For the purpose of setting forth proper regulations for the protection of the public health, safety and welfare, regulating the erection, construction, enlargement, alteration, repair, relocation, demolition, conversion, occupancy, equipment, use, height, area and maintenance of buildings and structures in the city, providing for the issuance of permits and collection of fees therefor, and provisions for the violation thereof, the following construction codes are adopted, as amended, to apply in the City of Gilroy:

(a) 2022 California Building Code;

(b) 2022 California Residential Code;

(d) 2022 California Mechanical Code;

(e) 2022 California Plumbing Code;

(f) 2022 California Energy Code;

(g) 2022 California Historical Building Code;

(h) 2022 California Existing Building Code;

(i) 2021 International Property Maintenance Code;

(j) 2021 International Swimming Pool and Spa Code;

(k) 2022 California Green Building Standards Code;

(l) 2022 California Fire Code. (Ord. No. 2022-10, § 3, 11-21-22)

6.2 Review of plans—Additional requirements.

It is hereby declared that the erection or location of shacks or other unsightly buildings in the city for dwelling purposes hinders the orderly and harmonious development of the city; may increase the fire hazard and tend to spread disease; impair the desirability of residences, occupation or investment in the city; limit the opportunity to attain the optimum use of land and improvements; lessen the enjoyment of property, and is detrimental to the health, safety and general welfare; and that it is desirable and in the public interest to make reasonable provisions to avoid such results.

In case an application is made for a permit to erect, construct or establish a dwelling in the city, except adjacent to any state highway, the application shall be accompanied by drawings and sketches showing the front, side and rear elevations of the building, structure or other building as the same will appear after the work for which the permit is sought has been completed. In addition to specifications, such work and specifications shall be referred to the building inspector in an endeavor to provide that such buildings, structures and other improvements shall be so designed and constructed that they will not be unsightly, undesirable or obnoxious in appearance, or detrimental to the public welfare. To this end the building inspector shall suggest any changes in the plans of such proposed buildings, structure or other building as he may deem to be necessary to accomplish the purposes of this section, and shall not approve any such plans or issue any permit until he is satisfied that such purposes will be served thereby.

In case the applicant or any property owner adversely affected is not satisfied with the action of the building inspector, he may, within thirty (30) days of such action, appeal in writing to the city council. The city council shall hold a hearing on such appeal and shall render its decision thereon within thirty (30) days after the filing thereof. No permit, as provided in this section, shall be issued unless the plans and specifications filed with the application therefor, as required in this section, shall first have been approved by the city council.

Upon such approval such permit shall be issued. (Ord. No. 569, § 2; Ord. No. 664, § 1; Ord. No. 693, § 2; Ord. No. 865, § 1, 9-2-69; Ord. No. 871, § 2, 11-3-69)

6.3 Public toilets.

(a) Scope.

(1) This section shall apply to all gasoline service stations and food service and beverage establishments where facilities are provided to consume food or beverages on the premises.

(2) This section shall also apply to all other buildings and portions thereof of fifteen thousand (15,000) square feet or more customarily frequented by the public, where members of the public customarily enter to transact business with the occupants thereof, unless exempted by the building board of appeals, upon showing that public presence is infrequent or that the average duration of the customary business carried on by the public in such building, or portion thereof, is so short that public toilet facilities are unnecessary.

(b) Facilities Required.

(1) Where any city permit is required to be issued for a building or portion thereof determined to be subject to this section, such permit shall require that such building or portion thereof provide a clearly marked toilet facility for each sex, located either in the main building or conveniently adjacent thereto on the same property so that they are accessible and available for the use of the public; such facilities may be locked to prevent abuse, provided the keys are available to the public.

(2) Existing buildings or portions thereof having only one restroom may be granted an exemption by the building board of appeals, on the basis of hardship, but such exemption shall be reconsidered upon each permit application.

(3) This section shall not be construed to require separate facilities for employees of the building, but neither shall this section operate to relieve any other requirements for toilet facilities in any building. (Ord. No. 80-9, § 1, 4-7-80; Ord. No. 91-13, §§ 1, 2, 5-20-91)

6.4 Reserved.

Editor’s note—Ord. No. 86-19, § 44, adopted October 6, 1986, repealed § 6.4 in its entirety. Former § 6.4 was concerned with applicability of the article, and derived from Ord. No. 570, § 2.

6.5 Reserved.

Editor’s note—Ord. No. 91-9, § 1, adopted May 6, 1991, repealed former § 6.5 in its entirety. Former § 6.5 was concerned with violation of the article, and derived from Ord. No. 569, § 3; and Ord. No. 77-15, § 3, adopted April 18, 1977.

ARTICLE II. BUILDING CODE AMENDMENTS

6.6 Adoption.

(a) This article shall be known and cited as the Gilroy building safety code.

(b) The following codes are hereby adopted by reference for the City of Gilroy:

(1) The 2022 California Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendix J. Amendments, if any, are set forth in section 6.7(a). The 2022 California Building Code shall be designated and referred to as the “building code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(2) The 2022 California Residential Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendix K. Amendments, if any, are set forth in section 6.7(b). The 2022 California Residential Code shall be designated and referred to as the “residential code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(3) The 2022 California Electrical Code, published by the National Fire Protection Agency and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Annexes A, B, C, D, and F. Amendments, if any, are set forth in section 6.7(c). The 2022 California Electrical Code shall be designated and referred to as the “electrical code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(4) The 2022 California Mechanical Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(d). The 2022 California Mechanical Code shall be designated and referred to as the “mechanical code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(5) The 2022 California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices A, B, C, D, I, and M. Amendments, if any, are set forth in section 6.7(e). The 2022 California Plumbing Code shall be designated and referred to as the “plumbing code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(6) The 2022 California Energy Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices 1-A and 1-B. Amendments, if any, are set forth in section 6.7(f). The 2022 California Energy Code shall be designated and referred to as the “energy code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(7) The 2022 California Historical Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(g). The 2022 California Historical Building Code shall be designated and referred to as the “historical building code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(8) The 2022 California Existing Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices A1, A2, A3, and A5. Amendments, if any, are set forth in section 6.7(h). The 2022 California Existing Building Code shall be designated and referred to as the “existing building code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(9) The 2021 International Property Maintenance Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendix A. Amendments, if any, are set forth in section 6.7(i). The 2021 International Property Maintenance Code shall be designated and referred to as the “property maintenance code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(10) The 2021 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(j). The 2021 International Swimming Pool and Spa Code shall be designated and referred to as the “swimming pool and spa code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.

(11) The 2022 California Green Building Standards Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, also known as the CALGreen Code, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices A4, A5, and A6.1. Amendments, if any, are set forth in section 6.7(k). The 2022 California Green Building Standards Code shall be designated and referred to as the “green building standards code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public. (Ord. No. 2022-10, § 4, 11-21-22; Ord. No. 2022-11, § 3, 11-21-22)

6.7 Amendments.

(a) Amendments to the Building Code.

(1) Amend Section 1.8.4.2 to read as follows:

1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee Schedule.

(2) Amend Section 105.7 to read as follows:

105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

(3) Amend Section 109.2 to read as follows:

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required by the currently adopted City of Gilroy Comprehensive Fee Schedule.

(4) Amend Section 109.4 to read as follows:

109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by the current City of Gilroy Comprehensive Fee Schedule approved by the city council.

(5) Add Section 109.7 to read as follows:

109.7 Plan review fees. When a plan review requires a plan checking fee, the fee shall be paid at the time of submitting plans, calculation and specifications for checking. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee may be charged as deemed necessary by the building official at an hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city council.

(6) Add Section 110.7 to read as follows:

110.7 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

(7) Amend Section 402.5 as follows: Delete exception.

(8) Amend Section 403.3 as follows: Delete exception.

(9) Amend Section 404.3 as follows: Delete all exceptions.

(10) Amend Section 410.6 as follows: Delete all exceptions.

(11) Amend Section 903.2 to read as follows:

903.2 Where Required. Approved Automatic sprinkler system in new and existing buildings and structures shall be provided in the locations as set forth in the Gilroy Fire Code and the California Fire Code. If any conflicts occur between the California Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall prevail.

(12) Amend Section 1505.1.3 to read as follows:

1505.1.3 Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall comply with Section 705A. 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.

(13) Add Section 1505.1.4 to read as follows:

1505.1.4 Roofing. Class A roof covering shall be required for all Hillside Construction.

(14) Amend Section 1705.3 Exception 1 to read as follows:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based upon a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

(15) Amend Section 1808.1 by adding the following to the end of the section to read as follows:

All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect.

(16) Adopt the following Appendix: Appendix J—Grading.

(17) Add subsections to Section J110, Erosion Control, to read as follows:

Section J110.3 Erosion Control.

a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information:

1. Maximum surface runoff from the site as calculated using the method approved by the Building Official.

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and methods of applying mulches to be used.

3. A delineation and brief description of vegetative measures to be taken, including but not limited to, seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.

b. No improvements planned. Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must:

1. Submit an Interim Plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved.

2. Submit a request for release after the completion of grading.

c. Work Schedule. The applicant must submit a master work schedule showing the following information:

1. Proposed grading schedule.

2. Proposed conditions of the site on each July 15, August 15, September 15, and October 15 during which the permit is in effect.

3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion control devices and vegetative measures on each of the dates set forth in Subsection (2).

4. Schedule for construction of final improvements, if any.

5. Schedule for installation of permanent erosion and sediment devices where required.

d. Season Work (October 15 to April 15).

1. For commencement of the grading during the wet season, applicant must provide special documentation, as required by Building Official, showing the reasons other than financial, for the need to commence at that time.

2. For continuation of activities, other than installation, maintenance or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive in writing from the Building Official, every five (5) working days, special permission to proceed.

3. The Building Official shall grant permission under this subsection on the basis of weather forecasts, experience and other pertinent factors, which indicate the activity, may occur without excessive erosion occurring.

Section J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance.

Section J110.5 Archeological Discovery. If in the course of any grading operation, any artifacts, human remains, or substantial fossils are discovered, all grading operations shall cease, and the discovery site shall be suitably marked and protected from further damage. A report of such findings shall be as outlined in the Zoning Ordinance. Specifically, if human remains are discovered, the Sheriff-Coroner and the Building Official shall be notified. If no human remains are discovered, but artifacts or significant fossils are discovered, the Building Official shall be notified.

J110.6 Administration and Enforcement.

J110.6.1 Work Stoppage. Whenever the Building Official determines that the work does not comply with the terms of the permit or of this Ordinance Section, they may order the immediate cessation of all work hereunder until such corrective measures have been completed.

J110.6.2 Right of Entry. Whenever the Building Official or designated subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion and/or a violation of this Ordinance Section, they may enter such site at all reasonable times to inspect the same, to perform any duty imposed upon them by this Ordinance Section; providing that if such premises are occupied, they shall first present proper credentials and request entry, and if the premises are found to be unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of said premises and request entry. If such entry is refused or the owner or person having charge or control cannot be located after reasonable effort, the Building Official shall have recourse to every remedy provided by law to secure entry and abate the erosion or violation.

J110.6.3 Notification of Violation. Any person found to be in violation of the provisions of this Ordinance Section shall be required to correct the problem upon written notification from the Building Official or designated subordinate(s). Such written notification may require that certain conditions be adhered to in the correction of the problem. These may include, but are not limited to, the following:

a. Use of specific erosion control techniques.

b. Submittal of plans and specifications to be approved by the Community Development Department, and any other department affected by such work, prior to the commencement of corrective work.

c. Completion of corrective work within a specified time period.

J110.6.4 Abatement of Violation. If the responsible party fails to act in response to written notification of the Building Official, the violation may be declared a public nuisance and be abated as required to restore the site to its original condition. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, or other body of water, or significant habitat or archeological site, the Building Official may have the necessary corrective work done and bill the property owner or lien the property for repayment.

J110.6.5 Penalties.

a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating, or causing or permitting the violation of any of the provisions of this Ordinance Section shall be subject to citations and penalties set forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A.

b) Each separate day or portion thereof during which any violation occurs or continues without a good faith effort by the responsible person to correct the violation, shall be deemed to constitute a separate offense.

c) In addition to the above noted penalties, the Building Official is hereby authorized to attach an investigation fee up to twice the grading permit fee, to any such permit issued for corrective action.

