Ordinance No. 13-2115 Amending Chapter 16.02 and adopting the 2013 California building, residential, plumbing, mechanical, electrical codes, green buildings standards code with exceptions, modifications and additionsI
ORDINANCE NO. 13 -2115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16 OF THE CUPERTINO MUNICIPAL CODE ADDING
CHAPTER 16.02 AND ADOPTING THE 2013 CALIFORNIA BUILDING,
RESIDENTIAL, PLUMBING, MECHANICAL, ELECTRICAL CODES, CALIFORNIA
EXISTING BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE
WITH CERTAIN EXCEPTIONS, MODIFICATIONS, AND ADDITIONS
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California
Health and Safety Code, the City of Cupertino may adopt the provisions of the
California Building, Residential, Plumbing, Mechanical, Electrical, Existing Building,
Historical Building Codes, Green Building Standards Code and International Existing
Building Code, with certain amendments to those provisions which are reasonably
necessary to protect the health, welfare and safety of the citizens of Cupertino because
of the local climatic, geological, and topographical conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in
respective sections of Chapter 16 of the Cupertino Municipal Code relating to the
amendments to the California codes; and
WHEREAS, the factual findings made then continue to be valid and relate to the
amendments made to the California codes in this adoption; and
WHEREAS, in addition to those findings set forth in the provisions of the Cupertino
Municipal Code, on November 4, 2013, the City Council adopted a resolution making
factual findings with respect to the local geological, topographical, and climate
conditions including, but not limited to, the following:
1) The Bay Area region is a densely populated area with buildings constructed
over and near a vast array of fault systems capable of producing major
earthquakes, including, but not limited to the recent 1989 Loma Prieta
Earthquake;
2) Cupertino 'is situated adjacen� to active earthquake faults capable of
producing substantial seismic events. The San Andreas and Sargent- Berocal .
faults run through the lower foothills and the Monta Vista Fault is closer to
the valley floor area. The Hayward fault is North East of the City which
would also presents a risk to Cupertino in the event of an earthquake;
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3) Vehicular traffic through Cupertino is significant, .and continues to increase as
Cupertino is an employment center as well as the location of residential
projects;
4) Cupertino is divided by major freeways and expressways, the occurrence of a
major earthquake could impact the ability of fire crews to respond to
emergencies should one or more of the freeways or expressways collapse, be
substantially damaged, or become gridlocked;
5) Fire suppression capabilities would be severely limited should the water
system be damaged during an earthquake;
6) Cupertino experiences low humidity, high winds and warm temperatures
during the summer months creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structural fires;
7) Cupertino's topography contains remote, steep hillsides which further limits
the ability of emergency responders to extinguish or control wildland or
structural fires; and
8) The local geographic, topographic and climatic conditions require
amendments to the California Codes to establish more restrictive conditions
to improve structural integrity of the buildings in the event of a seismic
incident and provide other protections to protect against the increased risk of
fire.
WHEREAS, this Ordinance was found to be categorically exempt from environmental
review per the provisions of the California Environmental Quality Act of 1970, as
amended, 14 California Code of Regulations, Section 15061(b)(3); and
WHEREAS, the City Council of the City of Cupertino is the decision- making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CUPERTINO:
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SECTION 1. Title 16 of the Cupertino Municipal Code is hereby amended to add
Chapter 16.02 to read as follows:
CHAPTER 16.02: ADMINISTRATIVE CODE
16.02.010 Purpose.
The purpose of this title is to establish the minimum requirements to safeguard
to public health, safety and general welfare through structural strength, means of
egress facilities, stability, sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire and other hazards attributed
to the built environment and to provide safety to fire fighters and emergency
responders during emergency operations.
This title provides for the administration and enforcement of the building,
residential, plumbing, mechanical, electrical, fire prevention, energy, housing, green
building, building conservation and historical codes adopted by the City of
Cupertino.
16.02.020 Definitions.
For the purposes of this chapter thE' following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural
number include the singular number and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely directory.
A. 'Building" means any structure used or intended for supporting or sheltering
any use or occupancy. A structure containing less than one hundred and twenty
(120) square feet of floor space shall not fall within this definition;
B. 'Building Official" means the Chief Building Official for the City of Cupertino
or designee;
C. "City" means the City of Cupertino;
D. "Person" means any person, firm, partnership, association, corporation,
company or organization of any kind.
16.02.030 Scope.
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The provisions of this title shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, use and occupancy and demolition of every
building, structure and building services equipment of every building or structure
within the city.
Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. Where, in any specific
case, different sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall govern.
16.02.040 General.
Adopt Section [A] 104.1 of the 2013 California Building Code as follows:
[A] 104.1 General. The Building Official is hereby authorized and directed to
enforce the provisions of this title. The Building Official shall have the authority to
render interpretations of the codes identified in this title and to adopt policies and
procedures in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and purpose for each
code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in the codes.
16.02.050 Applications and permits.
Adopt Section [A] 104.2 of the 2013 California Building Code as follows:
[A] 104.2 Applications and permits. The Building Official shall receive
applications, review construction documents and issue permits for the erection, and
alteration, demolition and moving of buildings and structures, inspect the premises
for which such permits have been issued and enforce compliance with the
provisions of this code.
16.02.060 Notices and orders.
Adopt Section [A] 104.3 of the 2013 California Building Code as follows:
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[A] 104.3 Notices and orders. The Building Official shall issue all necessary
notices or orders to ensure compliance with this code.
16.02.070 Inspections.
Adopt Section [A] 104.4 of the 2013 California Building Code as follows:
[A] 104.4 Inspections. The Building Official shall make all of the required
inspections, or the Building Official shall have the authority to accept reports of
inspection by approved agencies or individuals. Reports of such inspections shall be
in writing and be certified by a responsible officer of such approved agency or by
the responsible individual. The Buildin;; Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues that arise,
subject to the approval of the appointing authority.
16.02.080 Identification.
Adopt Section [A] 104.5 of the 2013 California Building Code as follows:
[A] 104.5 Identification. The Building Official shall carry proper identification
when inspecting structures or premises in the performance of duties under this
code.
16.02.090 Right of Entry.
Adopt Section [A] 104.6 of the 2013 California Building Code as follows:
[A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce
the provisions of this code, or where the Building Official has reasonable cause to
believe that there exists in a structure or upon a premises a condition which is
contrary to or in violation of this code which makes the structure or premises unsafe,
dangerous or hazardous, the Building Official is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by this
code, provided that if such structure or premises be occupied that credentials be
presented to the occupant and entry :requested. If such structure or premises is
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unoccupied, the Building Official shall first make a reasonable effort to locate the
owner or other person having charge or control of the structure or premises and
request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry.
16.02.100 Department records.
Adopt Section [A] 104.7 of the 2013 California Building Code as follows:
[A] 104.7 Department records. The Building Official shall keep official records of
applications received, permits and certificates issued, fees collected, reports of
inspections, and notices and orders issued. Such records shall be retained in the
official records for the period required for retention of public records.
16.02.110 Liability.
Adopt Section [A] 104.8 of the 2013 California Building Code as follows:
[A] 104.8 Liability. The Building Official, member of the board of appeals or
employee charged with the enforcement of this code, while acting for the
jurisdiction in good faith and without malice in the discharge of the duties required
by this code or other pertinent law or ordinance, shall not thereby be rendered liable
personally and is hereby relieved from personal liability for any damage accruing to
persons or property as a result of any act or by reason of an act or omission in the
discharge of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of
duties and under the provisions of this code shall be defended by legal
representative of the jurisdiction until the final termination of the proceedings. The
Building Official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
16.02.120 Approved materials and equipment.
Adopt Section [A] 104.9 of the 2013 California Building Code as follows:
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[A] 104.9 Approved materials and equipment. Materials, equipment and devices
approved by the Building Official shall be constructed and installed in accordance
with such approval.
16.02.130 Used materials and equipment.
Adopt Section [A] 104.9.1 of the 2013 California Building Code as follows:
[A] 104.9.1 Used materials and equipment. The use of used materials which
meet the requirements of this code for new materials is permitted. Used equipment
and devices shall not be reused unless approved by the Building Official.
16.02.140 Modifications.
Adopt Section [A] 104.10 of the 2013 California Building Code as follows:
[A] 104.10 Modifications. Wherever there are practical difficulties involved in
carrying out the provisions of this code, the Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Building Official shall first find that special
individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the department of building safety.
16.02.150 Alternate materials, design and methods of construction and equipment.
Adopt Section [A] 104.11 of the 2013 California Building Code as follows:
[A] 104.11 Alternative materials, design and methods of construction and
equipment. The provisions of this code are not intended to prevent the installation
of any material or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved. An
alternative material, design or method of construction shall be approved where the
Building Official finds that the proposed design is satisfactory and complies with the
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intent of the provisions of this code, and that the material, method or work offered
is, for the purpose intended, at least the equivalent of that prescribed in this code in
quality, strength, effectiveness, fire resistance, durability and safety.
16.02.160 Research Reports.
Adopt Section [A] 104.11,1 of the 2013 California Building Code as follows:
[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the
approval of materials or assemblies not specifically provided for in this code, shall
consist of valid research reports from approved sources.
16.02.170 Permit Required.
Adopt Section [A] 105.1 of the 2013 . California Building Code as follows:
[A] 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any
electrical, gas, mechanical or plumbing system, the installation of which is regulated
by the California Code of Regulations, or to cause any such work to be done, shall
first make application to the Building Official and obtain the required permit.
16.02.180 Time limitation of application.
Adopt Section [A] 105.3.2 of the 2013 California Building Code as follows:
[A] 105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been
issued; except that the Building Official is authorized to grant one or more
extensions of time for additional periods not exceeding 90 days each. The extension
shall be requested in writing and justifiable cause demonstrated.
16.02.190 Validity of permit.
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Adopt Section [A] 105.4 of the 2013 California Building Code as follows:
[A] 105.4 Validity of permit. The issuance or granting of a permit shall not be
construed to be a permit for, or an approval of, any violation of any of the provisions
of this code or of any other ordinance of the jurisdiction. Permits presuming to give
authority to violate or cancel the provisions of this code or other ordinances of the
jurisdiction shall not be valid. The issuance of a permit based on construction
documents and other data shall not prevent the Building Official from requiring the
correction of errors in the construction documents and other data. The Building
Official is also authorized to prevent occupancy or use of a structure where in
violation of this code or of any other ordinances of this jurisdiction.
16.02.200 Expiration.
Adopt Section [A] 105.5 of the 2013 California Building Code as follows:
[A] 105:5 Expiration. Every permit :issued shall become invalid unless the work
on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. The
Building Official is authorized to grant, in writing, one or more extensions of time,
for periods not more than 180 days each. The extension shall be requested in writing
and justifiable cause demonstrated.
16.02.210 Suspension or revocation.
Adopt Section [A] 105.6 of the 2013 California Building Code as follows:
[A] 105.6 Suspension or revocation. The Building Official is authorized to
suspend or revoke a permit issued under the provisions of this code wherever the
permit is issued in error or on the basis of incorrect, inaccurate or incomplete
information, or in violation of any ordinance or regulation or any of the provisions
of this code.
16.02.220 Placement of permit.
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Adopt Section [A] 105.7 of the 2013 California Building Code as follows:
[A] 105.7 Placement of permit. The building permit or copy shall be kept on the
site of the work until the completion of the project.
16.02.230 Responsibility of permittee.
Add new Section [A] 105.8 to the 2013 California Building Code to read as
follows:
[A] 105.8 Responsibility of permittee. Building permits shall be presumed to
incorporate the provision that the applicant, the applicant's agent, employees or
contractors shall carry out the proposed work in accordance with the approved
plans and with all requirements of this code and any other laws or regulations
applicable thereto, whether specified or not. No approval shall relieve or exonerate
any person from the responsibility of complying with the provisions and intent of
this code.
16.02.240 Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the
city.
16.02.250 Inspections.
Adopt Section [A] 110.1 of the 2013 California Building Code as follows:
[A] 110.1 General. Construction or work for which a permit is required shall be
subject to inspection by the Building Official and such construction or work shall
remain accessible and exposed for inspection purposes until approved. Approval as
a result of an inspection shall not be construed to be an approval of a violation of the
provisions of any of the codes or amendments specified in this title. It shall be the
duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the Building Official nor the City of Cupertino shall be
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liable for expense entailed in the removal or replacement of any material required to
allow inspections.
