !J§ 10.48.010, 10.48.051,
cornrnunity noise control for leaf blower
regulations (10.48)
Ord. No.
20-2214
20-2215
20-2216
20-2218
21-2220
21-2222
21-2223
21-2225
21-2226
Amends % 2.04.010, 2.28.040,
8,01.090, 11.08.061 and 13.04.190,
repealing §§ 11.08.040, 11.08.050,
11.08.060, 11.08.070, 11.08.080,
11.08.090, 11.08.100, 11.08.110 and
11.08. 120, concerning regular meetings
of the City Council, concerning gowers
and duties of the City Manager,
concerning animals in city buildings,
concerning bicycle licensing and
registration, and concerning activities
prohibited in city parks (2.04, 2.28,
8.01, 11.08, 13.04)
Amends § 3.37.040, minimum wage
(3.37)
Amends Ch. 2.40 title and §§ 2.40.010,
z.4@.r3zr, 2,40,040, 2.40.050,
2.40.060, 2.40.080, and 2.40.110,
regarding emergency management
program and disaster council; adds
!, 1.4@.(,30 (1.4@)
Amends §§ 6.24.010, 6.24.020,
6.24.030, 6.24.035, 6.24.037,
6.24.080, 6.24.120, 6.24.150,
6.24.160, 6.24. 170, and 6.24. 180,
regarding solid waste collection (6.24)
Amends Ch. 5.48 in full (title and
§§ 5.48.010 through 5.48.080),
sidewalk vendors; amends §§ 5.04.290,
5.04.400, 5.20.010, 5.20.015, ana
13. 04. 180, regarding solicitors and
sidewalk vendors (5.04, 5.20, 5.48,
13.04)
Adds Ch. 2. 100, §§ 2. 100.010 through
2. 100. 180, regulation of lobbying
activities (2. 100)
Adds Title 17, environmental
regulations, and Ch. 17.08,
§§ 17.08.010 through 17.08.040,
evaluation of transportation impacts
under CEQA (17.08)
Adds Ch. 19.102, §§ 19.102.010
througli 19. 102.040, glass and lighting
standards; amends §§ 19.08.030,
19.40.060, 10.60.060, 19.72.050, and
19. 124.040, to implement bird-safe and
dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, 19.124)
Amends e) 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List 48
Ord. No.
21-2227
21-2228
21-2229
21-2230
21-2231
2i-2232
21-2234
Amends Ch. 10.90, smoking
regulations; adds §§ 10.90.030 and
10.90.070; renumbers §§ 10.90.030
through 10.90.050 to be % 10.90.040
through 10.90.060 (10.90)
Amends 11.27.145 concerning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining perrrfflt
(Not Codified)
Amends 19.56.030, 19.56.040, adds
19.56.080 concerning density bonuses
(19.56)
Repeals 6.24.037, adopts new 6.24.037
ai-ul 6.24.038, amen(18 6.24.010,
6.24.020, 6.24.060, 9.16.030,
concerning organic waste disposal
reduction (6.24, 9. 16)
Alas Ch. 17.04, §8, 17.04.010 tl-irougli
17.04.060, standard environmental
protection requirements (17.04)
Adds Ch. 2.110, 8) 2.110.010,
teleconference meetings; amends
§§ 1.12.010, violation of code; adds
% 2.36.085, 2.74.075 and amends
§§ 2.60.050, 2.68.050, 2.80.090,
2.86.070, 2.92.090, regarding
commissioner expenses and
compensation; amends §§ 2.48.020,
departments and divisions, 2.74.040,
technology, information, and
communications commission meetings,
3.23.060, opening bids, and 8.06.030,
permit period and fee for dangerous
animals; repeals 8, 11.08.020, regardmg
bicycle registration; amends references
to department of community
development and planning division in
§§ 14.04.125, 14.18.090, 18.04.020,
19. 102.030, 19. 104.220, and Table
19.124.040; amends % 16.52.043,
16.52.053, regarding flood damage
prevention (1.12, 2.36, 2.48, 2.60,
2.68, 2.74, 2.80, 2.86, 2.92, 2.110,
3.23, 8.06, 11.08, 14.04, 14.18, 16.52,
18.04, 19.102, 19.104, 19.124)
Ord. No.
21-2235
22-2236
22-2237
22-2238
22-2240
22-2241
22-2243
22-2244
22-2245
Amends §§ 19.08.030, 19.12.030,
19.i2.llO, 19.12.170, 19.28.040,
19.28.060, 19.40.050, and 19.40.060;
and adds % 18.20. 170, 19.28. 150,
19.40.090, and 19.112.060; to adopt
standards for ministerial approval of
duplexes and lot splits in single-family
residence districts (18.20, 19.08, 19.12,
19.28, 19.40, 19.112)
Rezoning certain land (Not codified)
Rezoning certain land (Not codified)
Extending interim Ord. 21-2235, which
amends §§ 19.08.030, 19.12.030,
19.12.110, 19.12.170, 19.28.040,
19.28.060, 19.40.050, and 19.40.060;
and adds §§ 18.20.170, 19.28.150,
19.40.090, and 19.112.060; tO adapt
standards for ministerial approval of
duplexes and lot splits in single-family
residence districts (18.20, 19.08, 19. 12,
19.28, 19.40, 19.112)
Adds Ch. 2.96, §§ 2.29.010 through
2.29.120, economic development
committee (2.96)
Amends Ch. 2.80 (title), §§ 2.80.010,
2.80.020, 2.80.050, 2.80.080,
2.80.090, 19.102.040, 19.148.030,
19.148.050, 19.148.060, 19.148.090,
changing the name of the Fine Arts
Commission to Arts and Culture
Commission (2.80, 19.102, 19.148)
Amends § 2.88.100, regarding audit
corrwrMtee (2.88)
Amends Ch. 16.28, % 16.28.010 -
16.28.070, regarding expedited permit
process for small rooftop solar systems
and electric vehiele charging systems
(16.28)
Amends Ch. 16.02, 16.04, 16.06,
16.16, 16.20, i6.24, 16.28, 16.32,
16.40, 16.42, 16.54, 16.58, 16.62,
16.64, 16.68, updating building and
construction codes (16.02, 16.04,
16.06, 16.i6, 16.20, 16.24, 16.28,
16.32, 16.40, 16.42, 16.54, 16.58,
i6.62, 16.64, 16.68)
2022 S-89
5 Index
ATHLETIC EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ATTORNEY, CITY
Assistant, acting, when 2.18.070
Bond requirements 2. 18.060
City staff, relations with 2.18.040
Conflict of interest 2.64.020
Council, relations with 2. 18.030
Eligibility 2. 18. 100
Employmentagreement 2.18.080
Office established 2.18.010
Powers, duties 2.18.020
Public, relations with 2. 18.050
Rental dispute mediation