J110.6.6 Enforcement. The Building Official and or their designated subordinate(s) is hereby authorized and directed to enforce all the provisions of this Ordinance Section. For such purpose, the Building Official shall have the powers of a law enforcement officer.

J110.6.7 Appeals. Any person who believes the Building Official has erred in the technical application of this Ordinance Section may appeal such action to the Building Board of Appeals.

(b) Amendments to the Residential Code.

(1) Adopt the following Appendix: Appendix K—Sound Transmission.

(1) Amend Section 230.2 by adding subsection (F) to read as follows:

230.2(F). Underground Service. All new electrical services shall be underground and installed per Section 230.30, Underground Service-Lateral Conductors. In existing commercial and industrial areas, existing overhead utilities shall be placed underground in connection with new development. In existing residential areas of the city in which development has occurred with overhead utilities in or along the frontage of properties, existing utilities shall be placed underground in connection with the development or redevelopment of property consisting of four (4) or more dwelling units.

(2) Amend Section 230.70(A) by adding subsection (4) to read as follows:

(4) Main Service Disconnect Location. The building main service disconnect and/or disconnects shall be installed on the first-floor level of the building, in accordance with 230.70(A)(l), (A)(2), and (A)(3).

(3) Amend Section 250.50 by adding subsection (A) to read as follows:

Main 250.50(A). Grounding System in New Buildings. Grounding electrode systems in all new buildings shall be an electrode encased by at least 50 mm (two inches) of concrete, located horizontally near the bottom or vertically, and within that portion of a concrete foundation or footing that is in direct contact with earth. The electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not less than 13 mm (1/2 inch) diameter or consisting of at least 6.0 m (20 feet) of bare copper conductor not smaller than 4 AWG. The connection side of this concrete-encased electrode shall be located remotely away from the main electrical service equipment.

(4) Adopt the following annexes:

a. Annex A—Product Safety Standards.

b. Annex B—Application Information for Ampacity Calculation.

c. Annex C—Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires of the Same Size.

d. Annex D—Examples.

e. Annex F—Availability for Critical Operations Power Systems; and Development and Implementation of Functional Performance Tests (FPTs) for Critical Operations Power Systems.

(d) Amendments to the Mechanical Code.

(1) Adopt no amendments.

(e) Amendments to the Plumbing Code.

(1) Amend Section 604.3 to read as follows:

604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for potable water piping shall have a weight of not less than type “L.”

(2) Add Section 719.1.1 to read as follows:

719.1.1 Clean-outs shall be installed on private property adjacent to property line where the private sewer system connects to the public sanitary sewer lateral. All such line clean-outs shall be extended to grade with materials according to specifications approved by the Administrative Authority and terminate within a listed and labeled box.

Exception: If the lateral does not exceed 12 ft. from the back of sidewalk to the building drain clean-out, the run must be substantially straight.

(3) Adopt the following appendices:

a. Appendix A—Recommended Rules for Sizing the Water Supply System.

b. Appendix B—Explanatory Notes on Combination Waste and Vent Systems.

c. Appendix C—Alternate Plumbing Systems.

d. Appendix D—Sizing Storm Water Drainage Systems.

e. Appendix I—Installation Standards.

f. Appendix M—Peak Water Demand Calculator.

(f) Amendments to the Energy Code.

(1) Adopt the following appendices:

a. Appendix 1-A—Standards and Documents Referenced in the Energy Code.

b. Appendix 1-B—Energy Commission Documents Incorporated by Reference in Their Entirety.

(g) Amendments to the Historical Building Code.

(1) Adopt no amendments.

(h) Amendments to the Existing Building Code.

(1) Adopt the following appendices:

a. Appendix A1—Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings.

b. Appendix A2—Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms.

c. Appendix A3—Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings.

d. Appendix A5—Referenced Standards.

(i) Amendments to the Property Maintenance Code.

(1) The codes, standards, and references in this code shall be revised as follows:

Delete the following references		Insert the following code references
•	International Building Code	•	2022 California Building Code
•	International Mechanical Code	•	2022 California Mechanical Code
•	National Electrical Code	•	2022 California Electrical Code
•	International Fire Code	•	2022 California Fire Code
•	International Plumbing Code	•	2022 California Plumbing Code
•	International Existing Building Code	•	2022 California Existing Building Code
•	International Residential Code	•	2022 California Residential Code
•	International Energy Conservation Code	•	2022 California Energy Code
•	International Green Construction Code	•	2022 California Green Building Standards Code
•	International Zoning Code	•	City of Gilroy Zoning Ordinance
•	International Fuel Gas Code	•	No reference
•	Name of Jurisdiction	•	City of Gilroy
•	Jurisdiction to insert appropriate schedule	•	Current City of Gilroy Comprehensive Fee Schedule
•	Board of appeals	•	Hearing Officer

(2) Amend Section 102.4 to read as follows:

102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the correction of any code violation or the removal or demolition of any structure that is dangerous, unsafe, or insanitary.

(3) Amend Section 105.3 by adding the following to the end of the section to read as follows:

Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means.

(4) Amend 107.1 to read as follows:

107.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the hearing officer, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

(5) Delete Section 107.2, Limitations of authority, through Section 108.1, Membership of board.

(6) Amend Section 109.1 to read as follows:

109.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premise, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or the technical codes.

(7) Amend Section 109.5 by adding the following to the end of the section to read as follows:

Procedures used and actions taken to correct or abate violations are not limited by this code. Procedures used and actions taken under this code may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property.

(8) Amend Section 111.1 to read as follows:

111.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

(9) Amend Section 111.1.4 to read as follows:

111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

(10) Amend Section 111.1.5 by adding the following paragraph to the end of the section:

12. Whenever exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

(11) Amend Section 111.2 by deleting the words “of condemnation”:

(12) Amend Section 111.5 to read as follows:

111.5 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor.

(13) Amend Section 111.7 to read as follows:

111.7 Placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code or the technical codes and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order regarding the structure, equipment, or premise, and specify the conditions which necessitated the posting.

(14) Amend Section 111.7.1 to read as follows:

111.7.1 Placard removal. The code official shall remove the placard whenever the defect or defects upon which the placarding action was based has been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code.

(15) Amend Section 111.8 to read as follows:

111.8 Prohibited occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code officials posted order.

(16) Add Section 111.10 to read as follows:

111.10 Recordation of Notices and Orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property, and that the premise, building, structure or building service equipment is in violation of this code or the technical codes or other regulation applicable to buildings or structures or property. Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, and when all fines, fees, penalties, and incurred costs associated with the property have been satisfied, the code official shall issue a new certificate certifying that all required corrections have been made.

(17) Amend Section 202 definition for “dwelling unit” to read as follows:

Dwelling Unit. A single unit, whether part of a multiple unit complex, or a detached individual residential dwelling, that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. “Recreational vehicles” as defined by Gilroy Zoning Ordinance Section 30.2.20 shall not be used or classified as Dwelling Units and must at all times be stored with pop-outs closed and utilities disconnected in compliance with Gilroy Zoning Ordinance Section 30.33, unless they are located in an approved mobile home park or RV park.

(18) Amend Section 202 definition for “garbage” to read as follows:

GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code Section 12.1.

(19) Amend Section 202 definition for “inoperable motor vehicle” to read as follows:

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

(20) Amend Section 202 definition for “rubbish” to read as follows:

RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code Section 12.1.

(21) Amend Section 301.3 by adding the following paragraph to the end:

The storage of any motor vehicle, special mobile equipment, truck, boat, travel trailer, aircraft, camper, mobile home, recreational vehicle, motorcycle, appliance, furniture or the storage or accumulation of garbage, refuse or rubbish as defined by Gilroy Municipal Code Chapter 12 or the storage of any boxes or similar storage containers, household items or residential belonging or similar objects, materials of any kind or the storage or placement of any building or structure including permit exempt storage buildings or structures, on any vacant parcel without approval of the City of Gilroy is prohibited.

(22) Amend Section 302.1 to read as follows:

302.1 Sanitation. Exterior property areas and premises shall be maintained by the property owner in a clean, safe and sanitary condition. In residential zones, accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches, carports, or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy-two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Gilroy Municipal Code Section 13.1(b) shall also comply with the requirements of Municipal Code Section 5B.2(d)(1).

(23) Amend Section 302.2 by adding the following sentence at the end of the section:

Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

(24) Amend Section 302.3 by adding the following paragraph at the end:

The owner of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe and sanitary condition. Maintenance shall include the removal and proper disposal, by methods approved by the City of Gilroy, of any dangerous, unsightly and unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other substances or items, which have been placed, dropped or spilled upon the sidewalks. Where said unsightly or unsanitary conditions have been created or caused by the owner of such building, lot or premises, whether upon the sidewalks and/or walkways located upon his premises or the public sidewalks between such premises and any adjacent public street or alley, or the sidewalks adjacent to buildings, lots or premises in the vicinity, the owner shall immediately restore the sidewalks and/or walkways to a clean, safe and sanitary condition.

(25) Amend Section 302.4 to read as follows:

302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit excess weeds or vegetation to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. Where overgrown weeds, vegetation, shrubbery, vines or trees, create an encroachment, harborage or shelter; the code official shall require the property owner to trim, cut, destroy or remove the overgrowth, and/or raise the vegetation canopy to a height of seven feet above the ground. All noxious weeds shall be prohibited. Weeds shall be defined per Municipal Code Section 12.45.

Upon failure of the owner or agent having charge of a property to cut and destroy excess weeds or vegetation after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the City of Gilroy. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property in violation and cut and destroy the weeds or excess vegetation growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

(26) Amend Section 302.8 exception to read as follows:

Exception: An owner, lessee, or occupant of the property may repair, wash, clean, or service personal property, provided they comply with Gilroy Zoning Ordinance and Municipal Codes requirements.

(27) Amend Section 303.2 to read as follows:

303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds containing water more than 18 inches in depth shall be completely enclosed by a fence, wall or other barrier not less than 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost. The vertical clearance from the ground to the bottom of the enclosure shall be a maximum of two inches (2"). The maximum vertical clearance at the bottom of the barrier may be increased to four inches (4") when the grade is a solid surface such as a concrete deck. On wood fences with horizontal members spaced less than forty-five inches (45") apart, the horizontal members shall be placed on the poolside of the barrier. The outside surface of the enclosure shall be free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. Existing pool enclosures shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.

(28) Delete Section 304.3, Premises identification.

(29) Amend Section 304.7 to read as follows:

304.7 Roofs and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Damaged or deteriorated roofs and flashing shall be repaired as expeditiously as possible. When emergency temporary roof repairs require the installation of tarps or plastic sheeting to prevent leaks, the temporary repairs shall not extend beyond one month, unless approved by the Code Official. Such temporary repairs must have all edges of the material fastened and restrained with sufficient tension to prevent movement or flapping in the wind. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

(30) Amend Section 304.14 first sentence by deleting the words: “During the period from [DATE] to [DATE],”

(31) Amend Section 304.15 to read as follows:

304.15 Doors. Exterior doors, door assemblies, including weather stripping, thresholds, closers and operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

(32) Amend Section 304.16 to read as follows:

304.16 Under-Floor areas. Under-floor access doors, hatchways and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to 2022 California Building Code Section 1203.