Adopt Section [A] 110.2 of the 2013 California Building Code as follows:
[A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official
is authorized to examine or cause to be examined buildings, structures and sites for
which an application has been filed.
Adopt Section [A] 110.3.8 of the 2013 California Building Code as follows:
[A] 110.3.8 Other Inspections. In addition to the called inspections specified
above, the Building Official is authorized to make or require any other inspections of
any construction work to ascertain compliance with the provisions of this code and
other laws that are enforced by the Building Department. For the purpose of
determining compliance, the Building; Official may cause any structure to be
reinspected. If any inspection is made at the request of any individual, property
owner or lending institution, a fee equal to the cost of making such inspection shall
be charged as set forth in the latest resolution adopted by the city.
16.02.260 Certificate of Occupancy.
Adopt Section [A] 111.1 of the 2013 California .Building Code as follows:
[A] 111.1 Use and occupancy. No building or structure shall be used or
occupied, and no change in the existing occupancy classification of a building or
structure or portion thereof shall be made, until the Building Official has issued a
certificate of occupancy therefor as provided herein. Issuance of a certificate of
occupancy shall not be construed as art approval of a violation of any provision of
this title or any ordinance of the City of Cupertino.
Adopt Section [A] 111.2 of the 2013 California Building Code as follows:
[A] 111.2 Certificate issued. After the Building Official inspects the building or
structure and finds no violations of the provisions of this code or other laws that are
enforced by the Building Department, the Building Official may issue a certificate of
occupancy that contains the following:
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1. The building permit number.
2. The address of the building or structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division
of occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provision of Chapter 3 of the
California Building Code.
9. The type of construction as defined in Chapter 6 of the California Building
Code.
10. The design occupant load.
11. If the automatic sprinkler system is provided, whether the sprinkler system
is required.
12. Any special stipulations and conditions of the building permit.
Adopt Section [A] 111.3 of the 2013 California Building Code as follows:
[A] 111.3 Temporary occupancy. The Building Official is authorized to issue a
temporary certificate of occupancy before the completion of the entire work covered
by the permit, provided that such portion of portions shall be occupied safely. The
Building Official shall set a time period during which the temporary certificate of
occupancy is valid.
Adopt Section [A] 111.4 of the 2013 California Building Code as follows:
[A] 111.4 Revocation. The Building Official is authorized to, in writing, suspend
or revoke a certificate of occupancy or completion issued under the provisions of the
California Building Code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of
the provisions of the California Building Code.
16.02.270 Board of Appeals.
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Adopt Section [A] 113.1 of the 2013 California Building Code and amend to read
as follows:
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to application and
interpretation of the codes identified in this Title, there shall be and is hereby created
a Board of Appeals consisting of five members who are qualified by experience and
training to pass upon matters pertaining to building construction installations and
materials. The Board of Appeals shall. be appointed by the Mayor, subject to the
approval of the City Council. The Board shall adopt reasonable rules and
regulations for conducting its investigations and shall render all decisions and
findings in writing to the Building Official, with a duplicate copy to the appellant,
and may recommend to the City Council such new legislation as is consistent
therewith. To the extent permitted by law, the same personnel of the Board of
Appeals appointed under this code may act as the Board of Appeals under this
Title. In the event where no such Board of Appeals has been established, the City
Council shall serve as said Appeals Board.
Add Section [A] 113.1.1 to read as follows:
[A] 113.1.1 Access Compliance. Per Health and Safety Code 19955 — 19959.5, in
order to hear and decide appeals of orders, decisions or determinations made by the
Building Official relative to Access Compliance, there shall be and is hereby created
a Board of Appeals consisting of five ry:iembers to hear written appeals brought by
any person regarding action taken by the Building Department. Two members of
Accessibility Board of Appeals shall be physically handicapped persons, two
members shall be persons experienced in construction, and one member shall be a
public member. The Accessibility Board of Appeals shall be appointed by the
Mayor, subject to the approval of the City Council. The Accessibility Board of
Appeals shall adopt reasonable rules and regulations for conducting its
investigations and shall render all decisions and findings in writing to the Building
Official, with a duplicate copy to the appellant, and may recommend to the City
Council such new legislation as is consistent therewith. In the event where no such
Board of Appeals has been established, the City Council shall serve as said Appeals
Board.
16.02.280 Violations.
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Adopt Section [A] 114.1 of the 2013 California Building Code as follows:
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, move, remove, demolish or occupancy any
building, structure or equipment regulated by the codes identified in this title, or
cause same to be done, in conflict with or in violation of any of the provisions of any
code identified in this title.
Adopt Section [A] 114.2 of the 2013 California Building Code as follows:
[A] 114.2 Notice of violation. The Building Official is authorized to serve a
notice of violation or order on the person responsible for the erection, construction,
alteration, extension, repair, moving, removal, demolition or occupancy of a
building or structure in violation of any provisions of any code identified in this
title, or in violation of a permit or certificate issued under the provisions of any code
identified in this title. Such order shall direct the discontinuance of the illegal action
or condition and the abatement of the violation.
16.02.290 Stop Work Order.
Adopt Section [A] 115.1 of the 2013 California Building Code as follows:
[A] 115.1 Authority. Whenever the Building Official finds any work regulated
by this code being performed in a manner either contrary to the provisions of any
code identified in this title or dangerous or unsafe, the Building Official is
authorized to issue a stop work order.
Adopt Section [A] 115.2 of the 2013 California Building Code as follows:
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given to
the owner of the property involved, or to the owner's agent, or to the person doing
the work. Upon issuance of a stop work order, the cited work shall immediately
cease. The stop work order shall state the reason for the order, and the conditions
under which the cited work will be permitted to resume.
SECTION 2. Chapter 16.04 of Title 16 of the Cupertino Municipal Code is hereby
repealed and readopted to read as follows:
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Page 15.
CHAPTER 16.04: BUILDING CODE
16.04.010 Code Adoption.
The provisions of the 2013 California Building Code, Volumes 1 and 2 inclusive,
and Appendices which follow and each and all of the regulations, provisions,
conditions and terms of the code is referred to as if fully set forth in this chapter, and
is by such reference adopted.
One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are
made available for public inspection.
16.04.015 Adoption of Appendix Chaptens.
The following Appendix Chapters from the 2013 . California Building Code are
hereby adopted.
Appendix C: Group U -Agricultural Buildings;
Appendix F: Rodentproofing;
Appendix G: Flood- Resistant Construchon;
Appendix I: Patio Covers,
California Code Part 8: 2013 California Historical Building Code;
California Code Part 10: 2013 California Existing Building Code;
California Code Part 12: 2013 California Referenced Standards Code
16.04.050 Address Identification.
Adopt Section 501.2 of the 2013 California Building Code and amend to read as
follows:
New and existing buildings shall be provided with approved address numbers
or letters. Each character shall be not less than 4 inches in height and not less than
0.5 inch in width. They shall be installed on a contrasting background and be
plainly visible from the street or road fronting the property. When required by the
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fire code official, address numbers shall be provided in additional approved
locations to facilitate emergency response. Where access is by means of a private
road and the building address cannot be viewed from the public way, a monument,
pole or other approved sign or means shall be used to identify the structure.
Address numbers shall be maintained.
No Certificate of Occupancy or final building approval for new construction or
alterations shall be granted until the building or residence has a street address
number posted. Subdivisions and Planned Developments shall submit a numbering
schedule for approval by the Building Department and the Fire Department. All
commercial buildings having a single address assigned with multi -suite
arrangements shall have the suite- numbering system approved or assigned by the
Building Department with an approved copy to the Fire Department for emergency
use.
16.04.070 Exterior Wildfire Exposure.
Amend Section 707A.8 of the 2013 California Building Code to read as follows:
707A.8 Underside of appendages. The underside of overhanging appendages shall
be enclosed to grade in accordance with the requirements of this chapter or the
underside of the exposed underfloor shall consist of one of the following:
1. Noncombustible material.
2. Ignition - resistant material.
3. One layer of 5/8 -inch Type X gypsum sheathing applied behind an exterior
covering on the underside of the floor projection.
4. The exterior portion of a 1 -hour fire resistive exterior wall assembly applied to
the underside of the floor including assemblies using the gypsum panel and
sheathing products listed in the Gypsum Association Fire Resistance Design
Manual.
5. The underside of a floor assembly that meets the performance criteria in
accordance with the test procedures set forth in the SFM Standard 12 -7A -3.
Exception: Heavy timber structural columns and beams do not require protection.
Amend Section 710A.3of the 2013 California Building Code to read as follows:
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710A.3 Where required. Accessory structures shall comply with the requirements
of this section.
710A.3.1 Attached accessory structures shall comply with the requirements of
this section.
Amend Section 710A.4 of the 2013 California Building Code to read as follows:
710A.4 Requirements. Accessory structures shall be constructed on
noncombustible or ignition - resistant materials.
16.04.080 Roof Covering Classification.
Amend Section 1505.1.3 of the 2013 California Building Code to read as follows:
1505.1.3 Roof coverings in all other areas. The entire roof covering of every
existing structure where more than 50 percent of the total roof area is replaced
within any one -year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every
existing structure, shall be a fire - retardant roof covering that is at least Class A.
Amend Section 1505.1.4 of the 2013 California Building Code to read as follows:
1505.1.4 Roofing requirements in .a Wildland -Urban Interface Fire Area. The
entire roof covering of every existing structure where more than 50 percent of the
total roof area is replaced within any one -year period, the entire roof covering of
every new structure, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure, shall be a fire - retardant roof
covering that is at least Class A.
Roofing requirement for structures located in a Wildland -Urban Interface Fire
Area shall also comply with Section 705A.
16.04.340 Conventional Construction Provisions (Bracing).
Amend Section 2308.9.3 of the 2013 California Building Code to read as follows:
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2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels that meet
the requirements for location, type and amount of bracing as shown in Figure
2308.9.3, specified in Table 2308.9.3(1) and are in line or offset from each other by not
more than 4 fee (1219 mm). Braced wall panels shall start not more than 12 1/2 feet
(3810 mm) from each end of a braced wall line. Braced wall panels shall be clearly
indicated on the plans. Construction of braced wall panels shall be by one of the
following methods:
1. Nominal 1 -inch by 4 -inch (25mm by 102 mm) continuous diagonal braces let into
top and bottom plates and intervening studs, placed at an angle not more than 60
degrees (1.0 rad) or less than 45 degrees (0.79 rad) from the horizontal and
attached to the framing in conformance with Table 2304.9.1.
2. Wood boards of 5/8 inch (15.9 mm) net minimum thickness applied diagonally
on studs spaced not over 24 inches (610 mm) o.c.
3. Wood structural panel sheathing with a thickness not less than 3/8 inch (9.5 mm)
for 16 -inch (406 mm) or 24 -inch (610 mm) stud spacing in accordance with Tables
3308.9.3(2) and 3308.9.3(3).
4. Fiberboard sheathing panels not less than 1/2 inch (12.7 mm) thick applied
vertically or horizontally on studs spaced not over 16 inches (406 mm) o.c. where
installed with fasteners in accordance with Section 2306.6 and Table 2306.6.
5. Not adopted.
6. Particleboard wall sheathing panels where installed in accordance with Table
2308.9.3(4).
7. Portland cement plaster on studs spaced 16 inches (406 mm) o.c. installed in
accordance with Section 2510. This item is limited to one -story structures of R -3
and U occupancies.
8. Hardboard panel siding where installed in accordance with Section 2303.1.6 and
Table 2308.9.3(5).
For cripple wall bracing, see Section 2308.9.4.1. For Methods 2,3,4,6,7 and 8, each
panel must be at least 48 inches (1219 mm) in length, covering three stud spaces
where studs are spaced 16 inches (406 mm) apart and covering two stud spaces
where studs are spaced 24 inches (610 mm) apart.
For Method 5, each panel must be at least 96 inches (2438 mm) in length where
applied to one face of a panel and 48 inches (1219 mm) where applied to both faces.
All vertical joints of panel sheathing shall occur over studs and adjacent panel joints
shall be nailed to common framing members. Horizontal joints shall occur over
blocking or other framing equal in size to the studding except where waived b the
Ordinance No 13 -2115
Page 19
installation requirements for the specific sheathing materials. Sole plates shall be
nailed to the floor framing and top plates shall be connected to the framing above in
accordance with Section 2308.3.2. Where joists are perpendicular to braced wall
lines above, blocking shall be provided under and in line with the braced wall
panels.
