Ordinance 078ORDINANCE N0, 78
AN ORDINANCE ADOPTING THE 1958 UNIFORM BUILDING CODE, REGULATING THE
ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING CON-
VERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND
MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF CUPERTINO;
PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES
THEREFOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND
REPEALING ORDINA NOES IN CONFLICT HEREWITH,
BE IT ordained by the City of Cupertino, as follows:
SECTION l: ADOPTION OF UNIFORM BUILDING CODE, 1958 EDITION.
The provision of Parts I to XII inclusive, and Appendix of the
Internation Conference of Building Officials, Uniform Building Code,
1958 Edition, hereinafter termed the Building Code, and each and all
of the regulations, provisions, penalties, conditions, and terms of
such portions of said Building Co~.e (three copies of which Code have
been filed for use and examination b the public in the Office of the
City Clerk of said City of Cupertino are hereby adopted and made a
part hereof, the same as if fully set forth in this Ordinance.
SECTION 2:
Section 20~- is hereby amended. and superseded by the following
Section 20~- relating to the Board of Appeals as follows:
Section 20~ - Board of Appeals
Appeals under this Ordinance shall be processed through
the Board of Appeals established for this. purpose under the
rules and regulations provided therefor.
SECTION 3:
Section 303 is hereby ameride~~. by adding thereto the following
Section 303(c):
Section 303(c) - Building Permit Fees,
Fees shall not be required for permits for buildings
erected for and owned by the United States of America, the
State of California, the Cou:Zty of Santa Clara, the City of
Cupertino, and the Cupertino Elementary School District, or
the Fremont Union High School District.
SECTION ~:
Section 50~+ - Wall and Openi:zg Protection Based on Occupancy.
A table to be designated. Table No, 5A is hereby substituted
and adopted in place of Tab1E~ No. 5A of said Uniform Building
Code, 1958 Edition. (See attached four pages for Table No, 5A).
For the purpose of this Code, the entire City is hereby
declared to be and is hereby established a Fire District and said
Fire District shall be known and designated as Fire Zone Two and
Three, and shall include suc:z territory or portions of said City
as shown on a map thereof entitled "Map of the Fire Zones of the
City of Cupertino", dated Fe~eruary 2, '1959, three copies of
which map are on file in the office of the City Clerk of the
City of Cupertino, and said ,nap is hereby referred to and made
a part hereof. Whenever in this Code reference is made to any
Fire Zone, it shall be construed to mean one of the Fire Zones
delineated on said map.
Modifications and revisions of said Fire Zones and the maps
thereof may be made from time to time as circumstances may
warrant, or as annexations t~~ the City may occur, said modifica-
tions and~or revisions to be authorized and made by resolution of
the City Council.
SECTION 10:
There is hereby added a new section following Section 1603 headed
"Restrictions in Fire Zone No. 2" to be designated Section 16032 -
Fire Zone No. 2A to read as follows:
The provisions of Fire Zone No. 2 as amended shall apply to
any building or structure to be erected in Fire Zone No. 2A
provided such building or structure to be located within 15' from
the property line.
Where such proposed building or structure is to be erected
more than 15' from the property line, the provisions of Fi re
Zone No. 3 shall apply.
SECTION 11:
Section 2516 is hereby amended by adding thereto the following:
"Exception": Girders used as floor joists shall have a
clearance of not less than eighteen inches (18'') between the
bottom of the girder and two inch (2") subflooring are used
instead of standard floor joist construction.
SECTION 12:
Section 3102 is hereby amended by adding therefo the following
paragraph to read as follows:
Concrete slab floors used in structures for human occupancy
shall be not less than 32" thick and shall be separated from
natural round by placing a water proof membrane over a six
inch (6"~ layer of gravel, or rock base.
SECTION 12a:
Section 3203.d is hereby amended by adding thereto the following:
Asphalt-saturated mineral-surfaced prepared composition
shingles shall be laid so there are not less than two thicknesses
at any point. The combined weight of such shingles shall be not
less than 200 pounds to one hundred square feet (100 SQ. FT.) of
completed roof area.
SECTION 13:
Section 3317(a) is hereby amended and superseded to read as follows:
Section 3317(a) Group B Division 1 and 2. DiuLsion 1 and 2
occupancies shall have exits and panic hardware as required by
Section 3316(a), (b), (c).