(33) Amend Section 304.18.2 to read as follows:

304.18.2 Windows. Operable windows that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform.

(34) Amend Section 305.1, first sentence, to read as follows:

305.1 General. The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition.

(35) Amend Section 305.6 to read as follows:

305.6 Interior Doors. Every interior door, frame and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed, and latched. Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

(36) Amend Section 308.3.1 to read as follows:

308.3.1 Garbage facilities. The owner of every dwelling unit or the proprietor, manager, owner or lessee of any hotel, restaurant, boardinghouse, rooming house or other place of business in the city shall be responsible for providing approved leak-proof, covered, outside garbage receptacles for each dwelling unit or place of business pursuant to Gilroy Municipal Code Section 12.18. Receptacles and storage areas shall be at all times kept in a sanitary condition. Receptacles shall be placed for collection in the alley behind the premises, or if there is no alley access, then on the front curb in front of the premises being served, or such other place as may be approved by the director of public works or the garbage contractor, so as to be readily accessible for removing and emptying the same. Receptacles shall be placed in the proper area for collection the evening prior to collection and shall be removed and stored at an approved location by the morning after. For dwelling units, receptacles shall be stored in the side yard adjacent to the house or garage. Where the code official repeatedly finds a site in violation of Municipal code section 5B.2(2) or 5C.7, he or she may require the property owner to provide an additional or larger outside garbage container for the premise to use.

(37) Amend Section 309.1 to read as follows:

309.1 Infestation. All structures shall be kept free from insect, rodent, vermin, or other infestations. When an insect, rodent, vermin or other infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination or elimination of the infestation. All structures and/or areas in which infestations are found, shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

(38) Amend Section 309.2 to read as follows:

309.2 Owner. The owner of any structure or premise shall be responsible for extermination within the structure or premise prior to renting or leasing the structure or premise. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/or pest-free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise “as clean and sanitary as the condition of the structure or premise permits”. For as long as the occupant’s failure either substantially causes an unlivable condition to occur, or substantially interferes with the owner’s ability to repair the condition, the owner does not have to repair the condition. Where defects in a structure substantially contribute to or cause an infestation, the owner shall be responsible for correction of the defect and extermination of the infestation.

(39) Delete Section 309.3, Single Occupant, through Section 309.5, Occupant.

(40) Delete Section 404.5, Overcrowding, through Section 404.6, Efficiency unit.

(41) Amend Section 505.3 by adding the following sentence to the end of the section:

Where there’s damage or unauthorized modification to or use of a backflow prevention device, the code official may require theft prevention cages or enclosures to be installed.

(42) Amend Section 505.4. Delete the words: “adequate combustion air is provided” and replace with the words: “the installation complies with Chapter 5 of the California Plumbing Code and Section 904.0 of the 2022 California Mechanical Code.”

(43) Amend Section 506.2 by adding the following sentence to the end of the section:

Sewer line cleanout plugs, or caps shall be of an approved type and shall be securely installed and remain in place at all times except when servicing the drain line.

(44) Amend Section 602.2 to read as follows:

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances, fireplaces and portable heaters shall not be used as a means to achieve compliance with this section.

(45) Delete the exception in Section 602.2.

(46) Amend Section 602.3 by deleting the words “during the period from [DATE] to [DATE],”

(47) Amend Section 602.3, Exception 1, last sentence to read as follows:

The winter outdoor design temperature for the locality shall be 32ºF.

(48) Delete Section 602.3 Exception 2.

(49) Delete Section 602.4, Occupiable work spaces.

(50) Amend Section 603.1 to read as follows:

Mechanical equipment, kitchen hoods, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing their intended function. When new mechanical equipment is installed and the old equipment is no longer in use, the old equipment must be removed from the structure. Openings left in the walls, floors or ceilings must be properly repaired and painted. Electrical circuits and gas lines must be properly abandoned and inspected.

(51) Amend Section 604.3 to read as follows:

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons including the improper use of extension cords as permanent wiring, the code official shall require the defects to be corrected to eliminate the hazard.

(52) Amend Section 605.3 by adding the following sentence to the end of the section:

No unobstructed beam of exterior lighting shall be directed outward from a site toward any residential use or public right-of-way.

(53) Adopt the following Appendix:

a. Appendix A—Boarding Standard.

(j) Amendments to the Swimming Pool and Spa Code.

(1) Adopt no amendments.

(k) Amendments to the Green Building Standards Code.

(1) Add to Section 2, Definitions, as follows:

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.

LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:

i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.

ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:

i. 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.

ii. 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 inaccessible conduit.

iii. 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.”

iv. 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 EVs at all required EV spaces at a minimum of 40 amperes.

v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:

i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.

ii. 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.

iii. Conduit oversized 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:

i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:

i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring.

iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

(2) Amend Section 301.1.1 to read as follows:

301.1.1 Additions and alterations.

[HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. (No change to existing California amendment.)

The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.

The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

(3) Amend Section 4.106.4 to read as follows:

4.106.4 Electric vehicle (EV) charging. Residential construction shall comply with Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future 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, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.

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 must have 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 shall provide, based on the total number of parking spaces, at least five percent (5%) with EVCS Level 2 EV Ready, twenty-five percent (25%) with Low Power Level 2 EV Ready, and ten percent (10%) with Level 2 EV Capable according to 2022 California Green Building Standards Code requirements.

(4) Amend Section 4.106.4.1 title to read as follows:

4.106.4.1 One- and two-family dwellings and townhouses with private garages.

(5) Amend Section 4.106.4.1.1 to read as follows:

4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space.

(6) Add Section 4.106.4.1.2 as follows:

4.106.4.1.2 Existing Building. Parking additions or electrical panel upgrades must have reserved breaker spaces and electrical capacity according to the requirements of 4.106.4.1.1.

(7) Amend Section 4.106.4.2 to read as follows:

4.106.4.2 Multifamily dwellings, with new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.

(8) Amend Section 4.106.4.2.1 to read as follows:

4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling units with 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 EV 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.

(9) Amend Section 4.106.4.2.2 to read as follows:

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 parking 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 Code Chapters 11A and 11B.

2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).

(10) Delete Section 4.106.4.2.2.1.3, Accessible EV spaces.

(11) Delete Section 4.106.4.2.3, EV space requirements.

(12) Delete Section 4.106.4.2.4, Identification.

(13) Delete Section 4.106.4.2.5, Electrical vehicle ready space signage.

(14) Amend Section 4.106.4.3 to read as follows:

4.106.4.3 Electric vehicle charging stations (EVCS).

Electric vehicle charging stations required by Section 4.106.4.2, 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.

(15) Add Section 4.106.4.3.1 to read as follows:

4.106.4.3.1 Location.

EVCS shall comply with at least one of the following options:

1. 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.

2. 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 11B, are not required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2, Item 3.

(16) Add Section 4.106.4.3.2 to read as follows:

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) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).

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, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.

(17) Add Section 4.106.4.4 to read as follows:

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. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

(18) Amend Section 5.106.5.3 to read as follows:

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 11B-228.3. 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 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 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 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.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

(19) Amend Section 5.106.5.3.1 to read as follows:

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared PARKING Space.

5.106.5.3.1.1 New Construction. Twenty percent (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 provided shall be Level 2 EV Capable.

5.106.5.3.1.2 Existing Buildings. 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 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 11A and 11B.

(20) Delete Table 5.106.5.3.1.

(21) Amend Section 5.106.5.3.2 to read as follows:

5.106.5.3.2 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 percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

(22) Amend Section 5.106.5.3.3 to read as follows:

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 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.3.2 Existing Buildings. 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 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 11A and 11B.

(23) Amend Section 5.106.5.3.4 to read as follows:

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 Level 2 spaces.

(24) Amend Section 5.106.5.4 to read as follows:

5.106.5.4 Electric vehicle charging readiness: medium-duty and heavy-duty. [N]

Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for 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 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local 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.

(25) Amend Section 5.106.5.4.1 title to read as follows:

5.106.5.4.1 Warehouses, grocery stores and retail stores with planned off-street loading spaces.

(26) Adopt the following appendices:

a. Appendix A4—Residential Voluntary Measures.

b. Appendix A5—Nonresidential Voluntary Measures.

c. Appendix A6.1—Voluntary Standards for Health Facilities.

(27) Amend Section A4.106.9.2 to read as follows:

A4.106.9.2 Long-term bicycle parking for multifamily buildings. Provide on-site bicycle parking for at least one bicycle per every one dwelling unit. Acceptable parking facilities shall be conveniently reached from the street and may include, but not be limited to:

1. Covered, lockable enclosures with permanently anchored racks for bicycles.

2. Lockable bicycle rooms with permanently anchored racks.

3. Lockable, permanently anchored bicycle lockers.

(28) Amend Section A4.106.9.3 to read as follows:

A4.106.9.3 Long-term bicycle parking for hotel and motel buildings. Provide one on-site bicycle parking space for every 25 rooms (for employees and guests).

Acceptable parking facilities shall be conveniently reached from the street and may include, but not be limited to:

1. Covered, lockable enclosures with permanently anchored racks for bicycles.

2. Lockable bicycle rooms with permanently anchored racks.

3. Lockable, permanently anchored bicycle lockers.

(Ord. No. 2022-10, § 6, 11-21-22; Ord. No. 2022-11, § 5, 11-21-22)

6.8 Reserved.

ARTICLE III. RESERVED²

6.9—6.12 Reserved.

ARTICLE IV. BUILDING SECURITY

6.13 Scope.

(a) The provisions of this chapter shall apply to all activities for which a building permit is required by the ordinances of this city. The requirements of this chapter shall apply to existing buildings to the same extent as the requirements of the Uniform Building Code apply to existing buildings.

(b) Existing multiple-family dwelling units which, on the effective date of the ordinance codified in this article, are rented or leased, but thereafter are converted to privately owned family units, including condominiums, shall comply with the special residential building provisions of this chapter.

(c) Any existing structure which converts from its original occupancy group as designated in the Uniform Building Code shall comply with the provisions of this chapter.

(d) Any building which requires special type releasing, latching, or locking devices under the provisions of the Uniform Building Code or Title 19 of the California Administrative Code shall be exempt from the provisions of this article relating to locking devices of interior and/or exterior doors. (Ord. No. 85-17, § 1, 10-21-85)

6.14 Definitions.

Except as otherwise defined in this article, all terms used herein, which are defined by applicable state law, together with any amendments thereto, are used in this article as so defined, unless from the context hereof it clearly appears that a different meaning is intended.

(a) “Approved” means certified as meeting the requirements of this chapter by the enforcing authority or its authorized agents, or by other officials designated by law to give approval on a particular matter dealt with by the provisions of this chapter with regard to a given material, mode of construction, piece of equipment or device.

(b) “Auxiliary locking device” means a secondary locking system added to the primary locking system to provide additional security.

(c) “Bolt” is a metal bar which, when actuated, is projected (or thrown) either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door or window from moving or opening.

(d) “Bolt projection” or “bolt throw” is the distance from the edge of the door, at the bolt center line, to the farthest point on the bolt in the projected position.

(e) “Burglary resistant glazing” means those materials as defined in U.L. Bulletin 972.

(f) “Commercial building” is a building, or portion thereof, used for a purpose other than a residential dwelling.

(g) “Component,” as distinguished from a “part,” is a subassembly which combines with other components to make up a total door or window assembly. For example, the primary components of a door assembly include: door, lock, hinges, jamb/wall, jamb/strike and wall.

(h) “Cylinder” is the subassembly of a lock containing the cylinder core, tumbler mechanism and the keyway. A double-cylinder lock is one which has a key-actuated cylinder on both the exterior and interior of the door.

(i) “Cylinder core” or “cylinder plug” is the central part of a cylinder containing the keyway, which is rotated by the key to operate the lock mechanism.

(j) “Cylinder guard” is a tapered or flush metal ring or plate surrounding the otherwise exposed portion of a cylinder lock to resist cutting, drilling, prying, pulling, or wrenching with common tools.

(k) “Deadbolt” is a lock bolt which does not have a spring action as opposed to a latch bolt, which does. The bolt must be actuated by a key or a key and a knob or thumb turn and when projected becomes locked against return by end pressure.

(l) “Dead latch” or “deadlocking latch bolt” is a spring-actuated latch bolt having a beveled end and incorporating a plunger which, when depressed, automatically locks the projected latch bolt against return by end pressure.

(m) “Door assembly” is a unit composed of a group of parts or components which make up a closure for an opening to control passageway through a wall. For the purposes of this chapter, a door assembly consists of the following parts: door; hinges; locking device or devices; operation contacts (such as handles, knobs, push plates); miscellaneous hardware and closures; the frame, including the head, threshold and jambs plus the anchorage devices to the surrounding wall and a portion of the surrounding wall extending thirty-six (36) inches from each side of the jambs and sixteen (16) inches above the head.