16.04.360 Concrete Isolated Footings.
Amend Section 1705.3 Exception #1 of the 2013 CBC to read as follows:
1705.3 Concrete Construction. The special inspections and verifications for
concrete construction shall be as required by this section and Table 1705.3.
Exception:
Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, Fc, no greater than 2,500
pound per square inch (psi) (17.2 Mpa).
16.04.370 Revise Section 1905.1.8 ACI 318,Section 22.10.
Amend Section 1905.1.8 and AC'[ 318 Section 22.10 and replace with the
following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or
F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not
have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are
permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
Ordinance No 13 -2115
Page 20
Exception:
In detached one and two- family dwelling three stories or less in height, the
projection of the footing beyond the face of the supported member is permitted
to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings
have at least two continuous longitudinal reinforcing bars. Bars shall not be
smaller than No. 4 and shall have a total area of not less than 0.002 times the
gross cross - sectional area of the footing. A minimum of one bar shall be
provided at the top and bottom of the footing. Continuity of reinforcement shall
be provided at corners and intersections.
Exception:
In detached one and two- family dwellings three stores or less in height and
constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to
have a total area of less than 0.002 times the gross cross — sectional area of the
footing.
16.04.400 Swimming Pools.
Adopt Section 3109 of the 2013 California Building Code.
Inspections for Swimming Pools.
A. All Work to Be Inspected. All pool installations or alterations thereto including
equipment, piping and appliances related thereto shall be inspected by the Building
Department to insure compliance with the requirements of the California Building
Code.
B. Called Inspections. It shall be the duty of the person doing the work authorized by
the building permit to notify the Building Department that said work is ready for
inspection. Such notification shall be given not less than twenty -four hours before
the work is to be inspected.
1. Pregunite inspection is required when all steel is in place, piping from the
pool area is in with pressure test, all steel and related attachments are properly
bonded and underwater light housing is installed;
Ordinance No 13 -2115
Page 21
2. An inspection is required for all conduit and gas piping under slabs before
decks are poured;
3. Final inspection is required after all equipment is in place and operating, the
pool is filled with water and all fences and gates are installed;
4. A reinspection fee per the adopted fee schedule per inspection will be
charged for each inspection over two where the work is not ready or corrections
have not been completed;
5. The owner shall arrange with the Building Department for inspectors to enter
the property to make necessary inspections in connection with the pool.
SECTION 3. Chapter 16.06 of Title 16 of the Cupertino Municipal Code is hereby
repealed and readopted to read as follows:
CHAPTER 16.06 RESIDENTIAL CODE
16.06.010 Code Adoption.
The provisions of the 2013 California Residential Code and specified Appendices
and each and all of the regulations, provisions, conditions and terms of the code is
referred to as if fully set forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
16.06.015 Adoption of Appendix Chaptens.
The following Appendix Chapters fxom the 2013 California Residential Code are
hereby adopted:
Appendix A: Sizing and Capacities of Gas Piping;
Appendix C: Exit Terminals of Mechanical Draft and Direct -Vent Venting
Systems;
Appendix G: Swimming Pools, Spas and Hot Tubs;
Appendix H: Patio Covers;
Appendix J: Existing Building and Structures;
Ordinance No 13 -2115
Page 22
Appendix K: Sound Transmission;
16.06.050 Automatic Fire Sprinkler Systems.
Amend Section R313.1 of the 2013 California Residential Code to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential
fire sprinkler system shall be installed in all new townhouses and in existing
townhouses when additions are made that increase the building area to more than
3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011 that do not total
more than 1000 square feet of building area.
Amend Section R313.2 of the 2013 California Residential Code to read as follows:
R313.2 One- and two - family dwellings automatic fire sprinkler systems. An
automatic residential fire sprinkler system shall be installed in one- and two - family
dwellings as follows:
1. In all new one- and two- family dwellings and in existing one- and two- family
dwellings when additions are made that increase the building area to more than
3,600'square feet.
Exception:
One or more additions made to a building after January 1, 2011 that do not total
more than 1000 square feet of building area.
2. In all new basements and in existing basements that are expanded.
Exception:
Existing basements that are expanded by not more than 50 %.
16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure.
Amend Section R327.7.8 of the 2013 California Residential Code to read as follows:
Ordinance No 13 -2115
Page 23
R327.7.8 Underside of appendages. The underside of overhanging appendages
shall be enclosed to grade in accordance with the requirements of this chapter or the
underside of the exposed underfloor shall consist of one of the following:
1. Noncombustible material.
2. Ignition- resistant material.
3. One layer of 5/8 -inch Type X gypsum sheathing applied behind an exterior
covering on the underside of the floor projection.
4. The exterior portion of a 1 -hour fire resistive exterior wall assembly applied to
the underside of the floor including assemblies using the gypsum panel and
sheathing products listed in the Gypsum Association Fire Resistance Design
Manual.
5. The underside of a floor assembly that meets the performance criteria in
accordance with the test procedures set forth in the SFM Standard 12 -7A -3.
Exception: Heavy timber structural columns and beams do not require protection.
Amend Section R327.10.3 of the 2013 California Residential Code to read as follows:
R327.10.3. Where required. Accessory structures shall comply with the
requirements of this section.
R327.10.3.1. Attached accessory structures shall comply with the
requirements of this section.
Amend Section R327.10.4 of the 2013 California Residential Code to read as follows:
R327.10.4. Requirements. Accessory structures shall be constructed on
noncombustible or ignition- resistant materials.
16.06.070 Footings.
Amend Section R403.1 of the 2013 California Residential Code to read as follows:
R403.1 General. All exterior walls shall be supported on continuous solid or
fully grouted masonry or concrete footings, or other approved structural systems
which shall be of sufficient design to accommodate all loads according to Section
Ordinance No 13 -2115
Page 24
R301 and to transmit the resulting loads to the soil within the limitations as
determined from the character of the soil. Footings shall be supported on
undisturbed natural soils or engineered fill. Concrete footings shall be designed and
constructed in accordance with the provisions of Section R403 or in accordance with
ACI 332.
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa.
a. Where minimum footing width is 12 inches, use of a single wythe of solid or
fully grouted 12 -inch nominal concrete masonry units is permitted.
Amend Section R403.1.1 of the 2013 California Residential Code to read as
follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings
shall be as set forth in Table R403.1 and Figure 403.1(1). The footing width, W, shall
be based on the load - bearing value of the soil in accordance with Table R401.4.1.
Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing
projection, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of
the footing. The size of footings supporting piers and columns shall be based on the
tributary load and allowable soil pressure in accordance with Table R401.4.1.
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
LOAD- BEARING VALUE OF SOIL (psf)
1,500
2,000
3,000
? 4,000
Conventional light
-frame construction
1 -story
12
12
12
12
2-story
15
12
12
12
3-story
23
17
12
12
4 -inch brick veneer over light
frame or 8 -inch hollow concrete masonry
1 -story
12
12
12
12
2-story
21
16
12
12
3-story
32
24
16
12
8 -inch solid or fully grouted masonry
1-story
16
12
12
12
2 -story
29
21
14
12
3 -story
42
32
21
16
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa.
a. Where minimum footing width is 12 inches, use of a single wythe of solid or
fully grouted 12 -inch nominal concrete masonry units is permitted.
Amend Section R403.1.1 of the 2013 California Residential Code to read as
follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings
shall be as set forth in Table R403.1 and Figure 403.1(1). The footing width, W, shall
be based on the load - bearing value of the soil in accordance with Table R401.4.1.
Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing
projection, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of
the footing. The size of footings supporting piers and columns shall be based on the
tributary load and allowable soil pressure in accordance with Table R401.4.1.
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
Ordinance No 13 -2115
Page 25
16.06.080 Roof Covering Classification.
Amend Section R902.1.3 of the 2013 California Residential Code to read as
follows:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every
existing structure where more than 50 percent of the total roof area is - replaced
within any one -year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every
existing structure, shall be a fire - retardant roof covering that is at least Class A.
Amend Section R902.1.4 of the 2013 California Residential Code to read as
follows:
R902.1.4 Roofing coverings within the Wildland -Urban Interface Fire Area.
The entire roof covering of every existing structure where more, than 50 percent of
the total roof area is replaced within any one -year period, the entire roof covering of
every new structure, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure, shall be a fire - retardant roof
covering that is at least Class A.
Roofing requirement for structures located in a Wildland -Urban Interface Fire
Area shall also comply with Section R32:7.5.
16.06.085 Spark Arrestors.
In new construction or when alterations, repairs or additions requiring a permit
and having a valuation in excess of one thousand dollars occur, all new and existing
fireplace chimneys shall terminate in a substantially constructed spark arrestor
complying with the requirements of the 2013 California Residential Code Section
R1003.9.2.
16.06.090 Seismic Reinforcing.
Amend Section R403.1.3 of the 2013 California Residential Code to read as follows:.
Ordinance No 13 -2115
Page 26
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design
Categories Do, Di and Dz, as established in Table R301.2(1), shall have minimum
reinforcement of at least two continuous longitudinal reinforcing bars not smaller
than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76
mm) clear from the bottom of the footing.
In Seismic Design Categories Do, D, and D2 where a construction joint is created
between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to
3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend
a minimum of 14 inches (357 mm) into the stem wall.
In Seismic Design Categories Do, Di and D2 where a grouted masonry stem wall is
supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to
3 inches (76 mm) clear of the bottom of the footing and have a standard hook.
In Seismic Design Categories Do, Di and D2 masonry stem walls without solid grout
and vertical reinforcing are not permitted.
Exception:
In detached one- and two - family dwellings which are three stories or less in
height and constructed with stud bearing walls, isolated plain concrete footings
supporting columns or pedestals are permitted.
16.06.100 Intermittent Brace Wall Panel Construction Methods.
Amend CRC Section 8602.10.4; to add a new footnote "e" to the end of CRC Table
8602.10.3(3), to read as follows:
e. In Seismic Design Categories Do, Di, and D2, Method GB is not permitted and the
use of Method PCP is limited to one -story single family dwellings and accessory
structures.
Add the "e" footnote notation in the title of Table 8602.10.1.3(3) to read as follows:
TABLE R602.10.3(3)e
Ordinance No 13 -2115
Page 27
Add a new subsection R602.10.4.4, to read as follows:
R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories Do, Di,
and D2, Method GB is not permitted for use as intermittent braced wall panels, but
gypsum board is permitted to be installed when required by this Section to be
placed on the opposite side of the studs from other types of braced wall panel
sheathing. In Seismic Design Categories Do, D,, and Dz, the use of Method PCP is
limited to one -story single family dwe11u1gs and accessory structures.
SECTION 4. Chapter 16.12 of Title 16 of the Cupertino Municipal Code is hereby
repealed and readopted to read as follows:
CHAPTER 16.12 SOILS AND FOUNDATIONS SUBDIVISIONS
16.12.010 Code Adoption.
The ordinance codified in this chapter is enacted pursuant to the provisions of
Section 17953 through 17957 of the Health and Safety Code, relating to housing, and
reaffirms the requirements of an approved soils report as a condition to the issuance
of a building permit.
16.12.020 Required.
A. A soils report, as described in Section 17953 of the California Health and
Safety Code, shall be required of every subdivision as defined in the Subdivision
Map Act of the State of California (commencing at Section 66401 of the California
Government Code) and shall also be required as a condition precedent to the
issuance of any building permit for any structure to be built on any lot or
subdivision.
B. Said soils report may be waived by the Building Official or if the Public
Works Director determines that due to the knowledge such department has as to the
soil qualities of the soil of the subdivision or lot, no analysis is necessary.
Ordinance No 13 -2115
Page 28
C. No building permit shall be issued for the construction of any building or
structure on any lot or subdivision subject to this chapter unless or until an
approved preliminary soil report has been filed first with the Building Official and
City Engineer; or said report has been waived pursuant to the provisions of this
chapter or, the corrective action, if any, has been assured.
16.12.030 Report Requirements.
The report shall be comprehensive and shall include an analysis of:
A. Stability of all slopes, within the lot (subdivision) or slopes above, below or
adjacent to the area under investigation;
B. The classification of all soils for expansion potential;
C. The classification of the soils according to the Unified Soils Classification
System;
D. The establishment of design bearing values and anticipated maximum
settlements;
E. Soil profiles including relevant data to depths which reflect the nature and
magnitude of the future loading;
F. The presence of rocks or liquids containing deleterious chemicals, which, if
not corrected, could cause construction materials such as concrete, steel, and
ductile or cast iron to corrode or deteriorate.