appeal duties 2.78.080
subpoena duties 2.78.040
Staff 2.18.090
Suspension, removal, resignation 2. 18. 110
AUDIT COMMITTEE
Chair 2.88.050
City powers unchanged 2. 88. 130
City staff 2.88.110
Compensation, expense reimbursement 2.88.070
Established, composition 2.88.010
Meetings 2.88.060
Members
atlarge 2.88.020
vacancy 2.88.040
Powers, duties 2. 88. 100
Recordkeeping 2.88.090
Rules, regulations 2.88.120
Term 2.88.030
Voting 2.88.080
AUTO COURT
Business license tax rate 5.04.390
-B -
BAGS
See SINGLE-USE CARR\OUT BAGS
BAR
See RESTAURANT
BEEKEEPING
See ANIMALS
BELOW MARKET RATE HOUSING PROGRAM
Administration 19. 172.030
Purpose 19.172.010
Requirements 19.172.020
BICYCLE
Attaching to vehicle, prohibited 11.08.170
Bicycle lanes
designated 11.08.250
use regulations 11.08.190
vehicles using prohibited 11.08.230
Definitions 11.08.010-11.08.015
Equipmentrequirements 11.08.130
Impoundrnent 11.08.240
Lanepositionrequirements 11.08.150
License
serial numbers and identifying marks,
prohibited acts 11.08.061
Packagecarryingrestrictions 11.08.220
Pedestrian path use
exemptions 11.08.180
restrictions 11.08.160
Riding restrictions 11.08.210
Roller skates
See ROLLER SKATES
Routes designated 11.08.260
Skateboards
See SKATEBOARDS
Traffic laws applicability 11.08.140
Violation, penalty 11.08.280
Walking, pedestrianlaws applicable 11.08.200
BICYCLE PEDESTRIAN COMMISSION
Chairperson 2.92.040
Compensation, expenses 2.92.090
Effect 2.92.110
Established, composition 2.92.010
Meetings
majority vote required 2.92.060
procedural rules 2.92.100
quorum 2.92.050
Members
terms of office 2.92.020
vacancy and remoyal 2.92.030
Powers and functions 2.92.080
Records required 2.92.070
2022 S-85
Cupertino - Index 6
BINGO
Administrative authority designated 5.32.170
Authority 5.32.010
Defined 5.32.020
Equipment 5.32.090
Financialinterestlirnited 5.3!.100
Hours 5.32.150
Inspection authority 5.32. 180
License
applicant investigation 5.32.210, 5.32.220
application, contents 5.32.200
approval, conditions 5.32.240
denial when 5.32.250
fee 5.32.280
nontransferable 5.32.310
records, opportunity to review 5.32.230
renewal 5.32.290
required 5.32.190, 5.32.270
suspenston, revocation
appeal 5.32.330
authority 5.32.320
notice 5.32.320
Location 5.32.080
Minor, participation prohibited 5.32.040
Organizations permitted to conduct 5.32.030
Participant to be present 5.32. 140
Prizes, value 5.32.130
Proceeds, charitable uses required 5.32. 110
Provisions to supplement state law 5.32.350
Public access required 5.32.050
Recordkeeping 5.32. 120
Reporting requirements 5.32.300
Staffing, operation
change, reporting, investigation 5.32.260
generally 5.32.060
Violation, Penalty 5.32.360
BIRD-SAFE GUIDELINES
See GLASS AND LIGHTING STANDARDS
BOND
Attorney, city 2.18.060
Auctioneer 5.08.020
City clerk 2.20.040
Excavation, gradingpermittee 16.08.150
Manager, city 2.28.030
Moving buildings 16.36.060
Private patrol 5.24.050
Public works contract 3.23.140
Streetimprovementinstallation 14.04.170
Subdivision improvement security 18-L808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
BUILDING
EIectrical Code
See ELECTRICAL CODE
Excavation, foundations, retaining walls
See EXCAVATION, GRADING, RETAINING
WALLS
Fence
See FENCE
Heating, cooling
See MECHANICAL CODE
Inspector
bingo Iicense applicant investigation 5.32.220
building moving permit issuance 16.36.050
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
fees 16.36.055
issuance, hearing 16.36.040
required 16.36.020
rolIer restrictions 16.36.100
tnickrequirements 16.36.110
supervisor, duties 16.36.120
Plumbing code
See PLUMBING CODE
Preliminary soils report
See Soils report
code adoption 16. 12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
WALLS
Soils report
approval 16. 12.050
buiMing permit conditions 16.12.060
code adoption 16.12.010
contents 16. 12.030
preparation 16.12.040
required 16.12.020
Swimming pool 16.04.380
2022 S-89
6A Index
BUILDING CODE
See aIso EXISTING BUILDING CODE
See also HISTORICAL BUILDING CODE
Administrative Code Ch. 16.02
Adoption of 2022 California Building Code,
Volumes 1 and 2, based on the 2021
International Building Code, Volumes 1 and 2
16.04.010
Adoption of appendix chapters 16.04.015
Certificate of occupancy 16.04. 100
Concrete 16.04.340
Construction documents 16.04.060
Duties and powers of building official 16.04.040
Fees 16.04.080
Fire protection and life safety systems 16.04.260
General building heights and areas 16.04.220
Inspections 16.04.090
Materials and constniction methods for exterior
wildfire exposure 16.04.240
Means of appeal 16.04.110
Permits 16.04.050
Responsibility of permittee 16.04.070
Roof assemblies and rooftop structures 16.04.300
Special inspection and tests 16.04.320
Stop work order 16.04. 130
Swimming pool enclosures and safety devices
16.04.380
Violations 16.04.120
Wood 16.04.360
2022 S-89
Cupertino - Index 6B
l,
l
9 Index
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
Warrantless arrest authority 2.30.020
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMUNICATION WITH CITY OFFICIALS
Public building, prohibited acts
designated 10. 10.020
Right designated 10. 10.010
Violation, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMENT
See DEPARTMENTAL ORGANIZATION
COMMUNITY DEVELOPMENT DIRECTOR
Parade and athletic event administrative
authority 10.44.030
CONCERT
Business license
See also BUSINESS LICENSE
fee 5.04.340
CONSTR UCTION TAX
Adjustment 3.32.045
Definitions 3.32.020
Exceptions 3.32.070
Imposition 3.32.030
Payment
place 3.32.060
time 3 32n50
Purpose, intent 3.32.010
Rates 3.32.040
Refunds 3.32.050
Revenue use 3.32.080
CONTRACTOR
Business license
See also BUSINESS LICENSE
fee 5.04.370
COUNCIL, CITY
Abandoned vehicle, hearing II.04.070
Bicycle, fee allocation 11.08.130
Bingo license fee 5.32.280
Business Iicense powers, duties 5.04.060
Call for Council review 2.08. 145
Child care expense reimbursement,
when granted 2.72.OI0
Communications 2.08. 100
Contract bid award 3.24.080
Document signature authority 2.08. 135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26.120
Manager, city
appointment 2.28.010
suspension, remoyal 2.28.090
Meeting
discussionprocedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration
motions 2.08.095
petitions 2.08.096
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Officer, official body reports 2.08.110
Parade, athletic event permit appeal
hearing 10.44. 140
Permitparkingtimedetermination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Salary
amount, effective date 2. 16.020
statutory basis 2.16.010
Storm drainage service charge
adjustmentauthority 3.36.160
collection duties 3.36.080
review duties 3.36.050
2021 S-82
Cupertino - Index 10
Technology, information, and
communicatzons commission
appointment 2.74.010
vacancy filling 2.74.030
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water charge appeal hearing 15. 12. 100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRIMINAL ENFORCEMENT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
Violation
penalty 10.68.050
prohibited acts 10.68.020
-D -
DARK SKY GUIDELINES
See GLASS AND LIGHTING STANDARDS
DEFECATION
See URINATION, DEFECATION
DEPARTMENT AL ORGANIZATION
Authority of Director of Public Works and City
Engineer to approve plans and designs 2.48.040
Divisions, designated 2.48.CQ0
Manager authority 2.48.030
Purpose 2.48.010
DESIGN REVIEW COMMITTEE
Chairperson 2.90.050
Constructionofprovisions 2.90.110
Established 2.90.010
Licensed architect 2.90.070
Meetings, quorum 2.90.060
Powers, functions 2.90.090
Procedural niles 2.90. 100
Purpose of provisions 2.90.020
Records 2.90.080
Terms of office 2.90.030
Vacancy, removaJ 2.90.040
DISASTER COUNCIL
See EMERGENCY MANAGEMENT PROGRAM
DOCUMENT ARY ST AMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04. 100
Short title, authority 3.04.010
DOG
See ANIMAL
-E -
EARTHQUAKE
See TOXIC GASES
ECONOMIC DEVELOPMENT COMMITTEE
Chairperson 2.96.040
City staff assistance 2.96.090
Compensation, expenses 2.96.100
Effect 2.96.120
Established, composition 2.96.010
Majority vote required 2.96.060
Meetings, quonim 2.96.050
Members, vacancy or removal 2.96.030
Powers and functions 2.96.080
Procedural niles 2.96.110
Records 2.96.070
Terms of office 2.96.020
ELECTTONS, MUNICIPAL
See COUNCIL, CITY
ELECTRIC VEHICLE CHARGING SYSTEMS
Expedited Permit Process
Appeals 16.28.070
Applicability 16.28.030
Application and documents 16.28.050
Definitions 16.28.020
Intent 16.28.010
Permit review and inspection requirements
16.28.060
Purpose 16.28.010
Requirements 16.28.040
I
2022 S-89
10A Index
ELECTRICAL CODE
Adoption of 2022 California Electrical Code based
on the 2020 National Electrical Code
16. 16.010
Adoption of appendix chapters 16. 16.015
Definitions 16. 16.020
Electrical work, 16. 16.030
Fee schedule 16.16.040
Interpretation 16. 16.050
Maintenanceprogram 16.16.060
EMERGENCY MANAGEMENT PROGRAM
Compliance with California Emergency Services
Act 2.40.030
Definitions 2.40.020
Director of Emergency Services
designated 2.40.050
powers and duties 2.40.060
Disaster Council 2.40.025
powers and duties 2.40.040
Emergency organizations
membership 2.40.070
structure, duties and functions 2.40.080
Expenditures 2.40. 100
Mutual aid 2.40.090
Purposes 2.40.010
Violation, penalty 2.40. 110
EMPLOYEE, CITY
See also Specific Employee
Conununication with public
See COMMUNICATION WITH CITY
See OFFICIALS
General personnel policies
See PERSONNEL
2022 S-89
Cupertino - Index 10B
11 Index
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENERGY CODE Ch. 16.54
ENCROACHMENTS
See STREETS AND SIDEWALKS
ENGINEER, CITY
Encroachment permit issuance 14.08.050
Prelirninarysoilreportapproval 16.12.050
Truck route signing 11.32.020
ENVIRONMENT AL PROTECTION
CEQA guidelines adopted 2.84.090
Standard requirements
See STANDARD ENVIRONMENTAL
PROTECTION REQUIREMENTS
ENVIRONMENT AL REGULATIONS
Evaluation of transportation impacts
See TRANSPORTATION IMPACT
Standard environmental protection requirements
See STANDARD ENVIRONMENTAL
PROTECTION REQUIREMENTS
ENVIRONMENT AL REVIEW COMMITTEE
Appeals 2.84.100
Chairperson 2.84.030
Citypowersnotrestricted 2.84.120
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2. 84. 110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties
generally 3.25.020
Open market, when 3.25.070
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
Transfer to charity, public agency 3.25.100
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bondrequirements 16.08.150
Ciyil engineer grading supervision 16.08.230
Definitions 16.08.020
Engineering geological reports 16.08.120
Fees 16.08.160
Grading
See also Specific Type or Phase
emergency permit issuance 16.08. 185
supervision 16.08.230
Inspections 16.08.250
Interirnplan 16.08.110
Limitations of proyisions 16.08.040
Modifications 16.08.240
Permit
application contents 16.08.080
approval conditions 16.08.190
denial 16.08. 180
design standards 16.08.200
emergencies 16.08.185
exemptions
categorical 1(:i.08.07-0
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee responsibility 16.08.220
revocation 16.08.280
suspension 16.08.270
Permittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, grading plan required 16.08. 100
Soils engineering reports 16.08.130
Title of chapter 16.08.000
Violation
penalties designated 16.08.290
remedies deemed cumulative 16.08.300
Work
completion notice, report 16.08.260
schedulerequired 16.08.140
EXISTING BUILDING CODE Ch. 16.64
EXPLOSIVES
Disposal 6.24.100
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
2022 S-89
Cupertino - Index 12
-F -
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
FENCE
See ZONING
FINANCE
See PURCHASING
FINANCE DIRECTOR
Purchasing officer, designation, duties
See PURCHASING OFFICER
Storm drainage service charge
bill correction authority 3.36. 150
collection duties
balance payments 3.36.090
generally 3.36.080
omittedcharges 3.36.100
premises inspection authority 3.36. 190
FINANCE OFFICER
Alarm systems
administrationandenforcement 10.26.100
appeals hearing 10.26. 120
FINE ARTS ACTIVITIES
Regulations generally 2.80.080
FINE ARTS COMMISSION
Compensation, expenses 2.80.090
Effect of provisions 2. 80. 100
Established, appointment, composition 2.80.010
Meetings
generally 2.80.050
quonu'n 2.80.050
voting, requirements 2.80.060
Members
appointment, composition 2.80.010
terms of office 2.80.020
vacancy filling, removal procedures 2.80.030
Officers 2.80.040
Powers, duties generally 2.80.080
Records 2.80.070
FIRE
See FIRE CODE
See SMOKING
FIRE CHIEF
Bingo license applicant investigation 5.32.220
FIRE CODE
Administration 16.40.020
Adoption of 2022 California Fire Code and 2021
International Fire Code 16.40.010
Adoption of Appendix Chapters 16.40.015
Building services and systems 16.40. 100
Corrosive materials 16.40.230
Decorative vegetation in new and existing
buildings 16.40. 120
Definitions 16.40.040
Energy systems 16.40. 160
Explosives and fireworks 16.40.240
Fireandsmokeprotectionfeatures 16.40.110
Fire apparatus access roads 16.40.420
Fire-flow requirements for buildings 16.40.380
Fire hydrant locations and distribution 16.40.400
Fire protection and life safety systems
16.40. 140
Fire safety during constniction and demolition
16.40. 180
Fire service features 16.40.080
Flammable and combustible liquids 16.40.260
Flammable gases and cryogenic fluids 16.40.280
Hazardous materials - general provisions 16.40.220
Highly toxic and toxic materials 16.40.300
Liquified petroleum gases 16.40.320
Pyrophoric materials 16.40.340
Referenced standards 16.40.360
Toxic and highly toxic materials 16.40.300
Wildlaiid-Urban Interface Fire Areas,
requirements for 16.40.200
FIREARM
Permit required 10.76.OI0
Violation, penalty 10.76.020
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority 9.08. 100
hearing, submittal of record 9.08.090
notice distribution 9.08.080
recordkeeping duty 9.08.070
duty 9.08.060
notice mailing 9.08.040
2022 S-89
15 Index
GREEN BUILDING ST ANDARDS CODE
Adoption of 2022 California Green Building
Standards Code, 16.58.010
Adoption of Appendix Chapters 16.58.015
Alternate green building standards 16.58.240
Compliance with local water-efficient landscape
ordinance
non-residential 16.58.310
residential 16.58.300
Definitions 16.58.280
Electric vehicle (EV) cliarging
non-residential 16.58.420
residential 16.58.400
Exemptions 16.58.260
Local amendments 16.58.020
Major multi-family residential renovations/additions
16.58. 150
Mandatoryrequirements 16.58.100
Mixed-use 16.58.220
Non-residential new construction
large 16.58.180
medium 16.58.170
small 16.58.160
Non-residential renovation/additions
major 16.58.200
minor 16.58.190
Project types 16.58.110
Residential new construction
equaltoorlessthannine(9)homes 16.58.130
greater than nine (9) homes 16.58.140
Residentialprojects 16.58.120
Scope 16.58.040
Table 10LlO-Added 16.58.230
Tenant improvements 16.58.210
Title 16.58.030
Verification 16.58.250
GUN
See FIREARM
-H -
HANDBILLING
See ADVERTISING
HAZARDOUS MATERIALS STORAGE
See also FIRE CODE
TOXIC GASES
Compliance time table 9. 12. 141
Conflict with other laws 9. 12.133
Containment 9.12.030
Definitions 9.12.013
Duties discretionary 9. 12. 132
Effective date 9. 12. 140
Emergency equipment 9.12.038
Emergency procedures
See also Emergency response plan
posting 9.12.039
Emergency response plan
See also Emergency procedures
hazardousmaterialsdefined 9.12.043
required, requirements 9.12.043
Exclusions 9. 12.021
Existingstoragefacilityrequirements 9.12.032
Fences, locks required 9.12.037
Guidelines 9.12.131
Handling 9.12.036
Hazardous materials managen'ient plaii
required 9.12.040
short form 9.12. 042
standardform 9.12.041
Hearing
notices 9.12.111
niles 9.12.110
Inspection
by city 9.12.070
by permittee 9. 12.071
special 9.12.072
substituted 9.12.073
Inventory statement
informationrequired 9.12.051
public record 9. 12.053
required 9.12.050
Liability disclaimer 9. 12. 130
Maintenance, repair, replacement of facilities
9.12.035
New storage facility requirements 9.12.031
Out-of-service storage facility requirements
9. 12.033
Permit
additional approvals 9. 12.085
appeal
disposition 9. 12.095
hearing 9.12.094
time limit 9. 12.093
application 9.12.081
approval 9.12.083
denial
authority 9.12.090
decision transmittal 9. 12.092
determination 9.12.088
effective date, term 9.12.086
fees 9.12.089
2022 S-89
Cupertino - Index 16
grounds 9.12.091
investigation 9. 12.082
issuance 9.12.084
renewal 9.12.087
required 9.12.012, 9.i2.080
Professional assistance for city determinations
9.12.014
Purpose of provisions 9.12.010
Records maintenance 9.12.074
Regulated materials designated 9. 12.020
Remedial action
authority after permit suspension, revocation,
expiration 9. 12. 106
decision transrnittal 9. 12. 105
designated 9. 12. 104
grounds 9.12.100
hearing
notice 9.12.102
permit suspension prior to 9. 12. 103
noncompliance notice 9. 12. 101
return of permit 9. 12. 107
Safety, car generally 9.12.011
Unauthorized discharge
cleanup 9.12.061
indemnification 9.12.062
reporting 9.12.060
Underground tank 9. 12.022
Violation
civil action for retaliation 9. 12. 'L22
civil penalty 9. 12.121
criminal penalty 9. 12. 120
remedies not exclusive 9. 12. 123
HAZARDOUS WASTE FACILITY
Applicability of provisions 9.20.020
Application
compliance requirements 9.20.290
consistency requirements
general plan 9.20.060
overall continuity 9.20.220
generally 9.20.040
hearing 9.20.070
land use
See Land use application
notice on intent 9.20.050
requirements
closureplan 9.20.180
emergency plan 9.20. 170
generally 9.20.140
health, safety assessment 9.20.150
hearing notification list 9.20.210
monitoig plan 9.20. 190
risk assessment 9.20. 160
siting criteria, proof of compliance
9.20.200
Definitions 9.20.030
Dispute resolution 9.20.260
Hearing
See also Land use application
notice 9.20.280
Land use application
appeal 9.20.130
decision 9.20.120
environmental assessment 9.20.100
hearing 9.20.110
local assessment committee review 9.20.090
required, fees 9.20.080
Local assessment cornrnittee
appointment 9.20.230
funding by applicant 9.20.250
powers, duties 9.20.240
termination 9.20.270
Permituse 9.20.300
Purpose of provisions 9.20.010
Violation, penalty 9.20.310
HEALTH OFFICER
Bingo license applicant investigation 5.32.220
Restaurant
food, unwholesome, destruction authority
9.04.100
permit
denial 9.04.050
inspection, issuance 9.04.030
rules, regulations adoption 9.04.080
Sewer provisions enforcement 15.20.080
HEATING, COOLING CODE
See MECHANICAL CODE
HISTORIC BUILDING
Seismic safety
See UNREINFORCED MASONRY
BUILDINGS
HISTORICAL BUILDING CODE Ch. 16.62
HOME OCCUPATION
Business license
See also BUSINESS LICENSE
fee 5.04.380
2022 S-89
17 Ind('x
LICENSE
See also PERMIT
Bingo 5.32.190, 5.32.270
Business
See BUSINESS LICENSE
Cat 8.08.350
Commercial advertising 10.52.060
Dog 8.08.260
LIGHT POLLUTION
See GLASS AND LIGHTING STANDARDS
LIQUOR
Alcoholic beverages, gasoline concurrent sales
appeals 19.132.070
applicability of provisions 19. 132.020
conditional use permit
findings, basis 19.132.050
grantcriteria 19.132.030
hearing 19. 132.040
purposeofprovisions 19.132.010
restrictions generally 19.132.060
Consumption, open container possession
prohibitions 10.49.010
Violation, penalty 10.49.020
L,OADING ZONES
See PARKING
LOBBYING ACTIVITIES, REGULATION OF
Definitions 2.100.030
Enforcement 2. 100. 150
Exemptions 2. 100. 180
Gifts 2.100.140
Injunction 2. 100. 160
Interpretation 2.100.020
Lobbyist identification 2. 100. 120
plH@iice yestrictions 2. 100. 170
Prohibitions 2. 100. 130
Purpose 2.100.010
Quarterly reports 2. 100. 100
Records retention 2. 100. 110
Registration 2.100.040
actiye status 2.100.070
annual registration renewal 2. 100.050
registrationFees 2.100.080
requiredregistrationinformation 2.100.090
Termination of lobbyist status 2. 100.060
LOCAL SUST AINABILITY REQUIREMENTS FOR
NEWLY CONSTRUCTED BUILDINGS
Applicability 16.32.010
All-electric provisions for newly constructed
buildings 16.32.030
Definitions 16.32.020
-M -
MANAGER, CITY
Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storagenotice 11.04.130
Animal control
administratiye authority 8.01.040
seizure hearing 8.06.040
Approved street tree enforcement 14. 16.080
Bicycle
enforcement 11.08.030
lanes designation 11.08.250
Bingo license
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
denial 5.32.250
Bingo, provisions administration 5.32.170
Clerk, city, appointment 2.20.100
Commission meetings, attendance 2.28.060
Compensation, reimbursement 2.28.080
Created 2.28.010
Departmental organization authority 2.48.030
Director of emergency services 2.40.050
Eligibility, bond 2.28.030
Garage, patio sale enforcement authority 5. 16.060
Grocery store enforcement authority 5.36.060
Park and/or building permit issuance 13.04.040
Parks administration 13.04.220
Pedestrian regulations adn'nnistration 11.09.020
Powers, duties 2.28.040
Relations with council 2.28.050
Sales and use tax, alternate, collection 3.09.050
Solicitor
administrative authority 5.20.100
identification permit
application investigation 5.20.020
revocation, duties 5.20.070
Streettreeenforcement 14.12.040
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090
Taxicab driver license suspension,
revocation 5.28. 180
Temporary absence, replacement 2.28.070
Traffic
speedlimitsigning 11.12.040
stop intersection signing 11.20.040
Water
department duties 15. 12.090
provisions enforcement 15.12.050
2022 S-89
Cupertino - Index 18
MARUUANA 19.98.010
MARIJUANA, MEDICINAL AND ADULT USE OF
Commercial marijuana activities 10.84.030
Definitions 10.84.020
Enforcement, remedies and declaration of public
nuisance 10.84.050
Possession, delivery, distribution, and indoor
cultivationofmarijuana 10.84.040
Purpose 10.84.010
MASSAGE EST,'U3LISHMENTS, SERVICES
Conditionsofprernises 9.06.196
Definitions 9.06.020
Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
License, permit
See also MTO certificate, Permit
application 9.06.050
documentation 9.06.055
fee 9.06.060
grounds for denial 9.06.070
expiration and renewal 9.06.065
required 9.06.040, 9.06.041
suspension or revocation
appeals 9.06.220
grounds 9.06.200
hearing 9.06.210
notice 9.06.210
MTO certificate
See also License, permit, Pern'nt
required 09.06.041
Operating requirements 9.06. 193
Permit
See also License, permit, MTO certificate
massage establishment employees
permit requirements 9.06.080
massage therap ist
annual medical examination 9.06. 160
criteria 9.06.110
practical examination 9.06. 120
outcall massage
application 9.06.180
criteria 9.06.190
Prohibited acts 9.06. 198
Purpose of provisions 9.06.010
Sanitary conditions 9.06.196
Violation
continuing 9.06.260
alternative remedies 9.06.260
penalty 9.06.250
public nuisance 9.06.240
MAYOR
Employees' retirement system execution 2.56.020
MECHANICAL CODE
Adoption of 2022 Mechanical Code based on the
2021 Uniform Mechanical Code 16.24.010
Adoption of appendix chapters 16.24.015
Name insertion 16.24.020
MEDICIN AL MARIJUANA
Commercial marijuana activities 10.84.030
Definitions 10.84.020
Enforcement, remedies and declaration of public
nuisance 10.84.050
Possession, delivery, distribution, and indoor
cultivation of marijuana 10.84.040
Purpose 10.84.010
MINIMUM WAGE
Application of minimum wage to welfare-to-work
programs 3.37.110
Authority 3.37.020
Definitions 3.37.030
Enforcement 3.37.090
Fees 3.37.120
ImpIementation 3.37.080
Minimum wage 3.37.040
Notice, posting and payroll records 3.37.060
Relationshiptootherrequirements 3.37.100
Retaliation prohibited 3.37.070
Title 3.37.010
Waiver through collective bargaining 3.37.050
MINOR
See BINGO
CURFEW
MOBILE VENDORS
See VENDORS, SIDEWALK
MOSQUITOES
Abatement
by city when 9.16.080
cost
See also Lien
paymentbyowner 9.16.090
nottce
contents 9.16.050
when 9.16.040
Breeding peaces declared nuisance 9. 16.020
2022 S-89
23 Index
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.I40
scope of coverage, adoption
2.52. 150
payplan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer
designated 2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specific Subject
See Purpose
[liles, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Meetings
amendments, records 2.32.060
procedure 2.32.050
Member
terms of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.080
PLANNING DIRECTOR
Bingo license applicant investigation 5.32.220
PLUMBING CODE
Adoption of 2022 California Plumbing Code based
on the 2021 Uniform Plumbing Code
16.20.010
Adoption of appendix chapters 16.20.015
Name insertion 16.20.020
POLICE
See SHERIFF
POIICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
POLYSTYRENE FOAM SERVICE WARE
Adininistrativecitationandfine 9.15.130
Definitions 9. 15. 100
Prohibited 9. 15. 110
Exemptions 9. 15. 120
Severability 9. 15. 140
PR-ELIMINARY SOIL REPORT
See BUILDING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PROPERTY MAINTENANCE
City powers 9.22.040
Franchise Tax Board, notice 9.22.050
Penalties 9.22.030
Prohibited acts 9.22.020
Purpose of provisions 9.22.010
PROPERTY MAINTENANCE CODE Ch. 16.42
2022 S-89
Cupertino - Index 24
PUBLIC AND PRIV ATE DEVELOPMENTS, ART
REQUIREMENTS
See ARTWORK, REQUIRED IN PUBLIC AND
PRIVATE DEVELOPMENTS
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2. 60. 080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
terms of office 2.60.020
vacancy removal 2.60.030
Records 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
exempt activities designated 3.23.130
informal procedure when 3.23. 120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
Definitions 3.23.020
Lowest responsible bidder
See Award, criteria
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23. 160
deletion permitted when 3.23. 170
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIRECTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods
report duties 3.36.060
premisesinspectionauthority 3.36.190
PtJRCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, awardprocedures 3.22.060
Definitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash
required 3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract award authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
-Q -
QUARANTINE
See ANIMAL
-R -
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
RECYCLING AND DIVERSION OF CONSTRUCTION
AND DEMOLITION WASTE
Administrative fee, 16.72.060
Covered projects, 16.72.030
Definitions, 16.72.020
Diversion requirements, 16.72.040
Findings of the City Council, 16.72.010
Information required before issuance of permit,
16.72.050
Reporting, 16.72.070
RECYCLING AREAS; SOLID WASTE,
NON-ORGANIC RECYCLING
Applicability of provisions 9. 16.030
Definitions 9.16.020
Maintenance and collection 9. 16.050
Purpose of provisions 9.16.010
Sitedevelopmentrequirements 9.16.040
Solid waste, non-organic, recycling and organic
recyclingenclosures 9.16.045
Violation, penalty 9.16.060
RECYCLING, NON-ORGANIC AND ORGANIC
WASTE COLLECTION AND DISPOSAL
See GARBAGE
i.
2018 S-70
24A Index
REFERENCED ST ANDARDS CODE Ch. 16.68
REFUSE
See GARBAGE
RENT AL DISPUTE MEDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
Subpoena
application
contents 2.78.050
procedure 2.78.040
form, serving 2.78.060
lSSuanCe
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESIDENTIAL CODE
Adoption of 2022 California Residential Code
based on the 2021 International Residential
Code 16.06.010
Adoption of appendix chapters 16.06.015
Automatic fire sprinkler systems 16.06.040
Chimneys and fireplaces - spark arrestors
16.06. 140
Emergency escape and rescue openings 16.06.020
Energy storage systems 16.06.050
Foundations 16.06.080
Materials and construction methods for
exterior wildfire exposure 16.06.060
Roof assemblies 16.06.120
Swimming Pool Safety Act 16.06.160
Wall construction 16.06. 100
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2. 12.070
RESTAURANT
Definitions 9.04.010
Food, unwholesome, destruction authority 9.04. 100
Meat
inspectionrequired 9.04.110
manufacturingrequirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RET AINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
RETIREMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
RIGHT OF ENTRY
See INSPECTION
ROLLER SKATES
Defined 11.08.014
Prohibitedwhere 11.08.270
Violations, penalties 11.08.280
-S -
SAFETY ASSESSMENT PLACARDS
Application of provisions 16.80.020
Definitions 16.80.030
Intent 16.80.010
Placards 16.80.040
SALE OF SURPLUS SUPPLIES, EQUIPMENT
See EQUIPMENT, SURPLUS, SALE
SALES AND USE TAX
Administration, state contract 3.08.050
Collection, enjoining prohibited 3.08. 160
Exemptions, exclusions 3.08.120
Operative date 3.08.030
Purpose 3.08.040
Rate 3.08.020
Sales
place, consummation 3.08.070
tax, imposed 3.08.060
Short title 3.08.010
2022 S-89
Cupertino - Index
State code
additional permits not required 3.08. 110
amendments, chapter applicability 3.08.150
limitations 3.08. 100
provisions adopted 3.08.090
Use tax, imposed 3.08.080
Violation, penalty 3.08.170
SAN JOSE WATERWORKS
See FRANCHISE
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
SECONDHAND DEALER
Applicability of provisions 5.40.010
Definitions 5.40.020
Inspection authority 5.40.030
SEISMIC SAFETY
See TOXIC GASES
24B
I
2021 S-81
25 Index
SEWER
See also SUBDIVISION
See also WATER
See also WATER POLLUTION
See also PREVENTION
Abandonedsystem 15.20.140
Appeals, generally 15.20.190
Applicability of provisions 15.20.010
Alteration, permit required 15.20.070
Buildingperrnitissuancerequirements 15.20.100
Definitions 15.20.020
Enforcementauthoritydesignated 15.20.170
Failing system, correction responsibilities 15.20. 130
Installation, construction, alteration inspections
15.20.110
state contractor's license required 15.20.090
Liabilitydisclaimer 15.20.160
New construction, permit required 15.20.060
Nuisance declarations 15.20. 120
Permit required
alterations 15.20.070
new construction 15.20.060
septic tanks 15.20.080
Private system requirements 15.20.040
Purpose of provisions 15.20.010
Sanitary sewer, public, required, exceptions
15.20.030
Septic tank requirements 15.20.080
Soil tests 15.20.050
State contractor's license required when 15.20.090
Violations
designated 15.20.180
recordingnotice 15.20.150
SHEEP
See ANIMAL
SHERIFF
Bingo
inspection 5.32.180
license applicant investigation 5.32.210
staff change investigation 5.32.260
Private patrol
identificationcardissuance 5.24.130
permit application approval 5.24.040
uniform, equipment approval, inspection
5.24. 120
SHOPPING CENTER
See also TRESPASSING
Free speech activity restrictions 10.56.040
SHORT-TERM RENT AL ACTIVITY
Administrative regulations and standards 5.08.080
Definitions 5.08.020
Enforcement 5.08.070
Purpose 5.08.010
Regulations for hosting platforms 5.08.060
Revocation 5.08.050
Short-term rental activity 5.08.030
Short-term rental registration - Process and
term 5.08.040
SIDEW ALK
See STREETS AND SIDEWALKS
SIDEW ALK VENDORS
See VENDORS, SIDEWALK
SIGN
abandoned or discontinued signs 19. 104.320
appeals 19.104.070
applicabilityofregulations 19.104.020
beverage container recycIing signs i9. 104. i80
changeablecopysigns 19.104.180
constniction and maintenance specifications
19. 104.090
decorativestahiary 19.104.180
electronic readerboard signs 19. 104. 180
enforcement of provisions 19. 104.300
Example of How to Figure Size and Location of
Ground Signs, Ch. 19. 104, Appendix A
Examples of Well Proportioned Signs; Examples of
Signs Not Well Proportioned, Ch. 19. 104,
Appendix C
exception; findings 19.104.290
freeway orientation 19. 104.200
gasolinestationsigns 19.104.170
ground signs 19. 104.160
illegal signs
authority to remove in public right-of-way
oronpublicpropcrty 19.104.340
court action authorized 19.104.370
deemedpublicnuisance 19.104.370
private property 19. 104.330
public property 19.340.340
responsible party for costs and fees
19.104.360
storage, reclamation and disposal of
19. 104.360
sumrnaryremovalauthorized 19.104.350
illuminationrestrictions 19.104.230
inspectionrequirements 19.104.060
landmark signs 19. 104.210; Ch. 19. 104,
Appendix B
message substitution 19. 104.205
neon signs, exposed & visible 19.104. 180
nonconforrning signs 19.104.310
obstructions prohibited 19. IO4.080
penalty 19.104.380
2021 S-81
Cupertino - Index 26
permanent
blade signs & Iogos, symbols or insignias
19. 104. 150
design criteria 19. 104.220
wall signs 19. 104. 140
window signs 19. 104. 150
permit required 19.104.030
private property, illegal signs 19. 104.330
prohibited signs 19.104. 110
purpose and intent 19. 104.010
responsible party for costs and fees 19. 104.360
sign program; applicability, requirements
and findings 19. 104. 130
sign permit application; review criteria 19.104.050
application requirements 19. 104.040
signs exempt from permit requirements 19. 104.100
signs in and near residential districts 19. 104. 190
signs in special planning districts 19.104.120
storageofremovedsigns 19.104.360
summary removal authorized 19. 104.350
temporary
flags 19. 104.250
garage sales 19. 104.250
location 19.104.240
political signs 19.104.250
portable signs and displays I9. 104.270
pro'3ect announcement signs 19. 104.260
promotional devices 19. 104.270
real estate signs 19. 104.260
specialeventb:mmers 19.104.270
subdivision signs 19. 104.250
window signs 19.104.280
violationdeemedinfraction 19.104.380
SINGLE-USE CARRYOUT BAGS
Admirffstrative citation and fine 9. 17. 150
Definitions 9.17.110
Exemptions 9. 17. 140
Findings 9.17.100
Irnplementationdate 9.17.120
Purpose 9.17.100
Severability 9.17.160
Restrictions 9.17.130
SKATEBOARDS
Defined 11.08.015
Prohibitedwhere 11.08.270
Violations, penalties 11.08.280
SMALL-INCOME BUSINESS
Business license
See also BUSINESS LICENSE
fee 5.04.450
SMOKING; REGULATION OF
See also TOBACCO PRODUCTS;
REGULATING THE SALE OF
Definitions 10.90.010
Multi-unit housing 10.90.030
Nonretaliation 10.90.070
Other requirements and prohibitions 10.90.040
Posting of signs 10.90.050
Smoking prohibited 10.90.020
Violation - penalty 10.90.060
SOCIAL HOST RESPONSIBILITY
Definitions 10.05.010
Penalties 10.05.030
Remedies cumulative 10.05.040
Unlawful 10.05.020
SODA FOUNT AIN
See RESTAURANT
SOILS REPORT
See BUILDING
SUBDIVISION
SOLAR SYSTEMS
Expedited Process for Small Rooftop Solar Systems
Appeals 16.28.070
Applicability 16.28.030
Application and documents 16.28.050
Definitions 16.28.020
Intent 16.28.010
Permit review and inspection requirements
16.28.060
Purpose 16.28.010
Requirements 16.28.040
SOLICITOR
See also STREETS, SIDEWALKS
Administrative authority 5.20.100
Business license
See also BUSINESS LICENSE
fee 5.04.290
Definitions 5.20.010
Exemptions fromprovisions 5.20.015
Hours of operation 5.20.090
Identification permit
denial, appeal 5.20.050
display on demand 5.20.120
issuance 5.20.040
nontransferable 5.20.110
revocation
appeals 5.20.070
grounds 5.20.060
Posting of premises 5.20. 140
Vehicle requirements 5.20.080
Violation, penalty 5.20. 130
f, '
l
2022 S-89
Index
use 18.36.020
recordation 18.36.070
School
land dedication
exemptions 18.24. 170
paymenttosubdivider 18.24.160
procedure 18.24.150
required 18.24.140
tent map requirements
See Tent map
Sewer system 18.32.050
Soils report
See Final map
Storm drainage 18.32.030
Street
improvement, reimbursement
See STREET IMPROVEMENT
dedication 18.24.010
direct access waiver 18.24.230
Tentatiye map
See also Map
amendments to approved tentative map
18.16.110
actionofcitycouncil 18.16.070
action of community development
director 18.16.040
noticeofpublichearings 18.16.040
action of planning commission
recommending approval 18. 16.050
recommending denial upon certain
findings 18. 16.060
requiredfindings 18.16.050
department of community development
action 18.16.030
expiration 18.16.090
extension of time for planning commission or
city council action 18. 16.080
extensions 18. 16. 100
formandcontents 18.16.010
subrnittal to department of community
development 18. 16.020
Tentative parcel map
See also Map
amendments
See Map
appeals 18.20.060
appeals of decisions 18.20.070
procedure 18.20.070
approval 18.20.040
required findings 18.20.040
denial upon certain findings 18.20.050
deparhnent of community development,
subrnittal to 18.20.020
expiration and extensions 18.20.080
form and content 18.20.010
reviewandnoticeofpublichearings 18.20.030
Utility undergrounding 18.32.070
Variance permitted when 18.04.050
Vesting tentative map
See also Map
applicability of provisions 18.28.030
expiration 18.28.060
consistency 18.28.020
fees 18.28.050
filing,processingrequirements 18.28.040
generally 18.28.010
vesting 18.28.070
Violation
certificate of noncompliance
See Compliance
remedies 18.48.020
Warrax'ity security
See Improvement security
Water system 18.32.060
SURPLUS PROPERTY
See EQUIPMENT, SURPLUS, SALE
SUST AINABILITY COMMISSION
Chairperson 2.94.040
Compensation, expenses 2.94.090
Effect 2.94.110
Established, composition 2.94.010
Members
terms of office 2.94.020
vacancy or remoyial 2.94.030
Meetings
majority vote required 2.94.060
proceduralrules 2.94.100
quorum 2.94.050
Powers and functions 2.94.080
Records required 2.94.070
SWIMMING POOL 16.04.380
SWINE
See ANIMAL
-T -
TAVERN
See RESTAURANT
TAX
See Specific Tax
2022 S-89
Cupertino - Index 32
TAX ADMINISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3. 12.110
unreported, determination, notice of
hearing 3.12.090
TAX COLLECTOR
Storm drainage service charge collection
duties 3.36.080
TAXICAB
Administrative authority 5.28.015
Appeal 5.28.185
Business license
See also BUSINESS LICENSE
fee 5.04.430
Definitions 5.28.010
Direct route 5.28.190
Driver permit
application, issuance 5.28.165
denial 5.28.170
employmentterrnination 5.28.175
required 5.28.160
suspension, revocation 5.28.180
Fare schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
caiicellation, notice 5.28.140
required 5.28.120
requirements 5.28. 130
Overcharge, restitution 5.28.210
Permit
application 5.28.070
denial 5.28.080
driver
See Driver permit
for additional, substitute vehicles
5.28.110
required 5.28.060
revocation, suspension 5.28.100
term 5.28.090
Refusal of service prohibited 5.28.200
Taximeter
operation 5.28.040
required 5.28.020
Vehicle numbering 5.28.045
Violation, penalty 5.28.220
TECHNOLOGY, INFORMATION, AND
COMMUNICATIONS COMMISSION
Budget 2.74.070
Compensation, expenses 2.74.075
Effect of provisions 2.74.080
Established 2.74.010
Meetings, staff, officers, quorum 2.74.040
Member
terms of office 2.74.020
vacancy filling 2.74.030
Powers, duties 2.74.060
Records 2.74.050
TEEN COMMISSION
Chairperson 2.95.040
Compensation, expenses 2.95.090
Effect 2.95.110
Established 2.95.010
Meetings
majority vote required 2.95.060
procedural rules 2.95. 100
quorum 2.95.050
Members
terms of office 2.95.020
vacancy, removal 2.95.030
Powers and functions 2.95.080
Records 2.95.070
TELECOMMUNICATION USERS' TAX
Actions to collect 3.35. 100
Additional powers and duties of the Tax
Administrator 3.35. 130
Administrative remedy - non-paying service
users 3.35.120
Adoption 3.35.020
Appeals 3.35.160
Bundling taxable items with non-taxable items
3.35.060
Collection penalties - service suppliers 3.35.090
Constitutional, statutory, and other exemptions
3.35.040
Deficiency determination and assessment - tax
application errors 3.35.110
Definitions 3.35.030
Duration 3.35.230
Duty to collect - procedures 3.35.080
Effect of state and federal reference/
authorization 3.35.190
Independent audit of tax collection, exemption,
remittance, and expenditure 3.35.200
Interaction with prior tax 3.35.210
Noinjunction/writofmandate 3.35.170
Notice of changes to ordinance 3.35.180
2022 S-85