SECTION 1~-:
The following paragraphs are herby added to Section ~30~ (a)
General of said Uniform Building Code, 1958 Edition to read as follows:
Walls constructed with wood studs spaced not more than
sixteen inches (16"~ on center and fire blocked may be used
for two-hour fire resistive bearing walls, provided each side is
covered with two layers of approved gypsum sheathing (laid with
the joints staggered). Square edge joints shall be taped on
the outside layer. Each layer shall be adequately nailed into
each stud. Gypsum board shall be approved provided it his a
minimum thickness of 5/8 inch and has been qualified for a
one-hour fire resistive rating by the test specified in
Paragraph (b) of Section X302 when using a single layer on each
side of the standard woodstud assembly.
In lieu of the second layer of gypsum board on the outside
wall, a 7/8" layer of Exterior Portland Cement plaster may be
substituted for the exterior surface, in accordance with Section
X710, X711, X712.
Outside surfaces of all exterior walls, requiring a two-
hour fire rating, shall be covered with incombustible weather
proof material where such surfaces are ~ feet or less from a
property line.
SECTION 15:
Section x-710 is hereby amended by adding thereto the following
paragraphs:
Wherever line wire backing is used on exterior walls the
walls shall have blocking, not less than two inches (2") in
thickness and of the same wi~~th as the stud, fitted snugly, and
nailed into the studs at mid-height of the stud, so placed that
the maximum dimension of any concealed space is not over four
feet (~-') .
All Type V buildings over one story in height shall have
solid sheathing under exterior plaster. On Type V buildings
having solid sheathing, the third or finish coat may be a wash
coat.
SECTION 16:
Section 5101 (d) is hereby amended to read as follows:
Section 5101 (d) Installation. The installation of heat
producing appliances covered by this Chapter shall conform to
the condition of approval as specified in the manufactures in-
structions pertaining to safety and to the requirements of this
Chapter. The installer shall leave the manufactures' instruc-
tions attached to the applia:lce for the benefit of the Building
Official.
Water heaters shall not be located in a private garage; if
located in a garage area there shall be a minimum of 24" between
the water heater and finished. floor.
SECTION 17:
Section 27o6.c is hereby ame~zded to read as follows:
Two (2) 1~2" reinforcin;~ rods continous in foundations are
required for H and I occupan~~ies.
SECTION 18:
Section 28o5.D is hereby added as follows:
Minimum foundation heig:zt for Residential dwellings shall
be not less than 16" from top of foundation to top of curb.
Minimum foundation heig:~t for commercial and industrial
buildings shall be not less than 1/ plus 6" from top of founda-
tion to top of curb
SECTION 19:
This Ordinance shall, after .first reading, be scheduled for
public hearing as provided in Section 50022.3 of the Government Code.
Notice of hearing shall be published pursuant to Section 6066 of the
Government Code in the Cupertino Courier. Copies of the Unifor m
Building Code and this Ordinance shall be on file with the City Clerk
and open for public inspection.
SECTION 20:
Any person, firm, corporatio:z, partnership, or copartnership who
wilfully violates any of the provisions, or fails to comply with any
of the mandatory requirements of this ordinance, is guilty of a mis-
demeanor, and upon conviction thereof, shall be punishable by a fine
of not to exceed $500.00 or by imprisonment not to exceed six (6)
months, or by both fine and imprisonment, except that nothing herein
shall be deemed to bar any legal, equitable, or summary remedy to which
the City of Cupertino or other political subdivision, or any person,
firm, corporation, partnership, or copartnership may otherwise be
entitled, and the City of Cupertino or any other political subdivision
or person, firm corporation, partnership, or copartnership may file a
suit in the Superior Court of the County of Santa Clara, to restrain,
or enjoin any attempted or proposed subdivision, or acts, in viola-
tion of this ordinance.
SECTION 21:
This Ordinance shall take effect and be in force thirty (30)
days after its passage, and before the expiration of fifteen 15
days from and after its passage, this Ordinance shall be published
once with the names of the members voting for or against the same in
the Cupertino Courier, a newspaper published in said County of Santa
Clara .
Introduced at a regular meeting of the City Council of the City of
Cupertino on the 16th day of February, 1959. Passed and adopted at a
regular meeting of the City Council of the City of Cupertino on the
2nd day of March, 1959, by the following vote:
AYES: Councilmen: Pelosi, Nathanson, Saich, Wilson
NOES: Councilmen: None
ABSENT: Councilmen: Lazaneo
A PPROVED:
Mayor, City of Cupertino
'TEST
~ ~~:
City Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 78
on file in my office and that the same has been published pursuant
to law.
I WITNESS W REOF I ave hereunto set my hand and City Seal this
day of , 19 ~~ .
ity Cler