16.12.040 Preparation.
The soils report shall be prepared by a civil engineer who is registered by the
state and shall be based upon adequate test borings, excavations, or in the case of the
letter of review, field observations.
16.12.050 Approval of'Report.
The preliminary soil report shall be filed with and approved by the City
Engineer.
16.12.060 Conditions for Building Permit.
Ordinance No 13 -2115
Page 29
No building permit shall be issued for the construction of any structure on any
lot or subdivision subject to this chapter unless or until an approved preliminary soil
report has been filed first with the Ciiy Engineer; or said report has been waived
pursuant to the provisions of this chapter or, the corrective action, if any, has been
assured.
SECTION 5. Chapter 16.16 of Title 16 of the Cupertino Municipal Code is hereby
repealed and readopted to read as follows:
CHAPTER 16.16: ELECTRICAL CODE
16.16.010 Code Adoption.
The provisions of the 2013 California Electrical Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in' the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2013 California Electrical Code have been
adopted.
16.16.020 Article 100 Amended - Definitions.
Article 100 as amended by adding thereto the following:
A. Electrical Contractors: For the purpose of this article, an Electrical Contractor
shall be a person holding a valid electrical contractor's license issued by the State
of California.
Ordinance No 13 -2115
Page 30
B. Journeyman Electrician: A journeyman electrician is an electrician qualified by
training and experience to do electrical work . in conjunction with new
construction and /or rework of existing systems.
C. Maintenance Electrician: A maintenance electrician in an electrician qualified by
training and experience to do the recurring work required to keep a facility in
such condition that it may be utilized at its designated capacity and efficiency, to
do repair work or replacement or overhaul of constituent parts or materials to
keep or restore a facility to a condition substantially equivalent to its original or
design capacity or efficiency.
16.16.025 Electrical Work.
Electrical work shall be done only by:
a. Owner /occupant;
b. Electrical contractors who are in compliance with the state licensing laws and
whose employees are under the direct supervision of a qualified journeyman
electrician;
c. General Building Contractor with current B -1 license in conjunction with
building permit only;
d. Maintenance electrician.
16.16.030 Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in the latest resolution adopted by
the city.
16.16.040 Interpretation.
A. The language used in this code, and the California Electrical Code, which is
made a part of this code by reference, is intended to convey the common and
accepted meaning familiar to the electrical industry.
B. The Building Official or his assistants is authorized to determine the intent and
meaning of any provisions of this code. Such determination shall be made in
writing and a record kept, which record shall be open to the public.
Ordinance No 13 -2115
Page 31
16.16.050 Electrical Maintenance Program..
Any person regularly employing one or more full -time qualified electricians for
the purpose of installation, alteration, Maintenance or repair on any property which
such person owns or occupies, may designate a qualified electrician as a
maintenance electrician. Upon being approved by the Chief Building Official, the
maintenance electrician shall make monthly or quarterly reports to the city covering
all installations, additions, or alterations. All such work shall be installed and done
in accordance with the provisions of the Electrical Code, and shall be subject to the
payment of fees, and to inspection by the electrical inspector to the same extent as
similar work performed by other persons and for which such inspection is
provided.
SECTION 6. Chapter 16.20 of Title 16 of the Cupertino Municipal Code is hereby
repealed and readopted to read as follows:
CHAPTER 16.20: PLUMBING CODE
16.20.010 Code Adoption.
The provisions of the 2013 California Plumbing Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
16.20.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2013 California Plumbing Code are
hereby adopted:
Appendix A: Rules for Sizing the Water Supply System;
Ordinance No 13 -2115
Page 32
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix C: Alternate Plumbing Systems;
Appendix D: Sizing Storm Water Drainage Systems;
Appendix Hr Private Sewage Disposal Systems;
Appendix I: Installation Standards;
16.20.020 Name Insertion.
The names "Cupertino" and /or "California" shall be inserted in the appropriate
places provided therefor in each and every section of such California Plumbing
Code wherein either the name of the city or state,is left blank.
16.20.080 Condensate Disposals.
Amend Section 807.2 of the 2013 California Plumbing Code to read as follows:
807.2 Condensate Waste. Condensate from air - cooling coils and comfort
cooling equipment not intended to be used for the storage or holding of food or
drinks shall be collected and discharged to an approved point of disposal acceptable
by the Building Official.
Termination of such drains shall be made by an air break. Condensate drain
lines in sizes 1 1/4" and larger shall be assembled using approved drainage pipe and
fittings. Condensate waste water shall not drain over or upon a public way,
sidewalk, pedestrian ramp or the like. The waste pipe shall have a slope of not less
than 1/8 inch per foot and shall be of approved corrosion- resistant material not
smaller than the outlet size as required below for air - cooling coils or condensing
fuel- burning appliances, respectfully.
Condensate wastes pipes from air- cooling coils shall be sized in accordance with
equipment capacity as follows:
EQUIPMENT CAPACITY
Up to 20 tons of refrigeration
21 to 40 tons of refrigeration
41 to 90 tons of refrigeration
CONDENSATE PIPE DIAMETER
3/4 inch
1 inch
1 -1/4 inch
Ordinance No 13 -2115
Page 33
91 to 125 tons of refrigeration 1 -1/2 inch
126 to 250 tons of refrigeration 2 inch
The size of condensate waste pipes may be for one unit or a combination of units,
or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8
inch- per -foot slope, with the pipe running three- quarters full.
Condensate drain sizing for other slopes or other conditions shall be approved
by the Building Official.
Findings
The waste water treatment facilities serving many silicon valley cities are operating
at or near maximum capacity. The discharge of treated waste water into San
Francisco Bay is detrimental to its sensitive ecosystem.
Cooling coil and comfort cooling equipment condensate waste discharge does not
contain pollutants which require treatment before being discharged into sanitary
sewers or the ground.
SECTION 7. Chapter 16.24 of Title 16 of the Cupertino Municipal Code is hereby
repealed and readopted to read as follows:
CHAPTER 16.24: MECHANICAL CODE
16.24.010 Code Adoption.
The provisions of the 2013 California Mechanical Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
16.24.015 Adoption of Appendix Chapters.
Ordinance No 13 -2115
Page 34
No Appendix Chapters from the 2013 California Mechanical Code have been
adopted.
16.24.020 Name Insertion.
The names "Cupertino" and /or "California" shall be inserted in the appropriate
places provided therefor in each and every section of such California Mechanical
Code wherein either the name of the city or state is left blank.
16.24.030 Condensate Wastes.
Amend Section 312.1 of the 2013 California Mechanical. Code to read as follows:
312.1 Condensate Disposal. Condensate from air cooling coils and comfort
cooling equipment not intended to be used for the storage or holding of food or
drinks shall be collected and discharged to an approved point of disposal acceptable
to the Building Official.
Termination of such drains shall be made by an air break. Condensate drain
lines in sizes 1- 1/4" and larger shall be assembled using approved drainage pipe
and fittings. Condensate waste water shall not drain over or upon a public way,
sidewalk, pedestrian ramp or the like.
Findings
The waste water treatment facilities serving many Silicon Valley cities are operating
at or near maximum capacity. The discharge of treated waste water into San
Francisco Bay is detrimental to its sensitive ecosystems.
Cooling coil and comfort cooling equipment condensate waste discharge does not
contain pollutants which require treatment before being discharged into sanitary
sewers or the ground.
Ordinance No 13 -2115
Page 35
SECTION 8. Chapter 16.32 of Title 16 of the Cupertino Municipal Code is hereby
repealed.
SECTION 9. The Title of Chapter 16.36 of Title 16 of the Cupertino Municipal Code is
hereby amended to read as follows:
CHAPTER 16.36: RELOCATION OF BUILDINGS
SECTION 10. Section 16.36.010 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.010 Definitions.
For the purposes of this chapter the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural number
include the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
A. 'Building" means any structure used or intended for supporting or sheltering any
use or occupancy. A structure containing less than one hundred and twenty (120)
square feet of floor space shall not fall within this definition;
B. 'Building Official" means the Chief Building Official for the City or designee;
C. "City" means the City of Cupertino;
D. "Person" means any person; firm, partnership, association, corporation, company
or organization of any kind.
SECTION 11. Section 16.36.020 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.020 Permit- Required.
No person shall move any building over, along or across any highway, street or alley
in the city without first obtaining a permit f=rom the Building Department.
Ordinance No 13 -2115
Page 36
SECTION 12. Section 16.36.030 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.030 Permit- Application.
A person seeking issuance of a permit hereunder shall file an application for such
permit with the Building Department:
A. Form. The application shall be made in writing, upon forms provided by the
Building Department, and shall be filed in the office of the Building Official;
B. Contents. The application shall set forth:
1. A description of the building proposed to be moved, giving street number,
construction materials, dimensions, number of rooms and condition of exterior and
interior,
2. A legal description of the lot from which the building is to be moved, giving the
lot, block and tract number, if located in the city,
3. A legal description of the lot to which it is proposed such building be removed,
giving lot, block and tract number, if located in the city,
4. The portion of the lot to be occupied by the building when moved,
5. The highways, streets and alleys over, along or across which the building is
proposed to be moved,
6. Proposed moving date and hours,
7. Any additional information which the Building InspeEte Official shall find
necessary to a fair determination of whether a permit should issue;
C. Accompanying Papers.
1. Tax Certificate. The owner of the building to be moved shall file with the
application sufficient evidence that the building and lot from which it is to be removed
are free of any entanglements and that all taxes and any City charges against the same
are paid in full,
2. Certificate of Ownership or Entitlement. The applicant, if other than the owner,
shall file with the application a written statement or bill of sale signed by the owner, or
other sufficient evidence, that he is entitled to move the building.
SECTION 13. Section 16.36.040 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.040 Moving Notice.
Ordinance No 13 -2115
Page 37
Upon receiving an application to move an old or previously occupied building, the
Building Official shall cause a notice to be posted on the front and rear of the proposed
location and on the front of the building proposed to be moved.
Such notice shall have a title in letters not less than one inch in height, "MOVING
NOTICE "; shall give the location of the house by street and number and the name and
address of the applicant desiring a permit to move such building.
SECTION 14. Section 16.36.050 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.050 Permit- Issuance- Hearing.
After the above described notices have been in place seventy -two hours, excluding
Sundays and holidays, and no written protests have been received, the Building Official
shall issue the permit subject to all the prol7isions of this chapter. If any written protests
are filed with the Building Department, a time shall be set for a hearing before the City
Council, said time to be not sooner than three days nor later than twenty days from the
date of the filing of the protest. The Building Official shall notify the City Council and
the other interested parties of the hour set for such hearing. No permit shall issue
unless the City Council shall deny the protest.
SECTION 15. Provisions of Section 16.36.055 and 16.36.060 of Chapter 16.36 of Title 16
of the Cupertino Municipal Code remain unchanged.
SECTION 16. Section 16.36.070 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.070 Permit - Conditions.
Any permit issued under this chapter shall be subject to the following conditions:
A. Certificates. No permit shall be issued unless there is first filed a certificate of
inspection signed by the Building Official certifying that he examined the building and
that it is structurally strong; and unless there is also filed a certificate certifying that the
Ordinance No 13 -2115
Page 38
removal of said building on the route proposed will not result in damage of or
destruction to trees;
B. Locations Outside City. No permit shall be issued to move a building through the
city from one location outside the city to another location outside the city unless the
proposed route to be followed within the city shall be approved by the Building
Official;
C. Location Within City from Outside. No permit shall be issued to move a building
from a location outside the city to a location inside the city unless the building has been
inspected and approved, and the route to be followed has been approved by the
Building Official. Inspection fees shall be paid by the applicant in accordance with the
requirements of City ordinances regulating building, electrical, plumbing and gas
installations. The lot upon which such building is to be moved shall be posted as
required for buildings to be moved within the city;
D. Accessory Building. An accessory building, not over four hundred square feet in
area, may be moved in conjunction with the moving of a residence from the same
location to the same location without paying an additional fee.
SECTION 17. Sections 16.36.080, 16.36.090, 16.36.100, and 16.36.110 of Chapter 16.36 of
Title 16 of the Cupertino Municipal Code remain unchanged.
