The Council of the City of Palo Alto does ORDAIN as follows:

Transcription

1 ORDINANCE NO ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING CHAPTER OF THE PALO ALTO MUNICIPAL CODE AND AMENDING TITLE 16 TO ADOPT A NEW CHAPTER 16.04, CALIFORNIA BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, AND CALIFORNIA EXISTING BUILDING CODE, 2007 EDITIONS, AND LOCAL AMENDMENTS The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Title 16 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety Chapter and enacting a new chapter to read as follows: California Building Code adopted. Except as otherwise provided for in this Chapter, the California Building Code, 2007 edition, as adopted by Title 24, Part 2 of the California Code of Regulations, is approved and adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein. One copy of the California Building Code, 2007 edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto California Building Code Appendix Chapters adopted Except as otherwise provided for in this Chapter, the following Appendix Chapters of the California Building Code, 2007 edition, are adopted, and are hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein: A. Appendix Chapter 1 Administration B. Appendix C Group U Agricultural Buildings C. Appendix I Patio Covers Cross - References to California Building Code The provisions of this Chapter contain cross-references to the provisions of the California Building Code, 2007 edition, in order to facilitate reference and comparison to those provisions Local Amendments The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Building Code, 2007 edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter cjs

2 Section of Appendix Chapter One added - Enforcement -- Citation authority. Section of Appendix Chapter One is added to the California Building Code to read: Enforcement- Citation Authority. The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code section and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) chief building official; (2) assistant building official; (3) building inspection supervisor; and (4) code enforcement officer Section of Appendix Chapter One added Demolition permits. Section of Appendix Chapter One of the California Building Code is added to read: Demolition permits. In addition to other requirements of law, every person seeking a demolition permit for a unit used for residential rental purposes shall furnish an affidavit or declaration under penalty of perjury that the unit proposed to be demolished is vacant, or that notice to vacate has been given to each tenant lawfully in possession thereof as required by law or by the terms of such tenancy. No work or demolition shall begin upon any portion of such a unit until each and every portion has been vacated by all tenants lawfully in possession thereof Section of Appendix Chapter One amended Expiration. Section of Appendix Chapter One of the California Building Code is amended to read: Expiration. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work can be recommenced, a new permit shall be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each and may require that the construction documents be revised to partially or fully comply with current codes. Extensions shall be requested in writing and justifiable cause demonstrated. For the purpose of this section, failure to progress a project to the next level of required inspection shall be deemed to be abandonment of the project. // cjs

3 Section of Appendix Chapter One amended Refunds. Section of Appendix Chapter One of the California Building Code is amended to read: Refunds. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize the refunding of not more than eighty percent (80%) of the Permit Fee paid when no work has been done under a Permit issued in accordance with this Chapter. The building official may authorize the refunding of not more than eighty percent (80%) of the Plan Review Fee paid when an application is withdrawn or canceled before any plan reviewing has been started. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment Section of Appendix Chapter One added Reinspections Section is added to Appendix Chapter One of the California Building Code to read: Reinspections. A reinspection fee may be assessed by the building official for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time work is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before work is ready for such inspection or reinspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. When reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid Section 110 of Appendix Chapter One amended Certificate of Occupancy Section 110 of Appendix Chapter One of the California Building Code is amended to read: Section 110 Certificate of Occupancy Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction cjs

4 Exception: The following occupancies shall not require a certificate of occupancy: 1. Group R Division 3 2. Group U Change of occupancy or tenancy. Each change of occupancy, official name or tenancy of any building, structure or portion thereof, shall require a new certificate of occupancy, whether or not any alterations to the building are required by this code. If a portion of any building does not conform to the requirements of this code for a proposed occupancy, that portion shall be made to conform. The building official may issue a new certificate of occupancy without stating therein that all of the requirements of this code have been made and without requiring compliance with all such requirements if he or she finds that the change in occupancy or tenancy will result in no increased hazard to life or limb, health, property or public welfare. When application is made for such certificate of occupancy, the building official and fire chief shall cause an inspection of the building to be made. The inspector shall inform the applicant of those alterations necessary, or if none are necessary, and shall make a report of compliance to the building official. Before any application for such certificate of occupancy is accepted, a fee as set forth in the municipal fee schedule shall be paid by the applicant to cover the cost to the city of the inspection of the building for which a change of occupancy or tenancy is required. Such fee shall be in addition to the regular building permit fee required by this code Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner or lessee. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official cjs