(n) “Door stop” is that projection along the top and sides of a door jamb which checks the door’s swinging action.

(o) “Double cylinder deadbolt” is a deadbolt lock which can be activated only by a key on both the interior and the exterior.

(p) “Dwelling” is a building or portion thereof designed exclusively for residential occupancy, including single-family and multiple-family dwellings.

(q) “Enforcing authority” means the chief of police or his authorized representative.

(r) “Flushbolt” is a manual, key- or turn-operated metal bolt normally used on inactive door(s) and is attached to the top and bottom of the door and engages in the head and threshold of the frame.

(s) “Fully tempered glass” means those materials meeting or exceeding ANSI standard Z 97.1—Safety Glazing.

(t) “Jamb” means the vertical members of a door frame to which the door is secured.

(u) “Jamb/wall” is that component of a door assembly to which a door is attached and secured; the wall and jamb used together are considered a unit.

(v) “Key-in-knob” is a lock set having the key cylinder and other lock mechanisms contained in the knob.

(w) “Latch” or “latch bolt” is a beveled, spring-actuated bolt which may or may not have a deadlocking device.

(x) “Lock” or “lock set” is a keyed device (complete with cylinder, latch or deadbolt mechanism, and trim such as knobs, levers, thumb turns, escutcheons, etc.) for securing a door in a closed position against forced entry. For the purposes of this chapter, a lock does not include the strike plate.

(y) “Locking device” is a part of a window assembly which is intended to prevent movement of the movable sash, which may be the sash lock or sash operator.

(z) “Multiple-family dwelling” is a building or portion thereof designed for occupancy by two (2) or more families living independently of each other, including hotels, motels, apartments, duplexes and townhomes.

(aa) “Part,” as distinguished from “component,” is a unit (or subassembly) which combines with other units to make up a component.

(bb) “Primary locking device” means the single locking system on a door or window unit whose primary function is to prevent unauthorized intrusion.

(cc) “Single-family dwelling” is a building designed exclusively for occupancy by one family.

(dd) “Rail” is the horizontal member of a window or door. A meeting rail is one which mates with a rail of another sash or a framing member of the door or window frame when the sash is in the closed position.

(ee) “Sash” is an assembly of stiles, rails, and sometimes mullions assembled into a single frame which supports the glazing material. A fixed sash is one which is not intended to be opened. A movable sash is intended to be opened.

(ff) “Sill” is the lowest horizontal member of a window frame.

(gg) “Single-cylinder deadbolt” is a deadbolt lock which is activated from the outside by a key and from the inside by a knob, thumb-turn, lever, or similar mechanism.

(hh) “Solid core door” is a door composed of solid wood or composed of compressed wood equal in strength to solid wood construction.

(ii) “Stile” is a vertical framing member of a window or door.

(jj) “Strike” is a metal plate attached to or mortised into a door or door jamb to receive and to hold a projected latch bolt and/or deadbolt in order to secure the door to the jamb.

(kk) “Swinging door” is a door hinged at the stile or at head and threshold.

(ll) “U.L. listed” means tested and listed by Underwriters’ Laboratory, Inc.

(mm) “Window assembly” is a unit which includes a window and the anchorage between the window and the wall.

(nn) “Window frame” is that part of a window which surrounds and supports the sashes and is attached to the surrounding wall. The members include side jambs (vertical), head jamb (upper, horizontal), sill and mullions. (Ord. No. 85-17, § 1, 10-21-85)

6.15 Enforcement.

The city administrator, or authorized representatives, are hereby empowered and directed to administer and enforce the provisions of this article. Plans and specifications for any proposed construction must, however, be approved by the chief building inspector or authorized representatives, in accordance with the provisions of this article. No building permit is to be finally approved unless the applicant has satisfied the enforcing authority that all provisions of this article have been met. (Ord. No. 85-17, § 1, 10-21-85)

6.16 Violations and penalties.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, move, improve, convert, or equip, use, occupy or maintain any building or structure in the city, or cause 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 shall be punishable for each offense, by a fine of not more than five hundred dollars ($500.00), or by confinement in jail for not more than six (6) months, or by both fine and confinement in jail. (Ord. No. 85-17, § 1, 10-21-85)

6.17 Severability.

This article shall be deemed supplemental to any local, state or federal laws, regulations or codes dealing with life safety factors.

If any subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the chapter or its application to other persons. (Ord. No. 85-17, § 1, 10-21-85)

6.18 Alternate materials and methods of construction.

The provisions of this article are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter provided any such alternate has been approved by the enforcing authority, nor is it the intention of this article to exclude any sound method of structural design or analysis not specifically provided for in this chapter. Materials, methods of construction, or structural design limitations provided for in this article are to be used unless an exception is granted by the enforcing authority.

The enforcing authority may approve any such alternate provided they find the proposed design, material, and method of work to be for the purpose intended, at least equivalent to that prescribed in this chapter in quality, strength, effectiveness, burglary resistance, durability and safety. (Ord. No. 85-17, § 1, 10-21-85)

6.19 Appeals.

In case of any dispute regarding the suitability of alternate materials and/or methods of construction, the decision of the enforcing authority may be appealed to the building department board of appeals. The chief of police, or designee, will provide testimony, either orally or in writing, or both, in the form of a recommendation to the board of appeals. All board of appeal procedures will be followed as in any other building-related appeal. (Ord. No. 85-17, § 1, 10-21-85)

6.20 Keying requirements.

Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development, constructed under the same development plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. (Ord. No. 85-17, § 1, 10-21-85)

6.21 Frames, jambs, strikes and hinges.

Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows:

(a) Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6) inches each side of the strike.

(b) In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings.

(c) Door stops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike.

(d) The strike plate for deadbolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze, or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached.

(e) Hinges for out-swinging doors shall be equipped with non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. (Ord. No. 85-17, § 1, 10-21-85)

6.22 Windows and sliding glass doors.

The following requirements must be met for windows and sliding glass doors:

(a) Except as otherwise provided by this chapter, all operable exterior windows and sliding glass doors shall comply with the tests set forth herein.

(b) Louvered windows shall not be used when portion of the window is less than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. (Ord. No. 85-17, § 1, 10-21-85)

6.23 Garage-type doors; rolling overhead, solid overhead, swing, sliding or accordion.

All garage doors shall conform to the following standards:

(a) Wood doors shall have panels a minimum of five-sixteenths inch in thickness with the locking hardware being attached to the support framing.

(b) Aluminum doors shall be a minimum thickness of 0.0215 inch and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door.

(c) Fiberglass doors shall have panels a minimum density of six (6) ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less than five (5) ounces per square foot.

(d) Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch.

(e) Doors that exceed sixteen (16) feet in width, but do not exceed nineteen (19) feet in width, shall have the following options as to locking devices:

(1) Two (2) lock receiving points, or one garage door type slide bolt may be used if mounted no higher than twenty-six (26) inches from the bottom of the door;

(2) A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header;

(3) Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this article.

(f) Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal device to open said door.

(g) Doors with slide bolt assemblies shall have frames a minimum of 0.120 inch in thickness, with a minimum bolt diameter of one-half inch and protrude at least one and one-half inches into the receiving guide. A bolt diameter of three-eighths inch may be used in a residential building. The slide bolt shall be attached to the door with nonremovable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies.

(h) Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at heel and toe and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position. Padlock(s) used with interior mounted slide bolt(s) shall have a hardened steel shackle with a minimum four (4) pin tumbler operation. (Ord. No. 85-17, § 1, 10-21-85)

6.24 Special residential building provisions.

(a) Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows:

(1) All wood doors shall be of solid core construction with a minimum thickness of one and three-quarters inches, or with panels not less than nine-sixteenths inch thick.

(2) A single or double door shall be equipped with a single cylinder deadbolt lock. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth inch in diameter. A dual locking mechanism constructed so that both deadbolt and latch can be retracted by a single action of the inside door knob, or lever, may be substituted provided it meets all other specifications for locking devices.

(3) The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eights inch into the head and threshold of the door frame.

(4) Glazing in exterior doors or within twelve (12) inches of any locking mechanism shall be of fully tempered glass or rated burglary-resistant glazing.

(5) Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle (180 degree) door viewer, not to be mounted more than fifty-eight (58) inches from the bottom of the door.

(b) Street numbers and other identifying data shall be displayed as follows:

(1) All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. The numerals and a light source shall be contained within a single weather-resistant fixture providing illumination of the numerals during all hours of darkness.

(2) There shall be positioned at each entrance of a multiple-family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and/or pedestrian traffic.

(1) Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty-five one hundredths (.25) foot candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather- and vandalism-resistant covers.

(2) Open parking lots and carports shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather- and vandalism-resistant covers. (Ord. No. 85-17, § 1, 10-21-85)

6.25 Special commercial building provisions.

(a) Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows:

(1) Wood doors shall be of solid core construction with a minimum thickness of one and three-fourths inches. Wood panel doors with panels less than one inch thick shall be covered on the inside with a minimum sixteen (16) U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six (6) inch centers. Hollow steel doors shall be of a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designated thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around any locking device.

(2) Except when double cylinder deadbolts are utilized, any glazing in exterior doors or within forty-eight (48) inches of any door-locking mechanism shall be constructed or protected as follows:

a. Fully tempered glass or rated burglary resistant glazing; or

b. Iron or steel grills of at least one-eighth inch material with a minimum two (2) inch mesh secured on the inside of the glazing may be utilized; or

c. The glazing shall be covered with iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material, spaced not more than five (5) inches apart, secured on the inside of the glazing.

d. Items b and c above shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code.

(b) All swinging exterior wood and steel doors shall be equipped as follows:

(1) A single or double door shall be equipped with a double-cylinder deadbolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths inch into the strike-receiving projected bolt. The cylinder shall have a cylinder guard minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth inch in diameter. The provisions of the preceding paragraph do not apply where:

a. Panic hardware is required; or

b. An equivalent device is approved by the enforcing authority.

(2) Double doors shall be equipped as follows:

a. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eighths inch into the head and threshold of the door frame.

b. Double doors shall have an astragal constructed of steel a minimum of 0.125 inch thick which will cover the opening between the doors. The astragal shall be a minimum of two (2) inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more than ten (10) inch centers. (The door to which such an astragal is attached must be determined by the fire-safety codes adopted by the enforcing authority.)

(1) The jamb on all aluminum frame swinging doors shall be so constructed or protected to withstand one thousand six hundred (1,600) pounds of pressure in both a vertical distance of three (3) inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike.

(2) A single or double door shall be equipped with a double-cylinder deadbolt with a bolt projection exceeding one inch, or a hook-shaped bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five (5) pin tumblers and a cylinder guard.

(d) Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows:

(1) Panic hardware shall contain a minimum of two (2) locking points on each door; or

(2) On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel 0.125 inch thick which shall be attached with nonremovable bolts to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached.

(3) Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door.

(e) Horizontal sliding doors shall be equipped with a metal guide track at top and bottom and a cylinder lock and/or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position.

(f) In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors.

(g) Windows shall be deemed accessible if less than twelve (12) feet above ground. Accessible windows and all exterior transoms having a pane exceeding ninety-six (96) square inches in an area with the smallest dimension exceeding six (6) inches and not visible from a public or private vehicular accessway shall be protected in the following manner:

(1) Fully tempered glass or burglary-resistant glazing; or

(2) The following window barriers may be used but shall be secured with nonremovable bolts:

a. Inside or outside iron bars of at least one-half inch round or one inch by one-quarter inch flat steel material, spaced not more than five (5) inches apart and securely fastened; or

b. Inside or outside iron or steel grills of at least one-eighth inch material with not more than a two (2) inch mesh and securely fastened.

(3) If a side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with hardened steel shackle, a minimum four (4) pin tumbler operation.

(4) The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code.

(h) Roof openings shall be equipped as follows:

(1) All skylights on the roof of any building or premises used for business purposes shall be provided with:

a. Rated burglary-resistant glazing; or

b. Iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material under the skylight and securely fastened; or

c. A steel grill of at least one-eighth inch material with a maximum two (2) inch mesh under the skylight and securely fastened.