SECTION 18. Section 16.36.120 of Chapter 16.36 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.36.120 Person in Charge- Duties.
Every person in charge of the moving of any building on or over the streets of the city
shall:
A. Notify the Fire Department within one -half hour after sunset of the location of the
building and the route over which the building is to be moved during the night;
B. Give twenty -four hours written notice to any person responsible for trimming
trees, removing wires or the doing of other things necessary to permit the moving of the
building over the route designated;
C. Maintain red lights at each corner of the building from one -half hour after sunset
till one -half hour before sunrise;
D. Carry insurance to cover accidents or damage to persons and property or furnish
bond therefor satisfactory to the Building Official;
Ordinance No 13 -2115
Page 39 '
E. Notify the Sheriff's office of the time of moving and the route over which the
building is to be moved.
SECTION 19. Section 16.36.130 of Chapter 16.36 of Title. 16 of the Cupertino Municipal
Code is hereby repealed:
SECTION 20. Chapter 16.40 of Title 16 of the Cupertino Municipal Code is hereby
repealed in its entirety and replaced with the following Chapter 16.40 in its entirety:
CHAPTER 16.40: FIRE CODE
16.40.010 Code Adoption.
The provisions of the 2013 California Fire Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
and the Fire Code Official pursuant to Health and Safety Code Section 18942 (d) (1)
and are made available for public inspection.
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2013 California Fire Code are hereby
adopted.
Appendix B: Flow Requirement for Buildings;
Appendix C: Fire Hydrant Locations and Distribution;
Appendix K: Temporary Haunted. Houses, Ghost Walks and Similar Amusement
Uses..
16.40.020 Administration.
Add Section 101.3.1 to the 2013 California. Fire Code to read as follows:
Ordinance No 13 -2115
Page 40
101.3.1 Administration. The City Manager, through the powers vested by the. City
Council, shall have the authority to delegate any and all responsibility for the
maintenance and enforcement of the provisions of this Code to whichever legal entity
he feels best serves the interests of the City.
Wherever the words "Chief', "Fire Marshal ", "fire code official ", 'Tire Department ",
"Fire Prevention Bureau ", "Fire Chief' and other such similar words are used, they shall
mean and refer to such legal entity designated by the City Manager of Cupertino under
the authority of the City Council of Cupertino.
Wherever the words "municipality ", "jurisdiction" or "city" are used, they shall mean
the City of Cupertino.
Wherever the words "Executive Body" are used, they shall mean the City Council of
Cupertino. -
Wherever the words "Administrator" or "Executive" are used, they shall mean the City
Manager of Cupertino.
Wherever the words "District Attorney" or "Corporation Counsel" are used, they shall
mean the City Attorney of Cupertino.
Wherever the words 'Board of Appeal" are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire
safety.
16.40.065 Permits.
Add Section [A] 105.1.4 to the 2013 California Fire Code to read as follows:
[A] 105.1.4 Construction permit fees. Construction permit fees and plan review fees
for fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid
to the Santa Clara County Fire Department in accordance with the following table based
on valuation. The valuation shall be limited to the value of the system for which the
permit is being issued. Plan review fees are 65% of the Permit Fee amount. For the
purposes of determining the total fee amount for each permit, the plan review fee shall
be added to the Permit Fee.
Ordinance No 13 -2115
Page 41
TOTAL
PERMIT FEE
VALUATIONS
Institutional
$1.00 TO $500.00
$23.50
$501.00 TO
$23.50 for the first $500.00 plus $3.05 for each
$2,000.00
additional $100.00, or fraction thereof, to and
$100.00-
Annually
including $2,000.00
$2001.00 TO
$69.25 for the first $2,000.00 plus $14.00 for each
$25,000.00
additional $1,000.00 or fraction thereof, to and
including $25,000.00
$25,001.00 TO
$391.25 for the first $25,000.00 plus $10.10 for
$50,000.00
each additional $1,000.00, or fraction thereof, to
and including $50,000.00
$50,001.00 TO
$643.75 for the first $50,000.00 plus $7.00 for each
$100,000.00
additional $1,000.00, or fraction thereof, to and
including $100,000.00
$100,001.00 to
$993.75 for the first $100,000.00 plus $5.60 for
$500,000.00
each additional $1,000.00, or fraction thereof, to
and including $500,000.00
$500,001 to
$3,233.75 for the first $500,000.00 plus $4.75 for
$1,000,000.00
each additional $1,000.00, or fraction thereof, to
and including,',' 1,000,000.00
$1,000,001 and up
$5,608.75 for the first $1,000,000.00 plus $3.15 for
each additiona)' $1,000.00, or fraction thereof
Additional re- inspections, in connection with the permits above, are to be
aid at $50.00 for each occurrence at the discretion of the fire code official.
Add Section [A] 105.1.5 the 2013 California Fire Code to read as follows:
[A] 105.1.5 Operational permit fees. Operational permit fees shall be paid to the
Santa Clara County Fire Department as follows:
FACILITY TYPE
PERMIT FEE
1
Institutional
A. More than 6 persons
$75.00 - Annually
B. Over 50 persons
$100.00-
Annually
Ordinance No 13 -2115
Page 42
2.
Day Care Facilities
Corrosive
200
More than 6 clients
$35.00 - Annually
Highly toxic
Any amount
Inert and simple asphyxiant
3.
Places of Assembly
200
Moderately toxic
A. 50 -300 persons
$50.00 - Annually
650
B. Over 300 persons
$85.00 - Annually
4.
Temporary Membrane Structures, Tents and
Canopies (Only those requiring permits in
accordance with Section 105.6.43).
$85.00 — Each
occurrence
Amend Section [A] 105.6.8 of the 2013 California Fire Code to read as follows:
[A] 105.6.8 Compressed gases. An operational permit is required for the storage,
use or handling at normal temperature and pressure (NPT) of compressed gases in
excess of the amounts listed in Table 105.6.8.
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
2. Inert and simple asphyxiants at or below the amounts listed in Table 105.6.8.
Amend Table 105.6.8 of the 2013 California Fire Code to read as follows:
TABLE 105.6.8
PERMIT AMOUNTS FOR COMPRESSED GASES'
TYPE OF GAS
AMOUNT
cubic feet at
NTP 2
Corrosive
200
Flammable (except cryogenic and liquefied petroleum
gases)
200
Highly toxic
Any amount
Inert and simple asphyxiant
6,000
Irritant
200
Moderately toxic
20
Other health hazards
650
Oxidizing (including oxygen)
504
Ordinance No 13 -2115
Page 43
Pyro horic
Any amount
Radioactive
Any amount
Sensitizer
200
Toxic
Any Amount
Unstable (reactive)
Any amount
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and
exceptions.
2 Cubic feet measured at normal Temperature and pressure.
Amend Section 105.6.10 of the 2013 California Fire Code to read as follows:
105.6.10 Cryogenic fluids. An operational permit is required to produce, store
transport on site, use, handle or dispense cryogenic fluids in excess of the amounts
listed.in Table 105.6.10 or to install a cryogenic vessel or piping system for the storage or
distribution of cryogens.
Exception: Permits are not required for vehicles equipped for and using cryogenic
fluids as a fuel for propelling the vehicle or for refrigerating the lading.
Amend Table 105.6.20 of the 2013 California Fire Code to read as follows:
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUIS MATERIALS
TYPE OF MATERIAL
AMOUNT
Carcinogens
10 pounds
Combustible liquids
See Section 105.6.16
Corrosive materials:
Gases
See Section 105.6.8
Liquids
55 gallons
Solids
500 pounds
Cryogens
See Section 105.6.10
Explosive materials
See Section 105.6.14
_
Flammable materials:
Gases
See Section 105.6.8
Liquids
See Section 105.6.16
Solids
100 pounds
Ordinance No 13 -2115
Page 44
Highly toxic materials:
Gases
See Section 105.6.8
Liquids
Any amount
Solids
Any amount
Moderately toxic gas
See Section 105.6.8
Organic peroxides:
Liquids: Class I -IV
Any Amount
Liquids: Class V
No Permit Required
Solids: Class I -IV
Any Amount
Solids: Class V
No Permit Required
Oxidizing materials:
Gases
See Section 105.6.8
Liquids
Any amount
Solids:
Any amount
Other health hazards:
Liquids
55 gallons
Solids
500 pounds
Pyrophoric materials:
Gases
See Section 105.6.8
Liquids
Any amount
Solids
Any amount
Radioactive materials:
Gases
See Section 105.6.8
Liquids
See Section 105.6.50
Solids
See Section 105.6.50
Toxic materials:
Gases
See Section 105.6.8
Liquids
Any amount
Solids
Any amount
Unstable (reactive) materials:
Gases
See Section 105.6.8
Liquids
Any amount
Solids
Any amount
Water reactive materials:
Liquids
Any amount
Solids
Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 20 gallons when Table 5003:1.1(1) Note k applies and hazard identification signs in
Ordinance No 13 -2115
Page 45
accordance with Section 5003.5 are provided for quantities of 20 gallons or less.
b. 200 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in
accordance with Section 5003.5 are provided for quantities of 200 pounds or less.
Add Section [A] 105.6.48 to the 2013 California Fire Code to read as follows:
[A] 105.6.48 Day care facility. An operational permit is required to operate a
business as a day care facility for more than 6 people.
Add Section [A] 105.6.49 to the 2013 California Fire Code to read as follows:
[A] 105.6.49: Institutional. A permit is required to operate, maintain, or use any
institutional type occupancy. For the purpose of this Section, an institution shall be, but
is not limited to hospitals, children's home, home or institution for insane or mentally
retarded persons, home or institution for the care of aged or senile persons, sanitarium,
nursing or convalescent home, certified family care homes, residential care homes for
the elderly, out of home placement facilities, halfway house, and day care nurseries or
similar facility of any capacity.
Add Section [A] 105.6.50 to the 2013 California Fire Code to read as follows:
. [A] 105.6.50 Radioactives. To store ox handle at any installation more than one
microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or
sources, or any amount of radioactive material for which a specific license from the
Nuclear Regulatory Commission.
Amend Section [A] 105.7.3 of the 2013 California Fire Code to read as follows:
[A] 105.7.3 Compressed Gases. A construction permit is required to install any
piped distribution system for compressed gases, or to install a non- flammable medical
gas manifold system. A construction permit is required to install, repair damage to,
abandon, remove, place temporarily out of service, close or substantially modify a
compressed gas system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement, of work.
The permit applicant shall apply for approval to close storage, use or handling
Ordinance No 13 -2115
Page 46
facilities at least 30 days prior to the termination of the storage, use or handling of
compressed or liquefied gases. Such application shall include any change or alteration
of the facility closure plan. This 30 -day period may be waived by the chief if there are
special circumstances requiring such waiver.
Amend Section [A] 105.7.4 of the 2013 California Fire Code to read as follows:
[A] 105.7.4 Cryogenic fluids. A construction permit is required for installation of or
alteration to cryogenic fluid storage systems where the system capacity exceeds the
amounts listed in Table 105.6.10. Maintenance performed in accordance with this code
is not considered an alteration and does not require a construction permit.
Add Section [A] 106.5 to the 2013 California Fire Code to read as follows:
[A] 106.5 Final Inspection. No final inspection as to all or any portion of a
development shall be deemed completed until the installation of the required fire
protection facilities and access ways have been completed and approved. No final
certificate of occupancy may be granted until the Fire Department issues notice of final
clearance of such fire protection facilities and access ways to the Building Department.
16.40.070 Definitions.
The following definitions are added /amended:
CARCINOGEN is a substance that causes the development of cancerous growths in
living tissue. A chemical is considered a carcinogen if:
1. It has been evaluated by the International Agency for Research on Cancer and
found to be a carcinogen or potential carcinogen, or
2. It is listed as a carcinogen or potential carcinogen in the latest edition of the
Annual Report on Carcinogens published by the National Toxicology program, or
3. It is regulated by OSHA as a carcinogen.
CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system
where the analytical instrument is maintained in continuous operation and sampling is
performed without interruption. Analysis is allowed to be performed on a cyclical basis
at intervals not to exceed 30 minutes. In occupied areas where air is re- circulated and
not exhausted to a treatment system (e.g. breathing zone), the Chief may require a
cyclical basis at intervals not to exceed 5 minutes. The gas detection system shall be able
Ordinance No 13 -2115
Page 47
to detect the presence of a gas at or below the permissible exposure limit in occupiable
areas and at or below 1/2 IDLH (or 0.05 LC 50 if no established IDLH) in unoccupiable
areas.