5 7. The use and occupancy, in accordance with the provisions of Chapter Temporary occupancy. If the building official after conferring with the fire chief finds that no substantial hazard will result from occupancy of any building or portion thereof, before the same is completed and satisfactory evidence is submitted that the work could not have been completed prior to the time such occupancy is desired because of its magnitude or because of unusual construction difficulties, the building official may issue a temporary certificate of occupancy for any building or portion thereof. Such temporary certificate of occupancy shall be valid for a period not to exceed six (6) months. After the expiration of a temporary certificate of occupancy, the building or portion thereof shall require a certificate of occupancy in accordance with the other provisions of this section Posting. The certificate of occupancy shall be posted in a conspicuous, readily accessible place in the building, or portion of building being occupied, and shall not be removed except by the building official Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code Section of Appendix Chapter One amended - Violations -- Penalties. Section of Appendix Chapter One of the California Building Code is amended to read Violations Penalties. It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, or occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and such person is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this building code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished as provided in subsection (a) of Section of this code. // cjs

6 Section of Appendix Chapter One - Recordation of building code violations. Section of Appendix Chapter One of the California Building Code is added to read: Recordation of building code violations. When the building official determines that a violation of this chapter or chapters 16.05, or of this code has occurred, he or she may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the building official shall issue and record a release of the notice of pendency of code violation Section 202 amended Definitions (Family) The definition of Family in Section 202 of the California Building Code is amended to read: FAMILY [HCD-1] shall be as defined in Section of the Palo Alto Municipal Code Section 702A amended Definitions (Wildland-Urban Interface Fire Area). Section 702A (Wildland-Urban Interface Fire Area) of the California Building Code is amended to read: WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the State of California as a Fire Hazard Severity Zone in accordance with Public Resources Code Sections 4201 through 4202 and Government Code Sections through Within the city limits of the City of Palo Alto, Wildland-Urban Fire Interface Area shall also include all areas west of Interstate 280 and all other areas recommended as a Very High Fire Hazard Severity Zone by the Director of the California Department of Forestry Section amended Sprinkler systems, where required. Section of the California Building Code is amended to read: Where required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections through and as follows, whichever is the more restrictive: 1. An automatic sprinkler system shall be provided throughout all new buildings that have a gross floor area in excess of 3,600 square feet or that are three (3) or more stories in height. 2. An automatic sprinkler system shall be provided throughout all existing buildings when modifications are made that increases the gross floor area to more than 3,600 square feet or increases the number of stories to three (3) or more cjs

7 Exception: One-time additions to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area. 3. An automatic sprinkler system shall be provided throughout all new buildings located in the designated Wildland-Urban Interface Fire areas. Exception: Any non-habitable structures accessory to single family residences that have a gross floor area of 500 square feet or less. 4. An automatic sprinkler system shall be provided throughout all existing buildings located in the designated Wildland-Urban Interface Fire areas when modifications are made that increases the gross floor area. Exception: One-time additions to existing buildings made after 01/01/1994 that do not exceed 500 square feet in gross floor area. If an automatic fire sprinkler system is not required by any other section of this code or the California Fire Code, the area increases specified in Section 506.3, height or story increases specified in Section 504, or the fire resistive substitutions specified in Table 601, which may have been permitted, shall apply Section added Roof guards at interior courts. Section is added to the California Building Code to read: Roof guards at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guards. The top of the guard shall not be less than 42 inches in height above the adjacent roof surface that can be walked upon. Intermediate rails shall be designed and spaced such that a 12 inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area Section amended Roofing requirements in a Wildland-Urban Interface Fire Area. Section of the California Building Code is amended to read: Roofing requirements in a Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section 704A Section added - Palo Alto Flood Hazard Regulations referenced. Section is added to the California Building Code to read: Notwithstanding the provisions of Section , all construction or development within a flood hazard area (areas depicted as a Special Flood cjs

8 Hazard Area on Flood Insurance Rate Maps published by the Federal Emergency Management Agency) shall comply with the City of Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where discrepancies exist between the requirements of this code and said regulations, the provisions of said regulations shall apply Table amended Footings Supporting Walls of Light-Frame Construction Table of the California Building Code is amended to read: Number of Stories TABLE Footings Supporting Walls of Light-Frame Construction Thickness of Foundation Wall (inches) Width of Footing (inches) Thickness of Footing (inches) Depth of Foundation Below Natural Surface of Ground and Finish Grade (inches) 1& Group U Occupancies All foundations as required in the above Table shall be continuous and have a minimum of three #4 bars of reinforcing steel, except for one story, detached accessory buildings of Group U occupancy where one bar is required Section amended to add section Modifications to ACI 318 Section is amended and Section is added to Chapter 19 of the California Building Code to read as follows: General. The text of ACI 318 shall be modified as indicated in Sections through ACI 318, Section Modify ACI 318 Section and replacing equation (14-7), (14-8) and (14-9). 1. Modify equation (14-7) of ACI 318 Section as follows: cjs