(2) All hatchway openings on the roof of any buildings or premises used for business purposes shall be secured as follows:

a. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) U.S. gauge sheet metal, or its equivalent, attached with screws.

b. The hatchway shall be secured from the inside with a slide bar or slide bolts.

c. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.

(3) All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following:

a. Iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material spaced no more than five (5) inches apart and securely fastened; or

b. Iron or steel grills of at least one-eighth inch material with a maximum two inch mesh and securely fastened.

c. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior.

d. The above (a and b) must not interfere with venting requirement creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code.

(i) Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with a case hardened hasp, secured with nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin-type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position.

(j) The following standards shall apply to lighting, address identification and parking areas:

(1) The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six (6) inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building.

(2) All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot candle of light. All exterior bulbs shall be protected by weather-and vandalism-resistant cover(s).

(3) Open parking lots, and access thereto, providing more than ten (10) parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot-candle of light on the parking surface from dusk until the termination of business every operating day.

(k) Elevators shall be equipped as follows:

(1) Passenger elevators, the interiors of which are not completely visible when the car door(s) is open, shall have mirrors so placed as to make visible the whole of the elevator interior to prospective passengers outside the elevator; mirrors shall be framed and mounted to minimize the possibility of their accidentally falling or shattering.

(2) Elevator emergency stop button shall be so installed and connected as to activate the elevator alarm. (Ord. No. 85-17, § 1, 10-21-85)

6.26 Tests.

(a) It shall be the responsibility of the owner of record, or owner with right of sole possession, or owner, or his designated agent, of a building or structure falling within the provisions of this chapter to provide the enforcing authority with a written specification performance test report indicating that the materials utilized meet the minimum requirements.

(b) Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate materials or methods of construction, the enforcing authority may require tests as proof of compliance to be made at the expense of the owner or his agent by any agency which is approved by the enforcing authority.

6.27 Buildings to support adequate public safety radio coverage.

Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than twenty (20) percent to any building or structure with over ten thousand (10,000) square feet, which fails to support adequate radio coverage for the city’s public safety communication systems, which shall include but not be limited to voice and data communications for police and fire division personnel.

For purposes of this section, adequate radio coverage shall include all of the following:

(1) A minimum signal strength of 95 dBm available in ninety percent (90%) of the area of each floor of the building when transmitted from the closest city public safety communications system site;

(2) A minimum signal strength of 95 dBm received at the closest city public safety communications system site when transmitted from ninety (90) percent of the area of each floor of the building;

(3) The frequency range which must be supported shall be 150—174MHz (voice) and unknown MHz (data); and

(4) A ninety (90) percent reliability factor. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.28 Amplification systems allowed.

Buildings and structures which cannot support the required level of radio coverage shall be equipped with any of the following in order to achieve adequate coverage:

(1) A radiating cable system; or

(2) An internal multiple antenna system with FCC type accepted bi-directional amplifiers as needed.

(3) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without an external power input. The battery system shall automatically charge in the presence of an external power input. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.29 Acceptance test procedure.

(a) When an in-building radio system is required, and upon completion of installation, it have the radio system tested will be the owner’s responsibility to ensure that two-way coverage on each floor of the building is a minimum of ninety (90) percent. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) of the areas will be allowed to fail the test.

(b) In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. A maximum of four (4) areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, it will be the building owner’s responsibility to have the system altered to meet the ninety (90) percent coverage requirement.

(c) The voice test shall be conducted using a Motorola MT2000, or equivalent portable radio, talking through the city public safety communication system.

(d) The data system test shall be conducted using a laptop computer communicating with the computer aided dispatch system. A spot approximately in the center of the grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the city public safety communications system. Once the spot has been selected prospecting for a better spot in the grid area will not be permitted.

(e) The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. Copies of all tests shall be forwarded to the attention of the 911 communications supervisor of the city. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.30 Annual test.

When an in-building radio system is required, it building owner’s responsibility to have all active components of the system (such as amplifiers, power supplies and backup batteries) tested a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under the load for a period of one (1) hour to verify that they will properly operate during an actual power outage. If within the one (1) hour test period, and in the opinion of the testing technician, the battery exhibits symptoms of failure the test shall be extended for additional one (1) hour periods until the integrity of the battery can be determined. All other active components shall be checked to determine that they are operating within the manufacturer’s specifications for the intended purpose. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.31 Five-year test.

In addition to the annual test, it shall be the building owner’s responsibility to perform a radio coverage test a minimum of once every five (5) years to ensure the radio system continues to meet the requirements of the original acceptance test. Copies of the five-year tests shall be forwarded to the 911 communications supervisor of the city. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.32 Qualification of testing personnel.

(a) Personnel conducting radio system tests shall be qualified to perform the work. All tests shall be documented and signed by a person in possession of a current FCC license, a current technician certification issued by the Associated Public Safety Communications Officials International (APCO), or the Personal Communications Industry Association (PCIA).

(b) All test records shall be retained on the inspected premises by the building owner and shall be subject to inspection by public safety and building, life and environmental safety personnel upon request. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.33 Field testing.

Public safety personnel shall have the right to enter onto the property to inspect and to conduct field-testing at all reasonable times to be certain that the required level of radio coverage is present. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

6.34 Exemptions.

Sections 6.27 through 6.33 shall not apply to buildings less than ten thousand (10,000) square feet or to any R-3 occupancy. (Emerg. Ord. No. 2002-18, § I, 9-16-02; Ord. No. 2002-19, § I, 10-7-02)

ARTICLE V. REGULATION OF WOODBURNING APPLIANCES

6.35 Applicability of article.

(a) All woodburning appliances installed in new residential units.

(b) All woodburning appliances installed in new commercial buildings including, but not limited to, hotels and restaurants.

(c) A woodburning appliance shall comply with this ordinance if any of the following apply: (1) it is being added to or replacing a woodburning or gas appliance in an existing residential unit or commercial building; (2) repairs or alterations are made to the woodburning appliance that include changes to the opening size or height of a fireplace; or (3) the residential unit or commercial building in which the woodburning appliance is located is renovated or remodeled, and the renovation or remodel includes changes to the opening size or height of an existing fireplace.

(d) Section 6.37(a) and (c) shall apply to any and all woodburning appliances. (Ord. No. 2005-06, § I, 3-21-05)

6.36 Definitions.

(a) “Bay Area Air Quality Management District” means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code section 40200.

(b) “EPA” means United States Environmental Protection Agency.

(c) “EPA certified wood heater” means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations.

(d) “Fireplace” means any permanently installed masonry or factory-built woodburning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five (35) to one (1).

(e) “Garbage” means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes.

(f) “Gas fireplace” means any device designated to burn natural gas in a manner that simulates the appearance of a woodburning fireplace.

(g) “Paints” means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

(h) “Paints solvents” means all original solvents sold or used to thin paints or to clean up painting equipment.

(i) “Pellet-fueled wood heater” means any woodburning appliance that operates exclusively on wood pellets.

(j) “Solid fuel” means wood or any other nongaseous or nonliquid fuel.

(k) “Treated wood” means wood of any species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or weathering.

(l) “Waste petroleum products” means any petroleum product or than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities.

(m) “Woodburning appliance” means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space-heating purposes. (Ord. No. 2005-24, § 4, 11-21-05)

6.37 General requirements.

It shall be unlawful to:

(a) Use any woodburning appliance when the Bay Area Air Quality Management District issues a “Spare the Air Tonight” warning and when an alternate approved heat source is available.

(b) Install a woodburning appliance that is not one of the following: (1) a pellet-fueled wood heater, (2) an EPA certified wood heater, or (3) an EPA certified masonry fireplace should the EPA develop a masonry fireplace certification program.

Garbage	Paint solvents
Treated wood	Coal
Plastic products	Glossy or colored papers
Rubber products	Particle board
Waste petroleum products	Salt water driftwood
Paints

(Ord. No. 2005-24, § 4, 11-21-05)

6.38 Exemptions.

(a) Woodburning appliances specifically designed for cooking, outdoor fireplaces, existing fireplaces, except as specifically provided in section 6.35(c), gas and pellet fueled appliances, permanently installed or dedicated gas log fireplaces, shall be exempt from all provisions of this article. The chief building official may approve an alternate wood burning appliance, provided the chief building official finds that the proposed alternate appliance meets or exceeds the standards established for an EPA certified wood heater.

(b) Historical buildings that are included or designated in the City of Gilroy’s Historic Preservation Inventory. (Ord. No. 2005-24, § 4, 11-21-05)

6.39 Enforcement.

(a) Prior to installation, any person who plans to install a woodburning appliance shall submit documentation to the City of Gilroy Building Department demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program.

(b) Any person violating any of the provisions of this article shall be deemed guilty of a infraction and upon conviction shall be punishable as provided by law. (Ord. No. 2005-24, § 4, 11-21-05)

ARTICLE VI. SEISMIC SAFETY³

6.40 Title.

This article shall be known as the “unreinforced masonry building (URM) ordinance.” (Ord. No. 2011-07, § I, 5-16-11)

6.41 Purpose.

The purpose of this article is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. (Ord. No. 2011-07, § I, 5-16-11)

6.42 Scope.

The requirements of this article shall apply to all buildings or portions of buildings constructed with unreinforced masonry walls or other unreinforced building components with the following exceptions:

(a) A building which has been seismically retrofitted since 1985 that complies with the strengthening standards in effect at the time as determined by the building official;

(b) A detached Group R Division 3 occupancy or a detached Group R Division 1 occupancy having four (4) living units or fewer;

(c) Accessory buildings serving Group R Division 3 occupancies or accessory buildings serving Group R Division 1 occupancies having four (4) living units or fewer;

(d) Public schools;

(e) Hospitals; and

(f) State or federally owned buildings. (Ord. No. 2011-07, § I, 5-16-11)

6.43 Authority.

(a) The building official or his or her designee is hereby authorized and directed to enforce all provisions of this article.

(b) In the event of any conflicts or inconsistencies between the provisions of this article and Article II of this chapter, or with the provisions of any other chapter(s) of the City Code, the provisions of this article shall control, unless to do so would be inconsistent with the purpose of the ordinance from which this article derives. This article shall not preclude the enforcement of any applicable federal, state or other local laws or ordinances.

(c) The building official shall have the power to render interpretations of this article and to recommend to the city council the adoption of rules and regulations to supplement this article as he or she may deem necessary in order to clarify the application of the provisions of this article. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this article. (Ord. No. 2011-07, § I, 5-16-11)

6.44 Definitions and notations.

For the purposes of this article, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this article, but not specifically defined, shall have the meaning set forth in the applicable local, state or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.

Definitions.

“Architect” shall mean a person who is licensed to practice architecture in this state.

“Architectural and engineering fees” shall mean all design and analysis costs, not repair costs.

“ASCE7-05” shall mean the current design standard from American Society of Civil Engineers referenced in the CBC as the design standards. This standard is amended from time to time and as adopted, amended and/or updated by the city.

“Building,” for the purpose of determining occupant load, shall mean any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.

“Building board of appeals” shall be as outlined in Section 113 of the CBC.

“California Existing Building Code” (or “CEBC”) shall mean the seismic provisions for unreinforced masonry buildings contained in the 2010 Edition of the CEBC, as amended from time to time and as adopted and amended and/or updated by the city at the time when the building application is filed.

“CBC” shall mean the current edition of the California State Building Code, as amended from time to time and as adopted and amended and/or updated by the city at the time when the building application is filed.

“Diaphragm” shall mean roof, floor, or other membrane or bracing system acting to transfer the lateral forces to the vertical resisting elements.

“Engineer” shall mean any professional, civil or structural engineer who is licensed to practice engineering in this state.

“Falling hazards” shall mean any ornamentation, appendage, mechanical and electrical equipment, piping, and other components such as light fixtures, ceiling tiles, suspended lath and plaster ceiling/wall, sculpture, cladding and glazing, veneer, and furnishings which may fall on the occupants and obstruct the exiting of the building during an earthquake.