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action;
2. any liquid having a pH of 2 or less or 12.5 or more;
3, any liquid classified as corrosive by U'le U.S. Department of Transportation; and
4. any material exhibiting the characteristics of corrosivity in accordance with Title
22, California Code of Regulations §66261.22.
DEVICE. Device is an appliance or piece of equipment that plays an active part in the
proper functioning of the regulated systems. Examples include, but are not limited to
the following: smoke detectors, heat detectors, flame detectors, manual pull stations,
horns, alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, control
panels, transponders, and other such equipment used to detect, transmit, initiate,
annunciate, alarm, or respond according to the system design criteria.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal
concentration (LC50) in air more than 2000 parts per million but not more than 5000
parts per million by volume of gas or vapor, when administered by continuous
inhalation for an hour, or less if death occurs within one hour, to albino rats weighing
between 200 and 300 grams each.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity
(Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be
stored in a single vessel before a more stringent category- of regulation is applied. The
following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
For gas mixtures containing one or more toxic, highly toxic or moderately toxic
components, LC50 shall be calculated using CGA Standards P -20 and P -23 as referenced
in Appendix E, Section E103.1.3.1
OTHER HEALTH HAZARD MATERIAL is a hazardous material which affects target
organs of the body, including but not limited to, those materials which produce liver
damage, kidney damage, damage to the nervous system, act on the blood to decrease
Ordinance No 13 --2115
Page 48
hemoglobin function, deprive the body tissue of oxygen or affect reproductive
capabilities, including mutations (chromosomal damage) or teratogens (effect on
fetuses).
SENSITIZER is a chemical that causes a substantial proportion of exposed people or
animals to develop an allergic reaction in normal tissue after repeated exposure to the
chemical.
WORKSTATION is a defined space or independent principal piece of equipment
using hazardous materials where a specific function, laboratory procedure or research
activity occurs. Approved or listed hazardous materials storage cabinets, flammable
liquid storage cabinets or gas cabinets serving a workstation are included as part of the
workstation. A workstation is allowed to contain ventilation equipment, fire protection
devices, electrical devices, and other processing and scientific equipment.
16.40.080 General precautions against-fire.
Amend Section 311.1 of the 2013 California Fire Code to read as follows:
311.1 General. Temporarily unoccupied buildings, structures, premises or
portions thereof, including 'tenant spaces, shall be safeguarded and maintained in
accordance with Sections 311.1.1 through 311.4.
Section 311.5 of the 2013 California Fire Code is not adopted.
16.40.120 Fire apparatus access roads.
Amend Section 503.1 of the 2013 California Fire Code to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained
in accordance with Sections 503.1.1 through 503.1.2 and as per Fire Department access
road Standards.
Amend Section 503.2.1 of the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 49
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of
not less than 20 feet (6096 mm), except for approved security gates in accordance with
Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception: When there are not more than two Group R, Division 3, or Group U
occupancies, the - access road width may be modified by the fire code official.
16.40.130 Access to buildings and roofs.
Add Section 504.5 to the 2013 California Fire Code to read as follows:
504.5 Access Control Devices. When access control devices including bars, grates,
gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to the building, are installed, such devices shall be
approved by the fire code official. All electrically powered access control devices shall
be provided with an approved means for deactivation or unlocking from a single
location or otherwise approved by the fire department.
Access control devices shall also comply with Chapter 10 Egress.
16.40.140 Hazards to firefighters.
Add Section 504.6 to the 2013 California Fire' Code to read as follows:
504.6 Roof Guardrails at Interior Courts. Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the
guardrail shall not be less than 42 inches in height above the adjacent roof surface that
can be walked on. Intermediate rails shall be designed and spaced such that a 12 -inch
diameter sphere cannot pass through.
Exception: Where the roof opening is greater than 600 square feet in area.
16.40.150 Emergency Responder Radio Coverage.
Add Section 510.1.1 to the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 50
510.1.1 Obstruction by new buildings. When determined that a new structure obstructs
the line of sight emergency radio communications to existing buildings or to any other
locations, the developer of the structure shall provide and install the radio
retransmission equipment necessary to restore communications capabilities. The
equipment shall be located in an approved space or area within the new structure.
16.40.180 Electrical equipment, wiring and hazards.
Add Section 605.11 to the 2013 California Fire Code to read as follows:
605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over- temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
16.40.190 Stationary storage battery systems.
Add Section 608.6.4 to the 2013 California Fire Code to read as follows:
608.6.4 Failure of Ventilation System. Failure of the ventilation system shall
automatically disengage the charging system.
16.40.195 Decorative Vegetation in New and Existing Buildings.
Amend Section 806.1.1 of the 2013 California Fire Code to read as follows:
Display inside buildings. The display of Christmas trees and other decorative
vegetation shall be in accordance with the California Code of Regulations, Title 19,
Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions:
1. Trees located in areas protected by an approved automatic sprinkler system
in accordance Section 903.1.1 or 903.3.1.2 shall not be prohibited in Groups A,
E, M, R -1 and R -2.
2. Trees shall be allowed within dwelling units in Group R -2 occupancies.
Ordinance No 13 -2115
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16.40.210 Automatic sprinkler systems.
Amend Section 903.2 of the 2013 California Fire Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided, in the locations described in this Section or
in Sections 903.2.1 through 903.2.18 whichever is the more restrictive.
For the purposes of this section, firewalls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without
openings or penetrations.
1. In other than residential buildings which require the installation of fire sprinklers
for all new buildings according to the California Residential Code, an automatic
sprinkler system shall be provided throughout all new buildings and structures.
Exceptions:
a. Buildings and structures that do not exceed 1,000 square feet of building
area and that are not located in the Wildland -Urban Interface Fire Area.
b. Buildings and structures that are located in the Wildland -Urban Interface
Fire Area and do not exceed 500 square feet of building area.
c. Group S -2 or U occupancies that are not located in the Wildland -Urban
Interface and used exclusively for vehicle parking and meeting all of the
following conditions:
i. Noncombustible construction
ii. Maximum building area not to exceed 5,000 square feet
iii. Structure is open on three (3) or more sides
iv. Minimum of 10 feet separation from existing buildings unless area
is separated by fire walls complying with CBC 706.
2. An automatic sprinkler system shall 'be provided throughout existing buildings
and structures when alterations or additions are made that create conditions
described in Sections 903.2.1 through 903.2.18.
3. An automatic sprinkler system shall be provided throughout existing buildings
and structures, when additions are made that increase the building area to more
than 3,600 square feet.
Ordinance No 13 -2115
Page 52
Exception:
One or more additions made to a building after January 1, 2011 that do not
total more than 1,000 square feet of building area.
4. An automatic sprinkler system shall be provided throughout all new basements
regardless of size and throughout existing basements that are expanded by more
than 50 %.
5. Any change in the character of occupancy or in use of any building with a
building area equal to or greater than 3,600 square feet which, in the opinion of
the fire code official or Building Official, would place the building into a more
hazardous division of the same occupancy group or into a different group of
occupancies and constitutes a greater degree of life safety' or increased fire risk2,
shall require the installation of an approved automatic fire sprinkler system.
1 Life Safety — Increased occupant load, public assembly areas, public meeting
areas, churches, indoor amusement attractions, buildings with complex exiting
systems due to increased occupant loads, large schools /day -care facilities, large
residential care facilities with non - ambulatory;
2 Fire Risks — High -piled combustible storage, woodworking operations,
hazardous operations using hazardous materials, increased fuel loads (storage of
moderate to highly combustible materials), increased sources of ignition
(welding, automotive repair with. the use of flammable liquids and open flames).
Amend Section 903.3.1.1 of the 2013 California Fire Code to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system
in accordance with this section, sprinklers shall be installed throughout in accordance
with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards. .
For new buildings having no designated use or tenant, the minimum sprinkler design
density shall be Ordinary Hazard Group 2. Where future use or tenant is determined to
require a higher density, the sprinkler system shall be augmented to meet the higher
density.
16.40.225 Precautions against fire.
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Page 53
Add Section 3304.8 to the 2013 California Fire Code to read as follows:
3304.8 Fire Walls. When firewalls are required, the wall construction shall be
completed (with all openings protected) immediately after the building is sufficiently
weather- protected at the location of the wall(s).
16.40.230 Means of egress.
Amend Section 3311.1 of the 2013 California Fire Code to read as follows:
3311.1 Stairways Required. Each level above the first story in new multi-story
buildings that require two exit stairways shall be provided with at least two usable exit
stairways after the floor decking is installed. The stairways shall be continuous and
discharge to grade level. Stairways serving more than two floor levels shall be enclosed
(with openings adequately protected) after exterior walls /windows are in place. Exit
stairs in new and in existing, occupied buildings shall be lighted and maintained clear
of debris and construction materials at all times.
Exception: For new multi -story buildings, one of the required exit stairs may be
obstructed on not more than two contiguous floor levels for the purposes of stairway
construction (i.e., installation of gypsum board, painting, flooring, etc.,).
Add Section 3311.1.1 to the 2013 California Fire Code to read as follows:
Section 3311.1.1 Required Means Of Egress. All new buildings under construction
shall have at least one unobstructed means of egress. All means of egress shall be
identified in the prefire plan. See Section 3308.2.
16.40.280 General Requirements — Lumberyards and Woodworking Facilities.
Add Section 2803.8 to the 2013 California Fire Code to read as follows:
2803.8 Fire Protection Water Supply System. An approved fire protection water
supply and hydrant system suitable for the fire hazard involved shall be provided for
open storage yards and processing areas„ Hydrant systems shall be installed in
accordance with NFPA 24.
Ordinance No 13 -2115
Page 54
16.40.300 Definitions - Wildland Urban Interface Fire Areas.
Amend definition of Wildland -Urban Interface. Fire Area as follows:
Wildland -Urban Interface Fire Area is a geographical area identified by the state as a
"Fire Hazard Severity Zone in accordance with the Public Resources Code Sections
4201 through 4204 and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. The
Wildland -Urban Interface Fire Area shall be defined as all areas within the City of
Cupertino as set forth and delineated on the map entitled "Wildland -Urban Interface
Fire. Area which map and all notations, references, data and other information shown
thereon are hereby adopted and made a part of this chapter. The map properly attested,
shall be on file in the Office of the City Clerk of the City of Cupertino.
16.40.310 Application.
Amend Section 4906.2 of the 2013 California Fire Code*to read as follows:
4906.2 Application. Buildings and structures located in the following areas shall
maintain the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire
Protection as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very -High Fire Hazard Severity Zones
2. Land designated as a Very -High Fire Hazard Severity Zone or as a Wildland
Urban Interface Fire Area by the City of Cupertino.
16.40.320 Defensible space.
Amend Section 4907.1 of the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 55
4907.1 General. Defensible space will be maintained around all buildings and structures
in Sate Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA
Fire Safe Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very -High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government
Code 51175 — 51189 and any local ordinance of the authority having jurisdiction.
Defensible space shall also be provided around water tank structures, water supply
pumps and pump houses.
Persons owning, leasing, controlling, operating or maintaining buildings or structures
in the locally adopted Wildland -Urban Interface Fire Area but that are not within the
Very -High Fire Hazard Severity Zone and persons owning, leasing or controlling land
adjacent to such buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants
used as ground covers, provided that they do not form a means of rapidly
transmitting fire from the native grovith to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480
mm) when required by the fire code official due to steepness of terrain or other
conditions that would cause a defensible space of only 30 feet (9144 mm) to be
insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the
ground need not be removed where necessary to stabilize the soil and prevent
erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
Ordinance No 13 -2115
Page 56
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
6. Remove flammable vegetation a minimum of 30 feet around liquefied petroleum gas
tanks /containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other
projections or overhangs. The storage of firewood and combustible material within
the defensible space shall be located a minimum of 30 feet (6096 mm) from
structures and separated from the crown of trees by a minimum horizontal distance
of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the
premises shall be stored as approved by the fire code official.
8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of
non - fire - resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated
ground cover, such as greengrass, ivy, succulents or similar plants used as
ground cover, provided they do not form a means of readily transmitting fire.