9 I cr shall be calculated by Equation (14-7), and M a shall be obtained by iteration of deflections. I 3 E P h s u 2 lwc = As + ( d c) E c f y 2d (14-7) 3 cr + and the value E s /E c shall not be taken less than Modify ACI 318 Sec, as follows: Maximum out-of-plane deflection, s, due to service loads, including P effects, shall not exceed l c /150. If M a, maximum moment at mid-height of wall due to service lateral and eccentric loads, including P effects, exceed ( 2 / 3 ) M cr, s s shall be calculated by Equation (14-8): s = 2 3 cr + M M a n M M cr cr n 2 3 cr (14-8) If M a does not exceed ( 2 / 3 ) M cr, s shall be calculated by Equation (14-9): M a s = cr (14-9) M cr where: cr = 5M 48 E 2 cr c c l I g n = 5M 48 E 2 n c c l I cr Section added Existing Group R occupancies. Section is added to the California Building Code to read: cjs

10 Existing Group R Occupancies. When any replacement, alteration or repair to the roof of an existing Group R Occupancy is performed, a spark arrester shall be installed to the existing chimney in accordance with Section Section added Fire walls. Section is added to the California Building Code to read: Fire walls. When fire walls are required, the fire wall construction shall be completed, with all openings protected, immediately after the building is sufficiently weather protected at the location of the wall(s) Section amended Stairways required Section of the California Building Code is amended to read: Stairways required. All floor levels above the first story in new multistory buildings that require 2 exit stairs shall be provided with at least two usable exit stairways (temporary or permanent) after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing occupied buildings shall be lighted and maintained clear of debris and construction materials at all times. Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.) Section added Required means of egress. Section is added to the California Building Code to read: Required means of egress. All new buildings under construction shall have a least one unobstructed means of egress. All means of egress shall be identified in the Fire Protection Plan Section amended Definition of Substantial Structural Damage. Section of the California Building Code is amended to include the following definition: SUBSTANTIAL STRUCTURAL DAMAGE. A condition where: 1. In any story, the vertical elements of the lateral-force-resisting system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its predamaged condition, or 2. The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure s floor(s) and roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements cjs

11 with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose, and location Section added Repairs. Section is added to the California Building Code to read: Repairs. Repairs of structural elements shall comply with this section Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria: Evaluation and design procedures. The seismic evaluation and design shall be based on the following procedures: a) As specified in Chapter 16 of this code. b) ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only). c) ASCE 41 Seismic Rehabilitation of Existing Buildings. d) The procedures contained in Appendix Chapter A2 and Appendix Chapter A3 of the International Existing Building Code (IEBC) and Appendix Chapter A1 of California Existing Building Code (CEBC) shall be permitted to be used as specified in Section CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following: percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of this code shall be the R factor specified for structural systems classified as Ordinary unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as Intermediate or Special. 2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table OCCUPANCY CATEGORY (BASED ON TABLE ) TABLE ASCE 41 and ASCE 31 PERFORMANCE LEVELS PERFORMANCE LEVEL FOR USE WITH ASCE 31 AND WITH ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE-2 EARTHQUAKE HAZARD LEVEL I Life Safety (LS) Collapse Prevention (CP) II Life Safety (LS) Collapse Prevention cjs

12 (CP) III Note (a) Note (a) IV Immediate Occupancy (IO) Life Safety (LS) a. Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following: percent of the forces prescribed in this code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section In accordance with the applicable chapters in Appendix A of the 2006 International Existing Building Code (IEBC) and 2007 California Existing Building Code (CEBC), as specified in Items 2.1 through 2.3 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1 of the CEBC Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2 of the IEBC Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3 of the IEBC. 3. In accordance with ASCE 31 based on the applicable performance level as shown in Table Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table Where ASCE 41 is used, the design spectral response acceleration parameters S xs and S x1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters S DS and S D1 defined by this code and reference standards cjs

13 Wind Design. Wind design of existing buildings shall be based on the procedures specified in this code Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated Substantial structural damage to vertical elements of the lateral force-resisting system. A building that has sustained substantial structural damage to the vertical elements of its lateral-force-resisting system shall be evaluated and repaired in accordance with the applicable provisions of Section through Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the building official. The evaluation shall establish whether the damaged building, if repaired to its pre-damage state, would comply with the provisions of this code. Wind forces for this evaluation shall be those prescribed in this code. Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in Code Section Extent of repair for compliant buildings. If the evaluation establishes compliance of the pre-damage building in accordance with Section , then repairs shall be permitted that restore the building to its predamage state, using materials and strengths that existed prior to the damage Extent of repair for non-compliant buildings. If the evaluation does not establish compliance of the pre-damage building in accordance with Section , then the building shall be rehabilitated to comply with applicable provisions of this code for load combinations including wind or seismic forces. The wind design level for the repair shall be as required by the building code in effect at the time of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the time of original construction or as required by this code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the pre-damaged building, but not less than the reduced level seismic forces specified in Section New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of this code for new buildings of similar structure, purpose, and location Substantial structural damage to vertical load-carrying components. Vertical load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions cjs

14 for dead and live loads in this code. Undamaged vertical load-carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of this code for new buildings of similar structure, purpose, and location Lateral force-resisting elements. Regardless of the level of damage to vertical elements of the lateral force-resisting system, if substantial structural damage to vertical load-carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section and, if non-compliant, rehabilitated in accordance with Section Less than substantial structural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location Referenced Standards Referenced Standard Number Title Referenced Code Section Number ASCE Seismic Evaluation of Existing Buildings TABLE ASCE Seismic Rehabilitation of Existing Buildings TABLE Section added Additions, alterations and repairs exceeding 50%. Section is added to the California Building Code to read: Additions, alterations and repairs exceeding 50%. When additions, alterations, or repairs within any twelve (12) month period exceed fifty percent (50%) of the value of an existing building or structure designed and constructed prior to the 1976 edition of the Uniform Building Code, such building or structure shall be made to conform to the requirements of Section 1613 for new buildings cjs

15 or structures. Value shall be determined from the cost per square foot table in the most current issue of Building Safety Journal, published by the International Code Council, as may be modified from time to time by the building official. Exception: Existing buildings or structures of Group R or U Occupancies Section added Suspended ceiling systems. Section is added to the California Building Code to read: Suspended ceiling systems. In existing buildings or structures, when a permit is issued for alterations or repairs, the existing suspended ceiling system within the area of the alterations or repairs shall comply with Section Referenced Standard amended ASCE 7, Section Section of Referenced Standard ASCE 7 is amended to read as follows: Minimum Building Separation. All structures shall be separated from adjoining structures. Separations shall allow for the maximum inelastic response displacement ( M ). M shall be determined at critical locations with consideration for both translational and torsional displacements of the structure as follows: M = C dδ max (Equation 16-45) where δ max is the calculated maximum displacement at Level x as define in ASCE 7 Section Adjacent buildings on the same property shall be separated by at least a distance MT, where 2 MT = M1 ) + ( M2 ) 2 ( (Equation 16-46) and M1 and M2 are the maximum inelastic response displacements of the adjacent buildings. Where a structure adjoins a property line not common to a public way, the structure shall also be set back from the property line by at least the displacement, M, of that structure. Exception: Smaller separations or property line setbacks shall be permitted when justified by rational analyses California Historical Building Code adopted cjs

16 The California Historical Building Code, 2007 Edition, Title 24, Part 8 (authorized by Health and Safety Code sections through 18960), which provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of designated historic buildings, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein. One copy of the California Historical Building Code, 2007 edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto California Existing Building Code adopted. The California Existing Building Code, 2007 Edition, Title 24, Part 10, which provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of existing buildings, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein. One copy of the California Existing Building Code, 2007 edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto. SECTION 2. The Council adopts the findings for local amendments to the California Building Code, 2007 Edition, attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act ( CEQA ), pursuant to Section of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment. /// /// /// /// /// /// /// cjs

17 SECTION 4. date of its adoption. This ordinance shall be effective on the thirty-first day after the INTRODUCED: November 13, 2007 PASSED: November 26, 2007 AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, MORTON, MOSSAR NOES: ABSENT: ABSTENTIONS: KLEINBERG ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Mayor APPROVED: City Manager Director of Planning & Community Environment Director of Administrative Services cjs

18 Exhibit A FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODE Section of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections and of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, and of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970, and have been carried through from year to year without significant change, need no required findings. Also, amendments to provisions not regulating buildings used for human habitation do not require findings. A. Explanation of Administrative Amendments Section of Appendix Chapter 1 added Demolition permits This amendment requires the notification of the occupants of a residential building prior to the issuance of a demolition permit, and requires that the building be vacated prior to the issuance of the demolition permit. This is an administrative amendment that is needed to ensure the safety of the occupants of a building which is proposed to be demolished Section of Appendix Chapter 1 amended Expiration This is an administrative amendment to clarify when a permit expires Section of Appendix Chapter 1 amended Refunds; Section of Appendix Chapter 1 added Reinspections; Section of Appendix Chapter One added Enforcement -- Citation authority; Section of Appendix Chapter One amended - Violations Penalties; Section of Appendix Chapter One - Recordation of building code violations. These amendments bring the administrative provisions of the California Building Code into compliance with the Palo Alto Municipal Code and the organization of the City of Palo Alto Section 110 of Appendix Chapter 1 amended Certificate of Occupancy This administrative amendment provides for a Certificate of Occupancy to be issued for each occupancy change of a building or portion thereof. The amendment is needed for the building to be inspected when tenants change to ascertain compliance with life safety and accessibility requirements. This section also permits the issuance of a temporary Use and Occupancy cjs

19 Certificate provided all life safety and accessibility requirements have been complied with prior to completion of the entire project Section 202 amended Definitions (Family) This administrative amendment is necessary to conform the Building Code definition of Family to the Palo Alto Municipal Code. B. Findings for Substantive Local Amendments Section 702A amended Definitions (Wildland-Urban Interface Fire Area) Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 Edition, which explains that additional precautions are necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone Section amended Sprinkler Systems Where required Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 edition, which explains that additional precautions are necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone, and in the densely populated area of Palo Alto Section added Roof guards at interior courts Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 edition Section amended Roofing requirements in a Wildland-Urban Interface Fire Area Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 edition, which explains that additional precautions are necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone Section added - Palo Alto Flood Hazard Regulations referenced Finding: This section is amended to conform to other provisions of the Palo Alto Municipal Code and to comply with the National Flood Insurance Program (implementing the National Flood Act of 1968, as amended), and federal regulations adopted thereunder for the purpose of promoting public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas of the City defined by unique topographic conditions cjs

20 Table amended Footings Supporting Walls of Light-Frame Construction Finding: This amendment is needed due to Palo Alto's expansive adobe soil conditions. The minimum foundation requirements are based on sound engineering practices Section 1908 amended Modifications to ACI 318 Finding: The greater San Francisco Bay region is a densely populated area with many buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to, the 1989 Loma Prieta Earthquake. The proposed modification to ensure that the design of slender walls must satisfy both strength and serviceability requirements needs to be incorporated into the local Building Code to ensure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Building Code Section added Existing Group R occupancies Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 edition Section added Fire walls Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in the City s Ordinance Adopting the California Fire Code, 2007 edition Section amended Stairways required Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 edition Section added Required means of egress Finding: This amendment makes the provisions of the California Building Code, 2007 edition, as amended locally, consistent with those of the California Fire Code, 2007 edition, as amended locally. The Finding for this amendment is set forth in Exhibit A of the City s Ordinance Adopting the California Fire Code, 2007 edition Section amended Definitions (Substantial Structural Damage; Section added Repairs Finding: The greater San Francisco Bay region is a densely populated area with many buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to, the 1989 Loma Prieta Earthquake, and other natural and man-made disasters. These amendments are intended to promote pre-disaster mitigation measures as part of repairs and renovations to existing buildings, as well as establish reasonable repair and reconstruction requirements for damaged buildings, in a manner consistent with the Federal cjs

21 Emergency Management Agency s (FEMA s) implementation of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, ( Stafford Act ), so that Public Assistance funds may be secured for the repair and restoration of eligible government and non-profit facilities damaged in a Presidential declared disaster Section added Additions, alterations and repairs exceeding 50% Finding: This amendment requires that existing structures be brought to current standards for earthquake forces at the time of major remodeling if the value of the remodeling exceeds fifty percent (50%) of the value of the existing structure. This amendment is necessary because the greater San Francisco Bay region is a densely populated area with many buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to, the 1989 Loma Prieta Earthquake Section added Suspended ceiling systems Finding: This amendment requires that existing suspended ceilings be braced for lateral forces at the time of remodel work. This amendment is necessary because the greater San Francisco Bay region is a densely populated area with many buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to, the 1989 Loma Prieta Earthquake Referenced Standard amended ASCE 7, Section Finding: The greater San Francisco Bay region is a densely populated area with many buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1989 Loma Prieta Earthquake. The seismic separation is necessary to permit adjoining buildings, or parts thereof, to respond to earthquake ground motion independently and preclude possible structural damage due to pounding between buildings and other structures. The need to incorporate this modification into the local Building Code will help to ensure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Building Code cjs