“Hazardous URM building list” shall mean the city’s list of URM buildings that meet the URM building definition as defined in this article. The city may from time to time revise and/or update the hazardous URM building list and the most current list shall be enforced.

“Means of egress” shall mean a continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. Means of egress elements shall include, but not be limited to, stairway, hallway, corridor, exit balconies, exit passageways, and exit courts.

“Nonstructural falling hazards” shall mean any ornamentation and appendage on the building that is constructed of dense materials such as masonry or concrete attached directly or indirectly to unreinforced masonry, which may fall on the pedestrians or adjacent buildings or occupants of the building during an earthquake, such as cornices, chimneys, balconies, stacks, towers, decorative statuary, cladding, exterior veneers, and roof top tanks or equipment on buildings.

“Nonstructural URM wall elements” shall mean any URM wall element which does not participate in resisting lateral or vertical forces on the building by design or actual condition.

“Owner” shall mean any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.

“Parapet” shall mean the portion of the wall extending above the roof surface to prevent the spread of fire.

“Pointing” or “repointing” shall mean the partial reconstruction of the bed joint of an unreinforced masonry wall as defined in UBC Standard 21-8.

“Qualified historical building” shall mean any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

“Retrofit” or “retrofitting” shall mean any and all structural work necessary to comply with the requirements of this article, including but not limited to all improvements, alterations and repairs.

“Unreinforced masonry” shall include burned clay, concrete or sand-lime brick; hollow clay or concrete block; plain concrete; and hollow clay tile. These materials shall comply with the requirements of Section A106 CEBC as applicable.

“Unreinforced masonry (URM) building” shall mean any building or structure containing one or more walls or elements such as parapets constructed wholly or partly with unreinforced masonry.

“Unreinforced masonry (URM) wall” shall mean a masonry wall in which the area of reinforcing steel is less than twenty-five percent (25%) of the minimum steel ratios required by the current California Building Code for reinforced masonry.

“Valuation” shall mean the total value of all construction work as determined by the building official.

“Veneer” shall mean a facing attached to a wall for the purpose of providing ornamentation, protection or insulation, but not counted as adding strength to the wall.

Notations.

I	=	Importance Factor in Section 11.5.1 of ASCE7-05.
SDS	=	Design spectral response acceleration parameter at short periods as defined in Section 11.4.4 of ASCE7-05.

(Ord. No. 2011-07, § I, 5-16-11)

6.45 URM mandatory and voluntary retrofit—Options and standards.

URM owners on the city’s hazardous URM building list shall, at a minimum, mitigate their building to the mandatory retrofit standards (MRS). The owner may choose to mitigate their building to the voluntary retrofit standards (VRS). In addition to these MRS standards listed below, the URM technical information requirements contained in section 6.54 shall also apply.

(a) The following MRS shall apply to all URM buildings selecting the MRS mitigation option:

(1) Secure URM walls to the roof and to floors in multistory buildings. (URM buildings containing structural frames with nonstructural URM infill walls that do not resist any shear as determined by the owner’s engineer/architect and/or buildings with URM veneer over the structural wall or framing are exempt from this section.)

All URM walls shall be secured by mechanical anchor systems comprised of tension bolts, hold-down devices, straps, and other structural fastener systems connected to the roof (and floors in multistory buildings) if such attachment is lacking or determined as inadequate by the building owner’s engineer or architect in accordance to section 6.54(a)(1). The anchor system(s) between roof/floors and walls shall be designed for the out-of-plane forces on the wall required by section 6.54(a)(1)(b).

(2) Brace or Reinforce Parapets. Parapets which, due to their location or the height of the adjacent structure, pose negligible hazards to life and adjacent property in the event of failure or instability as determined by the building owner’s engineer or architect (i.e., parapets on the sides of buildings which are adjacent to another building of equal or more in height) may be excluded from the required mandatory parapet work provided the owner executes an agreement with the city to defend, hold the city harmless and indemnify the city for any damage, injury or loss of life that may arise as a result of changed conditions to the adjacent structure (such as removal of the adjacent building). The owner must record the agreement, as approved by the city attorney, with the county recorder, and supply a copy of the recorded agreement to the city. Otherwise, the building parapet shall be retrofitted in accordance to section 6.54 (a)(2).

(3) Remove, upgrade or repair nonstructural interior and exterior falling hazards such as facades and other architectural features in accordance to section 6.54(a)(3).

(4) Stairways, corridors, exit balconies, exit courts, exit passageways and other means of egress components in all buildings covered by this article shall be protected from falling hazards in accordance to section 6.54(a)(4). Vertical supports for stairways shall be shown to retain their structural integrity as part of the building exiting system during an earthquake.

(b) The following VRS shall apply to all URM buildings selecting the VRS mitigation option:

(1) Entire URM building shall be retrofitted. The entire building shall be retrofitted in accordance with the current CEBC and additional requirements in accordance with this article. (Ord. No. 2011-07, § I, 5-16-11)

6.46 Abatement of URM hazards.

The following process shall be followed for abatement of the hazards posed by URM buildings:

(a) Notify Owner. The building official shall, within thirty (30) days from the effective date of the ordinance codified in this article, notify the owners and tenants, if applicable, of those buildings currently in the city’s potential hazardous URM building list in writing that their buildings have been identified as URM buildings as defined in this article and of their obligation to mitigate the potential hazard in compliance with this article. The notice shall include the following:

(1) Procedure to comply with the retrofitting requirements of this article, as applicable;

(2) The time schedule for commencement and completion of seismic retrofitting;

(3) A statement that the owner is required to provide a copy of the notice to correct deficiencies to all tenants of the structure;

(4) A copy of this article;

(5) A statement to inform the URM owner that once the MRS or VRS upgrades are complete the building can be occupied.

(b) Recordation. For URM buildings on the city’s hazardous URM building list that were not recorded previously, the building official shall record with the office of the county recorder a certificate stating that the subject building is within the scope of this article. The certificate shall also state that the owner thereof has been ordered to review and structurally analyze the building and upgrade the building in accordance with this article.

Buildings retrofitted with MRS where parapets posed negligible hazards determined by the owner’s engineer or architect shall, as specified in section 6.45(a)(2), execute an agreement with the city, as approved by the city attorney, and record this agreement with the county recorder. A copy shall be supplied to the building official.

For buildings retrofitted using option MRS the owner will be required to sign an acknowledgement on the cover sheet as specified in subsection (e) of this section.

(c) Buildings with a common wall/parapet shall include a common wall agreement between the building owners to acknowledge and allow the retrofitted work proposed prior to issuing the building permit if any of the retrofit work is to occur on the adjoining property.

(d) Engineering Analysis Report (EAR).

(1) General. EAR is required as a supporting document to demonstrate that the proposed retrofit design complies with the applicable requirements specified in this article and shall be filed together with the building permit application.

(2) Preparer of EAR. Building owners shall employ an engineer or architect to prepare the required EAR acceptable to the building official for the proposed retrofit work applicable to the building permit application and to prepare the EAR in accordance to this section.

(3) MRS and VRS Standards. All URM buildings shall be retrofitted in accordance with the standards contained in this article, except that qualified historical buildings may use the applicable provisions of the California Historical Building Code in conjunction with the CEBC as provided in subsection (f) of this section. All destructive materials testing in accordance with the CEBC is required only when those elements are used as part of the structural design. The decision of whether or not to test existing materials is the responsibility of the engineer/architect, and the city assumes no liability for damage, injury, or harm caused by the testing. In the absence of acceptable test data, the engineer/architect shall use allowable stresses and capacities for existing materials in accordance with the CEBC or derived by rational methods approved by the building official.

(4) Scope of Analysis. The scope of analysis need only address the proposed permit work with the following information. The engineer/architect shall specify either the MRS or VRS standards and the applicable codes in the EAR.

a. Building Permits for MRS. The following analysis for the mandatory upgrade of URM buildings shall be performed:

1. Wall to diaphragm anchorage;

2. Parapet stability;

3. Nonstructural falling hazards anchorage and stability;

4. Evaluation of falling hazards for exits.

b. Building Permit for VRS. The following analysis for the voluntary upgrade of URM buildings shall be performed:

1. General compliance with the current CEBC and this article:

i. Required retrofitting;

ii. Materials testing;

2. Structural analysis:

i. Out-of-plane loads on walls including parapets;

ii. Wall to diaphragm anchors;

iii. In-plane strengthening of walls, repairs and repointing;

iv. Diaphragm capacity;

v. Other analysis as required by current CEBC;

vi. Integrity of stairway and falling hazards for exits.

(5) Format of Report. The EAR for all building permits shall conform with the format in this subsection. This format is not meant to be a constraint on the engineer/architect preparing the report, but rather it shall be considered as the minimum acceptable information to be submitted.

a. Date report is completed;

b. The building address with the county assessor’s parcel number;

c. Name of building (if any);

d. Name, address, email, and telephone number of owner, architect, and engineer;

e. The type of construction, occupancy within the building and the occupant loads;

f. The number of residential, commercial and other units in the building;

g. The dates of original design, construction, additions or substantial structural alterations (if known) of the building;

h. Scaled plan to show footprint of building in relation to property line, sidewalk, and street area, and adjacent buildings;

i. Include location of all URM walls (specify parapet and common wall locations if any);

j. Photos or sketches of elevation to show adjacent buildings;

k. Type of foundation and any special or unusual factors that alleviate or intensify the risk to occupants or others, if applicable.

(6) Summary of Existing Conditions. The engineer/architect shall investigate the building for compliance with the applicable standard in this article related to the proposed building permit application, describe the vertical load carrying systems and identify any URM walls. The engineer/architect shall also include a description of all parapets, common walls and nonstructural falling hazards, their construction, supports, materials and any testing and test data.

(7) Deficiencies and Design Corrective Measures. The engineer/architect shall submit structural analysis/calculations in accordance with the applicable provisions in this article to identify deficiencies and design corrective measures to meet the minimum requirements of the applicable retrofit standards.

(8) Proposed Retrofitted Work. The engineer/architect shall describe the retrofitted work required for the building under the proposed building permit.

(9) Engineer/Architect Certification and Signature. Name, work address, work phone number, email, California state professional license number and signature of engineer/architect who authored the EAR shall be provided on the front sheet of the EAR.

(e) Removal of Building from City’s URM Hazardous Building List. The building official shall remove the building from the city’s URM hazardous building list when that building has been upgraded to the VRS standards in section 6.45(b) and the final inspection is approved. The building official shall record with the office of the county recorder a certificate stating that the subject building has complied with this article pertaining to VRS.

Once a building has been upgraded to the MRS and final inspection is approved, the building official shall record with the office of the county recorder a certificate stating that the subject building has complied with this article pertaining to MRS. URM buildings with only MRS completed will not be removed from the city’s hazardous URM building list. The owner will be required to sign an acknowledgement on the cover sheet of the MRS plans that the completion of the MRS improvements is not sufficient to remove the building from the city’s hazardous URM building list, that only completion of the VRS would remove the building from the hazardous URM building list. The building would still be required to be posted as a URM building per state law.

(f) Qualified Historical Buildings. The planning division manager and the building official shall determine if the URM building is a qualified historical building as defined herein as part of the building permit process. All qualified historical buildings may use the applicable provisions in the 2010 California Historic Building Code, as adopted and as may be amended and/or updated by the city. (Ord. No. 2011-07, § I, 5-16-11)

6.47 Future retrofitting legislation.

No URM building that has been seismically retrofitted to the mandatory retrofit standards required in this article shall, within a period of ten (10) years after completion of the work required for such retrofit, be required by the city to perform further upgrades unless the building no longer meets the structural standards under which it was retrofitted, the occupancy classification has changed to a more intensive use, or legislature beyond the city’s control requires further upgrades. The building owner may request the city to record an agreement, as approved by the city attorney, limiting further upgrades for a period of ten (10) years provided the building owner pays all costs associated with such agreement including attorney fees and staff costs. This cost shall not be eliminated by other language in this article. (Ord. No. 2011-07, § I, 5-16-11)

6.48 Change of occupancy.

Notwithstanding the deadline set forth in section 6.50, the following shall apply:

(a) Upon change of occupancy, a URM building shall be retrofitted to the VRS standards defined in this article prior to any further occupancy, if the building official determines that the change will create an increased occupancy load or a hazardous condition.

(b) When a URM building becomes vacant for a continuous period of one hundred twenty (120) days, the URM building shall be retrofitted to the applicable standards defined in this article prior to any further occupancy, except as provided in subsection (d) of this section. When a tenant unit or lease space within a URM building becomes vacant for a continuous period of one hundred twenty (120) days, the tenant unit or lease space shall not be reoccupied for any use unless and until the URM building is retrofitted to the applicable standards defined in this article, except as provided in subsection (d) of this section.

(c) For purposes of this section, “vacant” shall refer to the condition of a URM building, tenant unit or lease space whereby the business or residential use within such building, tenant unit or lease space of the URM building has ceased for a continuous period of one hundred twenty (120) days. A residential or commercial unit is considered vacant if, for a continuous period of one hundred twenty (120) days, such unit is not leased by a tenant, subject to a month-to-month rental agreement with a tenant or being lawfully held over by a tenant after termination of a previous lease. A business is also considered vacated when any of the following apply: (1) a business license is not renewed; or (2) the business is not operational for a continuous period of one hundred twenty (120) days. When the building official determines that a tenant unit or lease space has become vacant, the city will restrict any further occupancy of that particular tenant unit or lease space, including issuance of a new business license, until the URM building is retrofitted to the applicable standards defined in this article.

(d) The building official may, in his or her discretion, issue a temporary certificate of occupancy to allow a vacant URM building to be temporarily occupied prior to the URM building’s being fully retrofitted if prior to occupancy the following conditions are satisfied:

(1) The owner provides to the building official together with a building permit application an engineering analysis report (EAR) for the building that, at a minimum, uses the MRS standards defined in this article and meets the requirements identified in section 6.46(d) along with an estimate prepared by a licensed contractor for completing the retrofit work proposed in the EAR;

(2) The owner enters into a binding agreement with the city in form acceptable to the city attorney that includes a scope of work and timeline for completing the retrofit work proposed and in which the owner agrees to complete the retrofit work proposed in the EAR;

(3) The owner posts a form of security approved by the city administrator or designee for the retrofit work proposed in the EAR in an amount not less than one hundred percent (100%) of the total costs as identified by the estimate required to be prepared under this subsection. From time to time as retrofit work progresses, the city administrator or designee may allow the amount of the security to be reduced provided he or she determines that the remaining security is adequate to secure the owner’s obligation to complete the retrofit work.

(e) The security referred to in subsection (d)(3) of this section shall be one (1) of the following, subject to approval of the city administrator or designee:

(1) A bond or bonds by one (1) or more duly authorized corporate sureties.

(2) A deposit, either with the city or a responsible escrow agency or trust company, at the option of the city finance director, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

(3) A letter of credit issued by a financial institution subject to regulation by the state or federal government and pledging that the funds necessary to carry out the agreement are on deposit and guaranteed for payment. (Ord. No. 2015-11, § 1, 9-14-15; Ord. No. 2016-12, § 1, 7-5-16)

6.49 Additions, alteration or repair.

(a) Notwithstanding the deadline set forth in section 6.50, whenever addition, alteration or repair work (exception: minor remodels such as facade improvements, nonstructural expansion of front doors, nonstructural window alterations, re-roofing, electrical, plumbing and mechanical maintenance) to a URM building satisfies any one (1) of the following conditions, the building shall be upgraded to comply with the current CEBC, including VRS, prior to the approval of the addition, alteration, or repair work:

(1) The total cost for all addition, alteration and repair work exceeds fifty percent (50%) of the total replacement cost of the existing building, land excluded. The valuation of the work and the replacement cost of the existing building shall be determined by the building official;

(2) Dead and live vertical or horizontal loading is increased by at least five percent (5%) on the affected supporting elements of the roof or floor of a building;

(3) Major remodel to the existing building resulted in substantial structural alteration such as major modifications to the existing lateral system as determined by the building official; or

(4) Any addition of floor space to the existing total floor area of the building.

(b) As used in this section, “addition, alteration or repair work” shall mean the cumulative addition, alteration or repair work performed on the building within any four (4) year period.

(c) When the owner believes the building official has made an error in his or her application of this section, the owner may appeal the determination to the building board of appeals in accordance with section 6.51. (Ord. No. 2011-07, § I, 5-16-11)

6.50 Deadline to complete work—Penalties for noncompliance.

(a) Each owner who fails to complete the building retrofit required by this article within the period specified in subsections (a)(1) and (2) of this section shall, in addition to any other penalty or remedy which may be assessed pursuant to any other applicable law, be subject to penalties as set forth below.

(1) Failure to file a complete building permit application and engineering analysis report within twelve (12) months from the effective date of the ordinance codified in this article shall result in a penalty of five hundred dollars ($500.00) per calendar month until such time a complete building permit application and engineering analysis report is filed with the city.

(2) Failure to complete the MRS within twenty-four (24) months from the date of the ordinance codified in this article shall result in a penalty of one thousand dollars ($1,000) per calendar month until such time the mandatory retrofit has become complete.

(3) The penalty under this subsection shall continue to accrue until the maximum penalty assessed is fifteen thousand dollars ($15,000).

(b) In addition to the remedies provided for in section 6.53 and the penalties authorized by subsection (a) of this section, the building official may take any or all of the following actions in the event of any failure to comply with the requirements of this article within the specified time period:

(1) Notify all parties with a financial interest in the property (such as mortgage lenders, lien holders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this article.

(2) File a statement with the county recorder’s office describing the potential hazards of the building and the violations of this article.

(3) The city council may cause any building not abated within the time limits set forth herein to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this article and place a lien on the property for all costs incurred.

(c) The owner may appeal any action or penalty for noncompliance in accordance with section 6.51(c). (Ord. No. 2011-07, § I, 5-16-11)

6.51 Appeal process.

(a) Exemption from URM Program. If the owner believes that his or her building is not a URM building or is otherwise exempted from the provisions of this article, the owner shall submit evidence, such as original drawings or test results, to substantiate the claim. The building official will review the evidence submitted by the owner and will remove the building from the city’s hazardous URM building list if the building official determines that the building is exempted or is in compliance with this article. Any decision of the building official pursuant to this subsection may be appealed to the building board of appeals in accordance with the procedures set forth in this section, and the decision of the building board of appeals shall be final.

(b) Appeal of Retrofit.

(1) When the owner believes the building official made an error in his or her determination regarding a retrofit required under this article the owner may appeal the determination to the building board of appeals. Such appeal shall be made within thirty (30) days after the date of the building official’s written decision.

(2) Any such appeal shall be made in the form specified by this section and be filed with the city clerk. The appeal shall state specifically the alleged error or abuse of discretion by the building official. The appeal will be heard by the building board of appeals within thirty (30) days of the date of receipt of the appeal by the city clerk. Not less than ten (10) days prior to the hearing date, the city clerk shall give notice to the appellant of the date, time and place of the hearing. The building board of appeals shall be authorized to continue the hearing for up to thirty (30) days.

(3) In considering the appeal, the building board of appeals shall determine whether, based upon the record, the building official erred or abused his or her discretion.

(4) The decision of the building board of appeals shall be in writing and a copy of its decision shall be mailed or otherwise delivered to the appellant by the building official within ten (10) days of the date of the building board of appeal’s decision. The decision of the building board of appeals shall be final.

(c) Appeal of Noncompliance Penalties and Actions. Any written decision by the building official to impose penalties in the event of any failure to comply with the requirements of this article may be appealed by the owner or the owner’s agent to the building board of appeals. Any such appeal shall be made within thirty (30) days of the date of the building official’s mailing of notification. The appeal shall be made in writing to the city clerk and shall state specifically how the building official has either committed an error or has abused his or her discretion. In considering the appeal, the building board of appeals shall determine whether, based upon the record, the building official erred or abused his or her discretion. The decision of the building board of appeals shall be in writing and may be appealed to the city council as provided for in subsection (d) of this section. Revocation of a certificate of occupancy, if appealed, will not become effective until the decision of the building board of appeals has been upheld by the city council.

(d) Written Appeal Required. Any written appeal as provided for in subsections (b) and (c) of this section shall be submitted to the city clerk along with the appeal fee identified in the city’s current comprehensive fee schedule and the written appeal shall contain the following:

(1) The names of the appellants.

(2) A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved.

(3) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants.

(4) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

(5) The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal.

(6) The signatures of all parties named as appellants and their mailing addresses.

(7) The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal. (Ord. No. 2011-07, § I, 5-16-11)

6.52 Recovery of penalties.

(a) The penalties imposed on the building owner shall be assessed against the real property subject to this article and shall, in addition, be a personal obligation of the owner of the subject property. If the owner of a building is a group of individuals, firms, or other entities or any combination thereof, the obligation imposed by this section shall be joint and several. The building official shall give the owner of the building a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the city within thirty (30) days after the date of such notice, the building official shall forward a report of the penalties to the city council for confirmation.

(b) The property owner shall be given at least ten (10) days’ written notice of the confirmation hearing before the city council. The amount of the penalties shall be confirmed by the city council, unless it finds, based upon evidence in the record, that the building official erred in imposing or in computing the amount of the penalty. If such error is found, the city council may modify the amount of the penalty, as warranted.

(c) Upon confirmation of the penalty by the city council, it shall direct the city clerk to record in the office of the county recorder of the County of Santa Clara, State of California, a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT LIEN

Pursuant to Section 6.50 of the Gilroy City Code, the penalty of ________ was assessed by the Building Official, and the city council, against the described real property and such amount has not been paid in full and the City of Gilroy does hereby claim a special assessment lien upon the hereinafter described real property in said amount; the same shall be a lien upon the real property until such sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Gilroy, County of Santa Clara, State of California, and particularly described as follows, to wit:

(Insert legal description of property and APN)

Dated ________________

______________________

City Clerk

Such lien attaches upon recordation of the notice of special assessment lien. The description of the parcel in the notice of lien shall be that used for the same parcel as the county assessor’s map book for the current year. The county assessor shall enter each assessment on the county tax roll opposite the affected parcel of land. The amount of the assessment shall be collected and shall be subject to the same penalties and the same procedures for foreclosure and sale, in case of delinquencies, as provided for ordinary municipal taxes. (Ord. No. 2011-07, § I, 5-16-11)

6.53 Remedies.

In addition to the penalties in section 6.50, the following remedies are available to the city and may be imposed independently or in combination with each other at the discretion of the building official, unless otherwise noted herein:

(a) Maintenance of a URM building beyond the time specified in section 6.50 for completion of seismic retrofits to such building are hereby deemed to be a public nuisance, and may be abated pursuant to the abatement procedures contained in the latest edition of the Uniform Code for Abatement of Dangerous Buildings, or pursuant to Chapters 5B and 5C of the Gilroy Municipal Code.

(b) The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this article.

(c) The city may withhold the issuance of any building permit and/or may suspend any existing building permits on the subject building unless otherwise authorized by the building official for emergency repairs.

(d) The building official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this article. The notice of revocation or suspension shall provide the owner the right to provide the building official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this article or because the building official did not follow the provisions of this article.

(e) Any person violating any provision of this article shall be guilty of a misdemeanor.

(f) These remedies are not exclusive and the city may utilize any other remedies available at law or equity. (Ord. No. 2011-07, § I, 5-16-11)

6.54 Technical information/requirements.

(a) Mandatory Seismic Retrofitting (MRS) Standards. Structural specification as part of the plans shall include the design criteria prescribed below. Structural observation shall be required for all structural work unless not required by the building official. Structural special inspections shall be required by the architect/engineer, building official, or product manufacturer.

(1) URM Wall Anchorage.

a. General. Unreinforced masonry walls shall be anchored at the roof and floor levels as required by this section.

b. Minimum Wall Anchorage. Anchorage of URM walls of each floor or roof shall resist a minimum strength force normal to the surface determined as 0.9ISDS times the tributary weight or minimum two hundred (200) pounds per linear feet, whichever is greater. Existing wall anchorage, if used, must meet the requirements of this section or must be upgraded. Anchorage inducing eccentric moment to the framing members shall be avoided or justified by rational analysis by the engineer/architect.

c. Anchorage Locations. Out-of-plane anchorage location must be within two (2) feet horizontally from the inside of the corners of the walls or crosswalls. Maximum spacing of anchorage shall be four (4) feet on center to reduce flexure in the existing walls.

d. Wall Anchorage Transfer Force into Diaphragm. All wall anchors shall be positively secured to the roof/floor framing. Continuous load paths from this connection shall develop into the plywood diaphragm between diaphragm/subdiaphragm chords by means of tension ties or struts combined with compression blocking. Diaphragm sheathing shall not be considered effective as tension ties or struts. The architect/engineer may propose other methods to transfer and develop the out-of-plane wall anchorage forces into the diaphragm when accepted by the building official. Diaphragm/subdiaphragm shear forces shall be adequately transferred to the parallel walls.

(2) Parapet.

a. General. Parapet shall be removed, stabilized, or braced to ensure that the parapets remain in their original position.

b. Bracing Requirements. Where the parapet height-to-thickness (h/t) ratio exceeds 1.5, a bracing system shall be provided. The height is taken from the lower of either the tension anchors or the roof sheathing. The minimum height of a parapet above any wall anchor shall be twelve (12) inches. The bracing system shall be designed for the forces determined in accordance with ASCE7-05, Section 13.3.

c. Bracing Locations. Bracing shall be located to adequately support the parapet as designed by the architect or engineer.

d. Fire Protection. When URM parapet is removed at locations at common property line, a firewall shall be constructed to replace the removed URM parapet in compliance with the current building code to prevent the spread of fire between buildings.

e. Bracing Connections and Load Transfer in the Roof Framing. The existing roof framing members shall be adequate to support the vertical reactions at the base of the brace. The horizontal reactions at the end of the brace shall be adequate to develop into the roof diaphragm and shear to the parallel walls or its lateral systems.

(3) Nonstructural Falling Hazards.

a. General. Nonstructural falling elements can pose significant hazards to life safety under certain circumstances. “Nonstructural falling hazards” and “component” are defined in this article.

b. Plan Requirements. Dimensioned plans/elevations shall be provided to identify all nonstructural falling hazard elements as defined in this article.

c. Design Forces. Nonstructural falling hazards, components, their supports and attachments shall be designed for the seismic forces determined in Section 13.3, ASCE7-05. Attachments shall be bolted, welded, or otherwise positively fastened without consideration of frictional resistance produced by the effects of gravity.

(4) Means of Egress.

a. General. Buildings or portions thereof shall be provided with a means of egress system to provide safe and easy travel during an earthquake or other emergency so that the risk of injury or death is minimized. This means of egress (path of travel) shall be safe for the building occupants from falling hazards.

b. Plans Requirements. Dimensioned floor plans shall be provided to show the building exit path of travel from any room/space to the public way. All falling hazards (interior or exterior) as defined in this article shall be identified on the floor plans and verified by the building official or his/her designee prior to final. Hazard items that cannot be braced or supported shall be removed under the advice of the engineer/architect and clearly defined on the plans. Proper removal or procedure shall be included. Where stairway serves the exit of occupied floor, the stairway supports and all potential falling hazards shall be shown on the plans. URM walls enclosing stairway shall be braced, retrofitted, or removed by the architect or engineer and approved by the building official.

c. Exiting Plans. An approved exit floor plan shall be posted in a conspicuous place, near the main exit or exit access doorway from the room or space. It shall be unlawful to alter the exit plan for the building without the approval from the building official.

d. Design Forces. The falling hazards components along the paths of travel shall be secured and braced in accordance to Section 13.3, ASCE-07.

(b) Voluntary Retrofitting (VRS) Standards. VRS standards shall comply with the current Appendix Chapter A1, CEBC or CBC adopted by the city and MSR specified in subsection (a) of this section, whichever is more restricted. Historic buildings meeting the definition in this article may use the California Historical Building Code for retrofitting the URM building. Structural observation shall be required for all structural work unless not required by the building official. Structural special inspections shall be required by the architect/engineer, building official, or product manufacturer. (Ord. No. 2011-07, § I, 5-16-11)

6.55 Financial incentive program for URM mandatory retrofit program.

Processing fees payable to the city shall be eliminated as well as expedited plan check fees payable to an outside vendor. (Waiver does not apply to city impact fees, building board of appeals fees and other fees required by and/or passed to outside agencies, nor to agreements requested by the building owner regarding this article.) (Ord. No. 2011-07, § I, 5-16-11)

6.56 Building board of appeals.

The building board of appeals shall conduct hearings on written appeals made under section 6.51(a) and (b) and may approve or disapprove interpretations of this article made by the building official of the city. All such approvals or disapprovals shall be final and conclusive as to the building official. The building board of appeals shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this article. (Ord. No. 2011-07, § I, 5-16-11)

ARTICLE VII. EXPEDITED PERMITTING

6.57 Small residential rooftop solar expedited permitting.

(a) Definitions.

(1) A “solar energy system” means either of the following:

a. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

b. Any structural design feature of a building, 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.

(2) A “small residential rooftop solar energy system” means all of the following:

a. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

b. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.

c. A solar energy system that is installed on a single-family or two (2) family (duplex) dwelling.

d. A solar panel or module array that does not exceed the maximum legal building height as defined by the city zoning ordinance, Chapter 30.

(3) “Electronic submittal” means the utilization of one (1) or more of the following:

a. Email;

b. Internet;

c. Facsimile.

(4) An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(5) A “common interest development” means any of the following:

a. A community apartment project.

b. A condominium project.

c. A planned development.

d. A stock cooperative.

(6) “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.

(7) “Reasonable restrictions” on a solar energy 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 system of comparable cost, efficiency, and energy conservation benefits.

(8) “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

a. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent (10%) 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 ten percent (10%), as originally specified and proposed.

b. 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 an amount exceeding ten percent (10%) as originally specified and proposed.

(b) Purpose. The purpose of this section is 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. This section 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. This section allows the city to achieve these goals while protecting the public health and safety.

(1) This section applies to the permitting of all small residential rooftop solar energy systems in the city.

(2) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section 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. Routine operation and maintenance or like-kind replacements shall not require a permit.

(d) Solar Energy System Requirements.

(1) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.

(2) 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 accredited listing agency as defined by the California Plumbing and Mechanical Code.

(3) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the 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 Commission regarding safety and reliability.

(e) Duties of Building and Safety Division and Building Official.

(1) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

(2) Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

(3) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(4) The city’s building and safety division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(5) The small residential rooftop 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 most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

(6) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55, 66015, and 66016, and State Health and Safety Code Section 17951.

(f) Permit Review and Inspection Requirements.

(1) The city building and safety division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption of the ordinance codified in this section. The building and safety division shall issue a building permit or other nondiscretionary permit within three (3) business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan, and whenever possible shall issue a building permit the same day of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The building official or planning manager may require an applicant to apply for a conditional use permit if they find, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such conditional use permit shall be decided by the planning commission, or city council upon appeal, in accordance with the Zoning Ordinance, Chapter 30. Denial of the conditional use permit application must be based on written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and 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.

(2) 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.

(3) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(4) “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.

(5) The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(6) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(7) Only one (1) inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review.

(8) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a four (4) hour or less inspection window.

(9) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. (Ord. No. 2015-08, § 1, 8-3-15)

6.58 Electric vehicle charging station expedited permitting.

(a) Definitions.

(1) An “electric vehicle charging station” means 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 electric vehicle.

(2) “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.

(3) “Electronic submittal” means the utilization of one (1) or more of the following:

a. Electronic mail or email.

b. The Internet.

c. Facsimile.

(4) An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(5) A “common interest development” means any of the following:

a. A community apartment project.

b. A condominium project.

c. A planned development.

d. A stock cooperative.

(b) Purpose. The purpose of this section is to adopt an expedited electric vehicle charging station permitting process that complies with Government Code Section 65850.7. Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this section. This section allows the city to expedite processing for electric vehicle charging stations while protecting the public health and safety.

(c) Applicability. This section applies to the permitting of all electric vehicle charging stations located within the city limits.

(d) Electric Vehicle Charging Station Requirements.

(1) All electric vehicle charging stations shall meet the applicable health and safety standards and requirements imposed by the state and the city.

(2) Electric vehicle charging stations and associated equipment shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and all accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission, regarding safety and reliability.

(e) Duties of Building and Safety Division and Building Official.

(1) All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly available city website.

(2) Electronic submittal of the required permit application, checklist, and documents by email, the Internet, or facsimile shall be made available to all electric vehicle charging station permit applicants.

(3) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(4) The city’s building and safety division shall adopt a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

(5) The electric vehicle charging station 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 most current version of the California electric vehicle charging station permitting guidebook adopted by the Governor’s Office of Planning and Research.

(f) Permit Review and Inspection Requirements.

(1) Expedited Review Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website.

(2) Electronic Submittals. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(3) Association Approval. Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined herein.

(4) Permit Application Processing. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city’s adopted checklist, and are consistent with all applicable laws, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(5) Technical Review. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code Section 65850.7, the building official may require the applicant to apply for a conditional use permit. (Ord. No. 2018-11, § 1, 9-10-18)

State law references—Authority of city to regulate buildings, H & S.C., § 17951; authority of city to regulate construction and materials to prevent the erection of unsafe buildings, etc., Gov. C. A., § 38660.

Cross references—Requirements in connection with the sanitary disposal of sewage in buildings generally, § 19.6 et seq.; regulations in connection with the moving of buildings, § 20.23 et seq.

Editor’s note—Ord. No. 86-19, § 45, adopted October 6, 1986, repealed Art. III, §§ 6.9—6.12, in its entirety. Former Art. III, fire zones, derived from the Code of 1900, § 240, and Ord. Nos. 570, 805, 897, 985, 75-12 and 77-2.

Code reviser’s note: Section II of Ord. No. 2011-07, which established this article, provides, “This Ordinance shall be effective for two (2) years from the effective date of June 15, 2011, or such date as set forth by resolution of the city council.”

Chapter 6BUILDINGS1

6.1 Construction codes adopted.

6.2 Review of plans—Additional requirements.

6.3 Public toilets.

6.4 Reserved.

6.5 Reserved.

6.6 Adoption.

6.7 Amendments.

6.8 Reserved.

6.9—6.12 Reserved.

6.13 Scope.

6.14 Definitions.

6.15 Enforcement.

6.16 Violations and penalties.

6.17 Severability.

6.18 Alternate materials and methods of construction.

6.19 Appeals.

6.20 Keying requirements.

6.21 Frames, jambs, strikes and hinges.

6.22 Windows and sliding glass doors.

6.23 Garage-type doors; rolling overhead, solid overhead, swing, sliding or accordion.

6.24 Special residential building provisions.

6.25 Special commercial building provisions.

6.26 Tests.

6.27 Buildings to support adequate public safety radio coverage.

6.28 Amplification systems allowed.

6.29 Acceptance test procedure.

6.30 Annual test.

6.31 Five-year test.

6.32 Qualification of testing personnel.

6.33 Field testing.

6.34 Exemptions.

6.35 Applicability of article.

6.36 Definitions.

6.37 General requirements.

6.38 Exemptions.

6.39 Enforcement.

6.40 Title.

6.41 Purpose.

6.42 Scope.

6.43 Authority.

6.44 Definitions and notations.

6.45 URM mandatory and voluntary retrofit—Options and standards.

6.46 Abatement of URM hazards.

6.47 Future retrofitting legislation.

6.48 Change of occupancy.

6.49 Additions, alteration or repair.

6.50 Deadline to complete work—Penalties for noncompliance.

6.51 Appeal process.

6.52 Recovery of penalties.

6.53 Remedies.

6.54 Technical information/requirements.

6.55 Financial incentive program for URM mandatory retrofit program.

6.56 Building board of appeals.

6.57 Small residential rooftop solar expedited permitting.

6.58 Electric vehicle charging station expedited permitting.

Chapter 6
BUILDINGS¹