Add Section 4907.2 to the 2013 California Fire Code to read as follows:
4907.2 Corrective Actions. The executive body is authorized to instruct the fire code
official to give notice to the owner of the property upon which conditions regulated
by Section 4907.1 exist to correct such conditions. If the owner fails to correct such
conditions the executive body is authorized to cause the same to be done and make
the expense of such correction a lien upon the property where such conditions
exists.
16.40.330 Fire protection plan.
4908.1 General. When required by the code official, a fire protection plan shall be
prepared.
Ordinance No 13 -2115
Page 57
4908.2 Content. The plan shall be based upon a site - specific wildfire risk assessment
that includes considerations of location, topography, aspect, flammable vegetation,
climatic conditions and fire history. The plan shall address water supply, access,
building ignition and fire- resistance factors, fire protection systems and equipment,
defensible space and vegetation management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official.
16.40.340 Water Supply.
Add Section 4909 to the 2013 California Fire Code to read as follows:
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within the Wild land-Urban Interface Fire Area shall be provided with
fire protection water supplies in accordance with Chapter 5 and Section 4909.2..
Exception:
Buildings containing only private garages, carports, sheds and agricultural
buildings with a building area of not :more than 500 square feet (56 m2).
4909.2 Standby Power. Stationary water supply facilities within the wildland -urban
interface area dependent on electrical power to meet adequate water supply demands
shall provide standby power systems in accordance with the Electrical Code to ensure
that an uninterrupted water supply is maintained. The standby power source shall be
capable of providing power for a minimum of two hours.
Exceptions:
1. When approved by the code official, a standby power supply is not required
where the primary power service to the stationary water supply facility is
underground.
2. A standby power supply is not required where the stationary water supply
facility serves no more than one single- family dwelling.
Ordinance No 13 -2115
Page 58
16.40.350 Ignition source control.
4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland -Urban
Interface Fire Area.
16.40.355 General - Hazardous Materials:
Amend Section 5001.2.2.2 of the 2013 California Fire Code to read as follows:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also
pose a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
16.40.360 General requirements - Hazardous Materials.
Add Section 5003.1.3.1 to the 2013 California Fire Code to read as follows:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or
Handled Materials. The storage, use and handling of toxic, highly toxic and moderately
toxic gases in amounts exceeding Table 6004.2 or 6004.3 shall be in accordance with this
chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used
or handled as a gas or vapor shall be in accordance with the requirements for toxic,
highly toxic or moderately toxic gases.
Add Section 5003.1.5 to the 2013 California Fire Code to read as follows:
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified
as other health hazards including carcinogens, irritants and sensitizers in amounts
exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids
shall be in accordance with this Section 5003.
Add Section 5003.1.6 to the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 59
5003.1.6 Spill Control and Secondary Containment Requirements. A containment
system shall be required for all hazardous materials, which are liquids or solids at
normal temperature, and pressure (NTP) where a spill is determined to be a plausible
event and where such an event would enc(anger people, property or the environment.
Construction shall be substantial, capable of safely and securely containing a sudden
release without discharge. Design criteria shall be performance oriented and
constructed of physically and chemically compatible materials to resist degradation and
provide structural and functional integrity for a period of time reasonably necessary to
ensure detection, mitigation, and repair of the primary system. Regardless of
quantities, spill control and secondary containment shall also comply with Section
5004.2.
Amend Section 5003.2.2.1 of the 2013 California Fire Code to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related
components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained and shall be of
adequate strength and durability to withstand the pressure, structural and seismic
stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail -safe
emergency shutoff valves shall be installed on supply piping and tubing at the
following locations:
a. The point of use.
b. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible accessible and
indicated by means of a sign.
Ordinance No 13 -2115
Page 60
5. Backflow prevention or check valves shall be provided when the backflow of
hazardous materials could create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency
shutoff and excess flow control shall be provided. Where the piping originates from
within a hazardous material storage room or area, the excess flow control shall be
located within the storage room or area. Where the piping originates from a bulk
source, the excess flow control shall be located as close to the bulk source as practical.
Exception:
a. Piping for inlet connections designed to prevent backflow.
b. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills shall be provided for
piping for liquid hazardous materials and for highly toxic and toxic corrosive gases
above threshold quantities listed in Tables 6004.2 and 6004.3. Secondary containment
includes, but is not limited to double walled piping.
Exception:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub- atmospheric conditions if the piping is equipped with an
alarm and fail- safe -to -close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated
gas may be subjected to thermal expansion. Chambers shall be sized to provide
protection for piping and instrumentation and to accommodate the expansion of
regulated materials.
Amend Section 5003.2.2.2 of the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 61
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the material is a
gas, or an approved method of drainage or containment is provided for connections if
the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a
means of egress required to be enclosed in fire - resistance -rated construction or in
concealed spaces in areas not classified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of corridors and
the floor or roof above or in concealed space above other occupancies when installed in
accordance with Section 415.10.6.4 of the California Building Code as required for
Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of 1x10 -9 cubic centimetersi second where practical, or shall pass testing
in accordance with an approved, nationally recognized standard. Tests shall be
conducted by a qualified "third party" not involved with the construction of the piping
and control systems.
Amend Section 5003.3.1 of the 2013 California Fire Code to read as follows:
5003.3.1 Unauthorized Discharges. When hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is release or
a threatened release that presents a threat to health, property or the environment, the
fire code official shall be notified immediately in an approved manner and the
following procedures required in accordance with Sections 5003.3.1.1 through
5003.3.1.4.
Add Section 5003.5.2 to the 2013 California Fire Code to read as follows:
5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous
materials operations shall be labeled with the hazard class of the material being vented
and the direction of flow.
Ordinance No 13 -2115
Page 62
Add Section 5003.5.3 to the 2013 California Fire Code to read as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required
to be identified when there is any possibility of confusion with hazardous materials
transport tubing or piping. Flow direction indicators are required.
Add Sec. 5003.9.11 of the 2013 California Fire Code to read as follows:
5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling or
Using Hazardous Materials. Combustible and non - combustible workstations, which
dispense, handle or use hazardous materials, shall be protected by an approved
automatic fire extinguishing system in accordance with Section 2703.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that
carry NSF /ANSI certification where quantities of flammable liquids in use or storage
within the cabinet do not exceed 500ml.
16.40.365 Storage -Hazardous Materials.
Amend Section 5004.2.1 of the 2013 California Fire Code to read as follows:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest
single vessel by one of the following methods:
1. Liquid -tight sloped or recessed floors in indoor locations or similar areas in
outdoor locations.
2. Liquid -tight floors in indoor locations or similar areas provided with liquid -tight
raised or recessed sills or dikes.
3. Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid -tight seal shall be compatible
with the material stored. When liquid -tight sills or dikes are provided, they are not
Ordinance No 13 -2115
Page 63
required at perimeter openings having an open -grate trench across the opening that
connects to an approved collection system.
Amend Section 5004.2.2 of the 2013 California Fire Code to read as follows:
5004.2.2 Secondary Containment for Hazardous Material Liquids and Solids.
Buildings, rooms or areas used for the storage of hazardous materials liquids or solids
shall be provided with secondary containment in accordance with this section.
Delete Table: 5004.2.2 REQUIRED SECONDARY CONTAINMENT FOR
HAZARDOUS MATERIAL SOLIDS AND LIQUIDS STORAGE
Amend Section 5004.2.2.2 of the 2013 California Fire Code to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from
each other in independent secondary containment systems.
16.40.370 General — Explosives and Fireworks.
Amend Section 5601.1 of the 2013 California Fire Code to read as follows:
5601.1 Scope. For explosives requirements see California Code of Regulations, Title
19, Division 1, Chapter 10 and Section 5601.2 of this Chapter. For fireworks
requirements see California Code of Regulations, Title 19, Division 1, Chapter 6 and
Section 5601.3 of this Chapter. For small arms ammunition, see Section 5601.5 of this
chapter.
Exception:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
4. Items preempted by federal regulations.
Add Section 5601.2 to the 2013 California Fire Code to read as follows:.
5601.2 Explosives. The possession, manufacture, storage, sale, handling, and use of
explosives are prohibited.
Ordinance No 13 -2115
Page 64
Add Section 5601.3 to the 2013 California Fire Code to read as follows:
5601.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exception:
1. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture,
television, theatrical and group entertainment productions and when in accordance
with Title 19 of the California Code of Regulations.
2. Storage, handling and use of pyrotechnic special effects fireworks inside of
buildings when used for proximate audience displays or special effects in theatrical,
television, motion picture and group entertainment productions when in accordance
with Title 19 of the California Code of Regulations and when in buildings equipped
throughout with an approved fire sprinkler system.
Add Section 5601.4 to the 2013 California Fire Code to read as follows:
5601.4 Rocketry. The storage, handling, and use of model rockets shall be in
accordance with Title 19 of the California Code of Regulations and as approved by the
Fire Code Official.
Add Sections 5601.5 through 5601.5.3.2.3 to the 2013 California Fire Code to read as
follows:
5601.5 Small Arms Ammunition - General. Indoor storage and display of black
powder, smokeless propellants and small arms ammunition shall comply with Sections
5601.5.1 through 5601.5.4.2.3.
5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping
containers conforming to DOTn 49 CFR, Part 173.
5601.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black
powder and small arms primers shall not be performed in retail establishments.
5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Ordinance No 13 -2115
Page 65
Exception: Approved repackaging of damaged containers of smokeless propellant
into containers of the same type and size as the original container.
5601.5.2 Storage in Group R occupancies. The storage of small arms ammunition in
Group R occupancies shall comply with Sections 5601.5.2.1 through 5601.5.2.3.
5601.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use in
quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R -3
occupancies where kept in original containers. Smokeless powder in quantities
exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be
stored in Group R -3 occupancies where kept in a wooden box or cabinet having walls of
at least 1 inch (25 mm) nominal thickness.
5601.5.2.2 Black powder. Black powder intended for personal use in quantities not
exceeding 20 pounds (9 kg) are permitted to be stored in Group R -3 occupancies where
kept in original containers and stored in a: wooden box or cabinet having walls of at
least 1 inch (25 mm) nominal thickness
5601.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be
stored in Group R -3 occupancies.
5601.5.3 Display and storage in Group M occupancies. The display and storage of
small arms ammunition in Group M occupancies shall comply with Sections 5601.5.3.1
through 5601.5.3.2.3.
5601.5.3.1 Display. The display of small arms ammunition in Group M occupancies
shall comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3.
5601.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless
propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be displayed
in Group M occupancies.
5601.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be
displayed in Group M occupancies.
5601.5.3.1.3 Small arms primers. No more than 10,000 small arms primers shall be
displayed in Group M occupancies.
Ordinance No 13 -2115
Page 66
5601.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies
shall comply with Sections 5601.5.3.2.1 through 5601.5.3.2.3.
5601.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of smokeless
propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding 20
pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden
boxes having walls of at least 1 inch (25 mm) nominal thickness.
5601.5.3.2.2 Black powder. Commercial stocks of black powder not on display shall
not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine. When
black powder and smokeless propellants are stored together in the same magazine, the
total quantity shall not exceed that permitted for black powder.
5601.5.3.2.3 Small arms primers. Commercial stocks of small arms primers not on
display shall not exceed 750,000. Storage shall be arranged such that not more than
100,000 small arms primers are stored in any one pile and piles are at least 15 feet (4572
mm) apart.
16.40.380 Establishment of limits of districts in which storage of Class I and II
liquids in aboveground tanks is prohibited.
The limits referred to in Section 5704.2.4.4 of the California Fire Code, in which the
storage of flammable or combustible liquids in aboveground tanks is prohibited are
hereby established as all locations of the City of Cupertino that are residential or
congested commercial areas as determined by the Fire Code Official.
16.40.385 Storage — Flammable and Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2013 California Fire Code to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 5704.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Ordinance No 13 -2115
Page 6.7
An approved means or method in accordance with Section 5704.2.9.7.6 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel -
burning equipment inside buildings.
Exception Deleted
Add section 5704.2.7.5.9 to the 2013 California Fire Code to read as follows:
5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the
fire code official, that sends an alarm signal to a constantly attended location and
immediately stops the filling of the tank. The alarm signal and automatic shutoff shall
be tested on an annual basis and records of such testing shall be maintained on -site for a
period of five (5) years.
16.40.390 Establishment of limits of districts in which storage of Class I and II
liquids in outside aboveground tanks is prohibited.
The limits referred to in Section 5704.2.9.6.1 of the California Fire Code, in which the
storage of flammable or combustible' liquids in aboveground tanks is prohibited are
hereby established as all locations of the City of Cupertino that are residential or
congested commercial areas as determined by the Fire Code Official.
16.40.400 Establishment of limits of districts in which the storage of stationary tanks
of flammable cryogenic fluids are to be prohibited.
The limits referred to in Section 5806.2 of the California Fire Code in which the
storage of flammable cryogenic fluids in stationary containers is prohibited are hereby
established as all locations of the City of Cupertino which are residential and congested
commercial areas as determined by the fire code official.
16.40.410 General — Highly toxic and toxic materials.
Add Sec. 6001.3 of the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 68
6001.3 Moderately Toxic Gases With a LCso Equal To Or Less Than 3000 Parts Per
Million. Notwithstanding the hazard class definition in Section 6002, moderately toxic
gases with an LC so less than 3000 parts per million shall additionally comply with the
requirements for toxic gases in Section 6004 of this code.
16.40.430 Highly toxic, toxic and moderately toxic gases including those used as
refrigerants.
Add Section 6004.1.4 to the 2013 California Fire Code to read as follows:
6004.1.4 Automatic Shut -Off Valve. An automatic shut -off valve, which is of a fail -safe
to close design, shall be provided to shut off the supply of highly toxic gases for any of
the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
Add Section 6004.1.5 to the 2013 California Fire Code to read as follows:
6004.1.5 Emergency Control Station. Signals from emergency equipment used for
highly toxic gases shall be transmitted to an emergency control station or other
approved monitoring station, which is continually staffed by trained personnel.
Add Section 6004.1.6 to the 2013 California Fire Code to read as follows:
6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities
exceeding the maximum threshold quantity in a single vessel per control area or
outdoor control area shall comply with the additional requirements for highly toxic
gases of Section 6004 of this code.
Moderately toxic gases stored or used in quantities exceeding the maximum threshold
quantity in a single vessel per control area or outdoor control area shall comply with the
additional requirements for toxic gases of Section 6004 of this code
Ordinance No 13 -2115
Page 69
Add Section 6004.1.7 to the 2013 California Fire Code to read as follows:
6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles
containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall
be equipped with a reduced flow valve when available. If a reduced flow valve is not
available, the container shall be used with a flow - limiting device. All flow limiting
devices shall be part of the valve assembly and visible to the eye when possible;
otherwise, they shall be installed as close as possible to the cylinder source.
Add Section 6004.1.8 to the 2013 California Fire Code to read as follows:
6004.1.8 Fire Extinguishing Systems. Buildings and covered exterior areas -for storage
and use areas of materials regulated by this Chapter shall be protected by an automatic
fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system
for any room or area where highly toxic, toxic and moderately toxic gases are stored,
handled or used shall be in accordance with Section 5004.5.
Add Section 6004.1.9 to the 2013 California Fire Code to read as follows:
6004.1.9 Local Gas Shut Off. Manual activation controls shall be provided at locations
near the point of use and near the source, as approved by the fire code official. The fire
code official may require additional controls at other places, including, but not limited
to, the entry to the building, storage or use areas, and emergency control stations.
Manual activated shut -off valves shall be of a fail - safe -to -close design.
Add Section 6004.1.10 to the 2013 California Fire Code to read as follows:
6004.1.10 Exhaust Ventilation Monitoring. For highly toxic' gases and toxic gases
exceeding threshold quantities, a continuous monitoring system shall be provided to
assure that the required exhaust ventilation rate is maintained. The monitoring system
shall initiate a local alarm. The alarm shall be both visual and audible and shall be
designed to provide warning both inside and outside of the interior storage, use, or
handling area.
Add Section 6004.1.11 to the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 70
6004.1.11 Emergency Response Plan. If the preparation of an emergency response plan
for the facility is not required by any other law, responsible persons shall prepare, or
cause to be prepared, and filed with the fire code official, a written emergency response
plan. If the preparation of an emergency response plan is required by other law, a
responsible person shall file a copy of the plan with the fire code official.
Add Section 6004.1.12 to the 2013 California Fire Code to read as follows:
6004.1.12 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon
delivery and again immediately prior to departure. Testing shall be approved by the
fire code official in accordance with appropriate nationally recognized industry
standards and practices, if any. Appropriate remedial action shall be immediately
undertaken when leaks are detected.
Add Section 6004.1.13 to the 2013 California Fire Code to read as follows:
6004.1.13 Inert Gas Purge System. Gas systems shall be provided with dedicated inert
gas purge systems. A dedicated inert gas purge system may be used to purge more than
one gas, provided the gases are compatible. Purge gas systems inside buildings shall be
located in an approved gas cabinet unless the system operates by vacuum demand.
Add Section 6004.1.14 to the 2013 California Fire Code to read as follows:
6004.1.14 Seismic Shutoff Valve. An automatic seismic shut -off valve, which is of a
fail -safe to close design, shall be provided to shutoff the supply of highly toxic, toxic
and moderately toxic gases with an LC50 less than 3000 parts per million upon a seismic
event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration
of 03G (1.47m /sec2) and a period of 0.4 seconds.
Amend Section 6004.2 of the 2013 California Fire Code to read as follows:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1
through 6004.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately
toxic gases for indoor storage and use are set forth in Table 6004.2.
Add Table 6004.2 to the 2013 California Fire Code to read as follows:
Ordinance No 13 -2115
Page 71
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Storage and Use
Highly Toxic
0
Toxic
10 cubic feet
Moderately Toxic
20 cubic feet
Amend Section 6004.2.1 of the 2013 California Fire Code to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage
and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set
forth in Sections 6004.2.1.1 through 6004.2.1.3.
Amend Sec. 6004.2.1.1 of the 2013 California Fire Code to read as follows:
6004.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control
Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in
amounts exceeding the maximum allowable quantity per control area set forth in Table
6004.2 shall be in accordance with Sections 5001, 5003, 6001, 6004.1 and 6004.2.
Amend Sec. 6004.2.2 of the 2013 California Fire Code to read as follows:.
6004.2.2 General Indoor Requirements. The general requirements applicable to the
indoor storage and use of highly toxic and toxic compressed gases shall be in
accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.
Moderately toxic gases with an LC50 less than 3000 parts per million shall comply with
the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.3.
All other moderately toxic gases exceeding the threshold quantity shall comply with the
requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.
Amend Sec. 6004.2.2.7 of the 2013 California Fire. Code to read as follows:
6004.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms and local exhaust systems required in Section 6004.2.2.4 and
6004.2.2.5 shall be directed to a treatment system. The treatment system shall be
utilized to handle the accidental release of gas and to process exhaust ventilation. The
treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through
6004.2.2.7.5 and Section 510 of the California Mechanical Code.
Ordinance No 13 -2115
Page 72
Exceptions:
1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is
not required for cylinders, containers and tanks in storage when all of the
following are provided:
1.1. Valve outlets are equipped with gas -tight outlet plug or caps.
1.2. Hand wheel - operated valves have handles secured to prevent movement.
1.3. Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
Amend 6004.2.2.10.2 of the 2013 California Fire Code to read as follows:
6004.2.2.10.2. Alarms. The gas detection system shall initiate a local alarm and transmit
a signal to a constantly attended control station when a short -term hazard condition is
detected. The alarm shall be both visual and audible and shall provide warning both
inside and outside the area where the gas is detected. The audible alarm shall be
distinct from all other alarms.
Amend Section 6004.3 of the 2013 California Fire Code to read as follows:
6004.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 6004.3.1
through 6004.3.4. The threshold quantity for highly toxic, toxic and moderately toxic
gases for outdoor storage and use are set forth in Table 6004.3.
Add Table 6004.3 of the 2013 California Fire Code to read as follows:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for
Outdoor Storage and Use
Highly Toxic
0
Toxic
10 cubic feet
Moderately Toxic
20 cubic feet
Amend Section 6004.3.1 of the 2013 California Fire Code to read as follows:
6004.3.1 Applicability. The applicability of regulations governing the outdoor storage
and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set
forth in Sections 6004.3.1.1 through 6004.3.1.3.
Ordinance No 13 -2115
Page 73
Amend Section 6004.3.1.1 of the 2013 California Fire Code to read as follows:
6004.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control
Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding
the threshold quantity per control area set forth in Table 6004.3 shall be in accordance
with Sections 5001, 5003, 6001, 6004.1, and 6004.3.
Moderately toxic gases with an LC50 less than 3000 parts per million in amounts
exceeding the threshold quantity in Table 6004.3 shall comply with the requirements for
toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table 6004.3
shall comply with the requirements for toxic gases in Sections, 5003, 6001, 6004.1 and
6004.3.2.1 through 6004.3.2.5.
Amend Section 6004.3.3 of the 2013 California Fire Code to read as follows:
6004.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders.
Weather protection in accordance with Section 5004.13 shall be provided for
portable tanks and cylinders located outdoors and not within gas cabinets or
exhausted enclosures. The storage area shall be equipped with an approved
automatic sprinkler system in accordance with Section 5004.5.
16.40.435 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
The limits referred to in Section 6104.2 of the California Fire Code, in which storage of
liquefied petroleum gas is restricted, are hereby established as all locations of the City
of Cupertino that are residential or congested commercial areas.
Exception: LPG may be used for industrilil operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and /or
cooking uses may be permitted if stored and handled in accordance with this code.
Facilities in commercial areas for refueling portable or mobile LGP containers may be
approved by the fire code official on a case by case basis.
16.40.440 Use Silane Distribution systems automatic shutdown.
Ordinance No 13 -2115
Page 74
Add Section 6405.3.1 to the 2013 California Fire Code to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems
shall automatically shut down at the source upon activation of the gas detection system
at levels above the alarm level and /or failure of the ventilation system for the silane
distribution system.
SECTION 20. The Title of Chapter 16.54 of Title 16 of the Cupertino Municipal Code is
hereby amended to read as follows:
CHAPTER 16.54: ENERGY CODE
SECTION 21. Section 16.54.010 of Chapter 16.54 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.54.010 Code Adoption.
The provisions of the 2013 California Energy Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
SECTION 22. All other provisions of Chapter 16.54 of Title 16 of the Cupertino
Municipal Code remain unchanged.
SECTION 23. The Title of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is
hereby amended to read as follows:
CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED
Ordinance No 13 -2115
Page 75
SECTION 24. Section 16.58.010 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.58.010 Code Adoption.
The provisions of the 2013 California Green Building Standards Code and each and all
of the regulations, provisions, conditions and terms of the code is referred to as if fully
set forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942(d)(1) and is made available for public
inspection.
SECTION 25. Section 16.58.015 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows::
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2013 California Green Building Standards Code have
been adopted.
SECTION 26. Section 16.58.040 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.58.040 Local Amendments.
The following provisions of` this Chapter shall constitute local amendments to the
cross - referenced provisions of the 2013 California Green Building Standards Code and
shall be deemed to amend the cross - referenced sections of said Code with the respective
provisions set forth in this Chapter.
Ordinance No 13 -2115
Page 76
SECTION 27. Section 16.58.100 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby amended to read as follows:
16.58.100 Section 101.10- Amended.
Amend Section 101.10 to read as follows:
101.10 Mandatory requirements. This code contains mandatory green building
measures. In addition, this Chapter contains required minimum green building
measures as amended by the City of Cupertino. All new buildings and structures,
additions, renovations and tenant improvements subject to requirements in Table 101.10
shall comply with the mandatory measures of the 2013 California Green Building
Standards Code as adopted by the state in addition to local amendments included in
this code, regardless of height or number of stories, unless specifically exempted by this
code.
SECTION 28. All other provisions of Chapter 16.58 of Title 16 of the Cupertino
Municipal Code remain unchanged.
INTRODUCED at a regular meeting of the Cupertino City Council the 4th day of
November 2013 and ENACTED at a regular meeting of the Cupertino City Council on
this 19th of November 2013 by the following vote:
Vote Members of the City Council
AYES:
Mahoney, Wong, Chang, Santoro, Sinks
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
�ec'.e X 0 I 1 —LZ —l3
Grace Schmidt,
City Clerk
APPRIOVIV
� 10-1A
Orrin Mahoney
Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California; do hereby certify the attached
to be a true and correct copy of Ordinance No. 13 -2115, which was
enacted on November 19, 2013, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 20th day of November, 2013.
GRACE SCHMIDT; City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate