CC Ordinance No. 22-2245 Building CodesORDINANCE NO. 22-2245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.28, 16.32, 16.40,
16.42, 16.54, 16.58, 16.62, 16.64 AND 16.68, OF TITLE 16 OF THE CUPERTINO
MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL,
ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING
CODE, FIRE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS
CODE, REFERENCED STANDARDS CODE, UNIFORM HOUSING CODE, AND
PROPERTY MAINTENANCE CODE, WITH CERTAIN EXCEPTIONS, DELETIONS,
MODIFICATIONS, ADDITIONS AND AMENDMENTS
WHEREAS, pursuant to Sections 17922, 17958, 17958 .5, 17958.7, 17958 .11, and 18941.5 of
the California Health and Safety Code, the City of Cupertino may adopt the provisions
of the 2022 California Administrative Code (Part 1 of Title 24), 2022 California Building
Code (Part 2 of Title 24, based on the 2021 International Building Code), the 2022
California Residential Code (Part 2.5 of Title 24 based on the 2021 International
Residential Code), the 2022 California Electrical Code (Part 3 of Title 24 based on the 2020
National Electrical Code), The 2022 California Mechanical Code (Part 4 of Title 24 based
on the 2021 Uniform Mechanical Code), the 2022 California Plumbing Code (Part 5 of
Title 24 based on the 2021 Uniform Plumbing Code), the 2022 California Energy Code
(Part 6 of Title 24), the 2022 California Historical Building Code (Part 8 of Title 24), the
2022 California Fire Code (Part 9 of Title 24), the 2022 California Existing Building Code
(Part 10 of Title 24 based on the 2021 International Existing Building Code), the 2022
California Green Building Standards Code (Part 11 of Title 24), the 2022 California
Referenced Standards Code (Part 12 of Title 24) 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 Cotmcil 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 such findings are
incorporated by reference; and
WHEREAS, in addition to those findings set fo r th in the provisions of the Cupertino
Mtmicipal Code, the City Cotmcil adopted a resolution making factual findings with
Ordinance No. 22-2245
Page 2
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 adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults rtm
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;
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
s ubstantially 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 temperah1res
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 struchual integrity of the buildings in the event of a seismic incident
and provide other protections to protect against the increased risk of fire.
Ordinance No. 22-2245
Pa g e 3
WHEREAS, a copy of all of the Codes to be incorporated by reference into this Ordinance
were made available prior to the adoption of this Ordinance as required by law;
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 tmder CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1: Adoption.
The Cupertino Mtm:icipal Code is hereby amended as set forth in Attachment A .
SECTION 2: Severability and Continuity.
The City Cotmcil declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Cotmcil declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated . To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Mtmicipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
Ordinance No. 22-2245
Page 4
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, "CEQA") because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is fotmd to be a project tmder CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action would have
no or only a de mini.mis effect on the environment. The Ordinance is also exempt from
CEQA tmder CEQA Guidelines section 15308, because it is a regulatory action for the
protection of the environment. The foregoing determination is made by the City Co1mcil
in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council this 18 th day
of October, 2022; and
ENACTED at a regular meeting of the Cupertino City Cotmcil this 1st day of
November, 2022, by the following vote:
Members of the City Cotmcil
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul, Chao, Moore, Wei, Willey
None
None
None
Ordinance No. 22-2245
Pages
SIGNED:
L2c ~ ~
~arcyPaS::
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
ch-~ D. jffl,fftt,
Christopher D. Jensen, City Attorney
11/'-(/zoz.:2.
Date
Date
Nov 3, 2022
Date
11/4/22
Ordinance No. 22-2245
Page 6
Chapter 16.02 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.02 to be entitled, numbered, and to read as follows:
CHAPTER 16.02: ADMINISTRATIVE CODE
A The provisions of the 2022 California Administrative 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.
B. 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 and are made available for public
inspection.
CHAPTER 16.04: BUILDING CODE
Section
16 .04 .010 Adoption of the 2022 California Building Code, Volumes 1 and 2, based on
the 2021 International Building Code, Volumes 1 and 2.
16.04.015 Adoption of Appendix Chapters.
16.04.040 Section 104 -Duties and Powers of Building Official.
16 .04 .050 Section 105 -Permits.
16 .04 .060 Section 107 -Submittal Documents.
16.04 .070 Responsibility of permittee.
16 .04.080 Section 109 -Fees .
16 .04.090 Section 110 -Inspections.
16 .04.100 Section 111-Certificate of occupancy.
16.04.110 Section 113 -Means of Appeals.
16.04.120 Section 114 -Violations.
16.04.130 Section 115 -Stop work order.
16.04.220 Chapter 5 -General Building Heights and Areas.
16.04 .240 Chapter 7 A -Materials and Construction Methods for Exterior Wildfire
Exposure.
16 .04.260 Chapter 9 -Fire Protection and Life Safety Systems.
16.04.300 Chapter 15 -Roof Assemblies and Rooftop Structures .
16 .04 .320 Chapter 17 -Special Inspection and Tests .
16.04.340 Chapter 19 -Concrete.
16.04.360 Chapter 23-Wood.
16.04.380 Section 3109 -Swimming Pool Enclosures and Safety Devices.
Ordinance No. 22-2245
Page7
16.04.010 Adoption of the 2022 California Building Code, Volumes 1 and 2, based on the
2021 International Building Code, Volumes 1 and 2.
A. Except as otherwise provided in this chapter, the provisions of the 2022 California
Building Code, Volumes 1 and 2 inclusive, and specified Appendices and each and
all of the regulations, provisions, conditions and terms of the code is referred to as if
fully set forth in this chapter, except such portions as a.re hereinafter deleted,
modified or amended by this ordinance, and is by such adop ted by reference.
B. One (1) copy of ea.ch volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 and a.re made available for
public inspection.
16.04.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 California. Building Code are hereby
adopted.
Appendix C: Group U -Agricultural Buildings;
Appendix F: Rodentproofing;
Appendix G: Flood-Resistant Construction;
Appendix I: Patio Covers;
California Code Pa.rt 8: 2022 California. Historical Building Code;
California. Code Pa.rt 10 : 2022 California Existing Building Code;
California. Code Part 12: 2022 California Referenced Standards Code
16.04.040 Section 104 -Duties and Powers of Building Official.
Amend and Adopt Section [A] 104 of the 2022 California. Building Code as follows :
[A] 104.1 General. The Building Official is hereby authorized and directed to enforce
the provisions of this title. The Building Official shall have the authority to render
interpretations of the codes identified in this title and to adopt policies and procedures
in order to clarify the application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose for each code. Such
policies and procedures shall not have the effect of waiving requirements specifically
provided for in the code.
Ordinance No. 22-2245
Page 8
[A] 104.2 Applications and permits. The Building Official shall receive applications,
review construction documents and issue permits for the erection, and alteration,
demolition and moving of buildings and structures, inspect the premises for which such
permits have been issued and enforce compliance with the provisions of this code.
[A] 104.2.1 Determination of substantially improved or substantially damaged
existing building and structures in flood hazard areas. For application for
reconstruction, rehabilitation, repair, alteration, addition or other improvement of
existing buildings or structures located in flood hazard areas, the building official
shall determine the proposed work constitutes substantial improvement or repair of
substantial damage. Where the building official determines that the proposed work
constih1tes substantial improvement or repair of substantial damage, and where
required by this code, the building official shall require the building to meet the
requirements of Section 1612 or Section R322 of the California Residential Code, as
applicable.
[A] 104.3 Notices and orders. The Building Official shall issue all necessary notices
or orders to ensure compliance with this code.
[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 Building 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.
[A] 104.5 Identification. The Building Official shall carry proper identification
when inspecting structures or premises in the performance of duties under this code.
[A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or where the Building Official has reasonable cause to believe
that there exists in a structure or upon a premises a condition which is contrary to or in
violation of this code which makes the structure or premises unsafe, dangerous or
hazardous, the Building Official is authorized to enter the struchue or premises at
reasonable times to inspect or to perform the duties imposed by this code, provided that
if such struch1re or premises be occupied that credentials be presented to the occupant
and entry requested. If such struchue or premises is unoccupied, the Building Official
shall first make a reasonable effort to locate the owner or other person having charge or
O r dinance No. 22-2245
Pa ge 9
control of the structure or premises and request entry. I£ entry is refused, the Building
Official shall have recourse to the remedies provided by law to secure entry.
[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 .
[A] 104.8 Liability. The Building Official, member of the board of appeals or
employee charged with the enforcement of this code, while acting for the jurisdiction in
good faith and without malice in the discharge of the duties required by this code or
other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable
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.
[A] 104.8.1 Legal defense . Any suit or criminal complaint 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 instih1ted in pursuance of the provisions of this code.
[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.
[A] 104.9.1 Used materials and equipment. The use of used materials which meet
the requirements of this code for new materials is permitted. Used equipment and
devices shall not be reused unless approved by the Building Official.
[A] 104.10 Modifications. Wherever there are practical difficulties involved in
carrying out the provisions of this code, the Building Official shall have the authority to
grant modifications for individual cases, upon application of the owner or owner's
representative, provided the Building Official shall first find that special individual
reason makes the strict letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and that such modification does not
lessen health, accessibility, life and fire safety, or structural requirements. The details of
action granting modifications shall be recorded and entered in the files of the
department.
Ordinance No. 22-2245
Page 10
[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 alternative meets all of the following:
L The alternative material, design or method of construction is satisfactory and
complies with the intent of the provisions of this code,
2. The material, method or work offered is, for the purpose intended, not less than
the equivalent of that prescribed in this code as it pertains to the following:
2.1. Quality.
2.2. Strength.
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability.
2.6. Safety.
Where the alternative material, design or method of construction is not approved, the
Building Official shall respond in writing, stating the reasons why the alternative was
not approved.
[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.
[A] 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the
provisions of this code, or evidence that a material or method does not conform to
the requirements of this code, or in order to substantiate claims for alternative
materials or methods, the building official shall have the authority to require tests as
evidence of compliance to be made without expense to the jurisdiction. Test methods
shall be as specified in this code or by other recognized test standards. In the absence
of recognized and accepted test methods, the building official shall approve the
testing procedures. Tests shall be performed by an approved agency. Reports of such
tests shall be retained by the building official for at least the period required for
retention of public records.
16.04.050 Section 105 -Permits.
Adopt Section [A] 105 of the 2022 California Building Code as follows:
Ordinance No. 22-2245
Page 11
[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 struchue,
or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or
to cause any such work to be performed, shall fir s t make application to the Building
Official and obtain the required permit.
[A] 105.2 Work exempt from permit. Exemptions from permit requirement of this
code shall not be deemed to grant authorization for any work to be done in any manner
in vio lation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than 120
square feet (11 m 2). It is permissible that these structures still be regulated by
Section 710A, despite exemption from permit.
2. Fences not over 7 feet (2134 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the
bottom of the foo tin g to the top of the wall, unless supporting a surd1arge or
impotmding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000
gallons (18,925 L) and the ratio of height to diameter or width is not greater than
2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion pichue, television and theater stage sets and scene1y.
9 . Prefabricated swimming pools accessory to a group R-3 occupancy that are less
than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and
are installed entirely about grotmd.
10. Shade cloth struchues constructed for nursery or agricultural purposes, not
including service systems.
11. Swing and other playgrow1d equipment accessory to detached one-and two-
family dwellings .
Ordinance No. 22-2245
Page 12
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1372 mm) from the exterior wall
and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or
the connection of approved portable electrical equipment to approved permanently
installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not
apply to electrical equipment used for radio and television transmissions, but do
apply to equipment and wiring for a power supply and the installation of towers and
antennas.
Temporary testing systems: A permit shall not be required for the installations of
any temporary system required for the testing or servicing of electrical equipment or
apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
Mechanical:
1. Portable heating appliance .
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any ·heating or cooling equipment
regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 po1mds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided,
however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to remove and replace the same
with new material, such work shall be considered as new work and a permit
shall be obtained and inspection made as provided in this code.
Ordinance No. 22-2245
Page 13
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures
and the removal and reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of valves, pipes or fixtures.
[A] 105.2.1 Emergency repairs. Where equipment replacements and repairs
must be performed in an emergency situation, the permit application shall be
submitted within the next working business day to the building official.
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the City for that purpose. Such
application shall:
1. Identify and describe the work to be covered by the permit for which application
is made.
2. Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify and
definitely locate the proposed building or work.
3. Indicate the use and occupancy for whid1 the proposed work is intended.
4. Be accompanied by construction documents and other information as required
in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
[A] 105.3.1 Action on application. The building official shall examine or cause to
be examined applications for permits and amendments thereto within a reasonable
time after filing. If the application or the construction documents do not conform to
the requirements of pertinent laws, the building official shall reject such application
in writing, stating the reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code and laws and ordinances
applicable thereto, the building official shall issue a permit therefor as soon as
practicable.
[A] 105.3.2 Time 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.
Ordinance No. 22-2245
Page 14
[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.
[A] 105.5 Expiration. On or after January 1, 2019, every permit issued shall become
invalid tmless the work on the site authorized by such permit is commenced within 12
months after its issuance, or if the work authorized on the site by such permit is
suspended or abandoned for a period of 12 months after the time the work is
commenced. The Building Official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing an.d justifiable cause demonstrated.
[A] 105.6 Suspension or revocation. The Building Official is authorized to suspend
or revoke a permit issued tmder 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.
[A] 105.7 Placement of permit. The Job Card or copy shall be posted at a location
visible from the street frontage on site of the building or structure being permitted and is
not to be removed tmtil building final.
16.04.160 Section 107 -Construction Documents.
Adopt Section [A] 107 of the 2022 California Building Code as follows:
[A] 107.1 General. Submittal documents consisting of construction documents,
statement of special inspections, geotechnical report and other data shall be submitted
in digital format with each permit application. The construction document shall be
prepared by a registered design professional where required by the building official.
Where special conditions exist, the building official is authorized to require additional
construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
Ordinance No. 22-2245
Pa ge 15
professional if it is fotmd that the nature of the work applied for is such that the review
of construction documents is not necessary to obtain compliance with this code.
[A] 107.2 Construction documents. Construction documents shall be in accordance
with Sections 107.2.1 through 107.2.8.
[A] 107.2.1 Information on Construction Documents. Construction
documents shall be dimensioned and drawn on suitable material. Electronic media
documents are permitted to be submitted where approved by the building
official. Construction documents shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of this code and relevant laws, ordinances, rules and
regulations, as determined by the building official.
[A] 107.2.2 Fire Protection System Shop Drawings. Shop drawings for the fire
protection system(s) shall be submitted to indicate conformance to this code and
the construction documents and shall be approved prior to the start of system
installation. Shop drawings shall contain all information as required by the
referenced installation standards in Chapter 9.
[A] 107.2.3 Means of Egress. The construction documents shall show in sufficient
detail the location, construction, size and character of all portions of the means of
egress including the path of the exit discharge to the public way in compliance with
the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1,
the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
[A] 107.2.4 Exterior Wall Envelope. Construction documents for all buildings
shall describe the exterior wall envelope in sufficient detail to determine compliance
with this code. The construction documents shall provide details of the exterior wall
envelope as required, including flashing, intersections with dissimilar materials,
corners, end details, control joints, intersections at roo( eaves or parapets, means of
drainage, water-resistive membrane and details around openings.
The construction documents shall include manufachirer's installation instructions
that provide supporting documentation that the proposed penetration and opening
details described in the construction documents maintain the weather resistance of
the exterior wall envelope. The supporting documentation shall fully describe
the exterior wall system that was tested, where applicable, as well as the test
procedure used.
Ordinance No. 22-2245
Page 16
[A] 107.2.5 Exterior Balconies and Elevated Walking Surfaces. Where balconies
or other elevated walking surfaces are exposed to water from direct or blowing rain,
snow, or irrigation, and the structural framing is protected by an impervious
moishire barrier, the construction documents shall include details for all elements of
the impervious moisture barrier system. The construction documents shall include
manufacturer's installation instructions.
[A] 107.2.6 Site Plan. The construction documents submitted with the application
for permit shall be accompanied by a site plan showing to scale the size and location
of new construction and existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades and, as applicable, flood
hazard areas, floodways, and design flood elevations; and it shall be drawn in
accordance with an accurate boundary line survey. In the case of demolition,
the site plan shall show construction to be demolished and the location and size
of existing struchues and construction that are to remain on the site or plot.
The building official is authorized to waive or modify the requirement for a site plan
where the application for permit is for alteration or repair or where otherwise
warranted.
[A] 107.2.6.1 Design Flood Elevations. Where design flood elevations are not
specified, they shall be established in accordance with Section 1612.3.1.
[A] 107.2.7 Structural Information. The construction documents shall provide the
information specified in Section 1603.
[A] 107.2.8 Relocatable Buildings. Construction documents for relocatable
buildings shall comply with Section 3112.
[A] 107.3 Examination of documents. The building official shall examine or cause to
b e examined the accompanying submittal documents and shall ascertain by such
examinations whether the construction indicated and described is in accordance with the
requirements of this code and other pertinent laws or ordinances.
[A] 107.3.1 Approval of construction documents. When the building official
issues a permit, the construction documents shall be approved, in writing or by
stamp, as "Reviewed for Code Compliance". It shall be the responsibility of the owner
or owner's representative to obtain a hard-copy of the approved plans and
documents which shall be kept at the site of work and shall be open to inspection by
the building official or a duly authorized representative.
Ordinance No. 22-2245
Page 17
[A] 107.3.2 Previous approvals. This code shall not require changes in the
construction documents, construction or designated occupancy of a structure for
which a lawful permit has been heretofore is s ued or otherwise lawfully authorized,
and the construction of which has been pursued in good faith within 180 days after
the effective date of this code and has not been abandoned.
[A] 107.3.3 Phased approval. The building official is authorized to issue a permit
for the construction of foundations or any other part of a building or structure before
the construction documents for the whole building or struchue have been submitted,
provided that adequate information and detailed statements have been filed
complying with pertinent requirements of this code. The holder of such permit for
the fotmdation or other parts of a building or structure shall proceed at the holder's
own risk with the building operation and without assurance that a permit for the
entire structure will be granted.
[A] 107.3.4 Design professional in responsible charge. Where it is required that
documents be prepared by a registered design professional, the building official shall
be authorized to require the owner or the owner's authorized agent to engage and
designate on the building permit application a registered design professional who
shall act as the registered design professional in responsible charge. If the
circumstances require, the owner or the owner's authorized agent shall designate a
substih1te registered design professional in responsible charge who shall perform the
duties required of the original registered design professional in responsible charge.
The building official shall be notified in writing by the owner or the owner's
authorized agent if the registered design professional in responsible charge is
changed or is tmable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for
reviewing and coordinating submittal documents prepared by others, including
phased and deferred submittal items, for compatibility with the design of the
building.
[A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have
the p r ior approval of the building official. The registered design professional in
responsible charge shall list the deferred submittals on the construction
documents for review by the building official.
Documents for deferred submittal items shall be submitted to the registered
design professional in responsible charge who shall review them and forward
them to the building official with a notation indicating that the deferred submittal
Ordinance No. 22-2245
Page 18
documents have been reviewed and found to be in general conformance to the
design of the building. The deferred submittal items shall not be installed until
the deferred submittal document have been approved by the building official.
[A] 107.4 Amended construction documents. Work shall be installed in accordance
with the approved construction documents, and any changes made during construction
that are not in compliance with the approved construction shall be submitted for
approval as an amended set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than required
by the approved City's document retention plan.
16.04.070 Responsibility of permittee.
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.
16.04 .080 Section 109 -Fees.
Fees shall be paid to the city as set forth in the latest resolution adopted by the city.
16.04.090 Section 110 -Inspections.
Amend and Adopt Section [A] 110 of the 2022 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 vio lation of the provisions of
any of the codes or amendments specified in this title . It shall be the duty of the permit
applicant to cause the work to remain accessible and exposed for inspection purposes.
Neither the Building Official nor the City of Cupertino shall be liable for expense entailed
in the removal or replacement of any material required to allow inspections.
Ordinance No. 22-2245
Page 19
[A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is
authorized to examine or cause to be examined buildings, struchires and sites for which
an application has been filed .
[A] 110.3 Required inspections. The Building Official, upon notification, shall make
the inspections set forth in Section 110.3.1 through 110.3 .11.
[A] 110.3.1 Footing and Foundation Inspection. Footing and foundation
inspections shall be made after excavations for foot:iJ.1.gs are complete and any
required reinforcing steel is in place. For concrete foundations, any required
forms shall be in place prior to inspection. Materials for the fotmdation shall be
on the job, except where concrete is ready mixed in accordance with ASTM C94 ,
the concrete need not be on the job.
[A] 110.3.2 Concrete Slab and Under-Floor Inspection. Concrete slab and
tmder-floor inspections shall be made aft er in-slab or tmder-floor reinforcing steel
and building servic e equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor sheathing
installed, including the subfloor.
[A] 110.3.3 Lowest Floor Elevation. In flood hazard areas, upon placement
of the lowest floor, including the basement, and prior to further vertical
construction, the elevation certifi cation required in Section 1612.4 shall be
submitted to the building official.
[A] 110.3.4 Frame Inspection. Framing inspections shall be made after
the roof deck or sheathing, all framing, fire-blocking and bracing are in place and
pipes, chimneys and vents to be concealed are complete and the rough electrical,
plumbing, heating wires, pipes and ducts are approved.
[A] 110.3.4 .1 Moisture Content Verification. Moish1re content of framing
members shall be verified in accordance with the California Green Building
Standards Code (CALGreen), Chapter 4, Division 4.5.
[A] 110.3.5 Lath, Gypsum Board and Gypsum Panel Product Inspection.
Lath, gypsum board and gypsum panel product inspections shall be made after
lathing, gypsum board and gypsum panel products, interior and exterior, are in
place, but before any plastering is applied or gypsum board and gypsum panel
product joints and fasteners are taped and fini shed.
Ordinance No. 22-2245
Page 20
Exception: Gypsum board and gypsum panel products that are not part of a fire-
resistance-rated assembly or a shear assembly.
[A] 110.3.6 Weather-Exposed Balcony and Walking Surface Waterproofing.
Where balconies or other elevated walking surfaces are exposed to water from
direct or blowing rain, snow or irrigation, and the structural framing is protected
by an impervious moisture barrier, all elements of the impervious moishu-e
barrier system shall not be concealed until inspected and approved.
Exception: Where special inspections are provided in accordance with Section
1705.1.1, Item 3.
[A] 110.3.7 Fire-and smoke-resistant penetrations. Protection of joints and
penetrations in fire-resistance-rated assemblies, smoke barriers and smoke
partitions shall not be concealed from view tmtil inspected and approved.
[A] 110.3.8 Energy efficiency inspections. Inspections shall be made to
determine compliance with Chapter 13 and shall include, but not be limited to,
inspection for: envelope insulation R-and U-values, fenestration U-value, duct
system R-value, and HV AC and water-heating equipment efficiency.
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of
approved inspection agencies, provided such agencies satisfy the requirements as to
qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit
or their duly authorized agent to notify the building official when work is ready for
inspection. It shall be the duty of the permit holder to provide access to and means for
inspection of such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in
each successive inspection without firs t obtaining the approval of the building official.
The building official, upon notification, shall make the requested inspections and shall
either indicate the portion of the construction that is satisfact01y as completed, or notify
the permit holder or his or her agent wherein the same fails to comply with this code.
Any portions that do not comply shall be corrected and such portion shall not be covered
or concealed until authorized by the building official
Ordinance No. 22-2245
Pa ge 21
16.04.100 Section 111 -Certificate of Occupancy.
Adop t Section [A] 111 of the 2022 California Building Code as follows:
[A] 111.1 Use and occupancy. A building or structure shall not be used or occupied,
and no change in the existing occupancy classification of a building or struchlie or
portion thereof shall be made, 1.mtil the Building Official has issued a certificate of
occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not
be construed as an approval of a violation of any provision of this code or any ordinance
of the City of Cupertino . Certificates presuming to give authority to violate or cancel the
provisions of this code or o ther ordinances of the City of Cupertino shall not be valid.
[A] 111.2 Certificate issued. After the Building Official inspects the building or
st ruchlie and finds no violations of the provisions of thi s code or other laws that are
enforced by the Building Department, the Building Official may issue a certificate of
occupancy that contains the following:
1. The building permit number.
2. The address of the building or struchu-e.
3. The name and address of the owner.
4. A description of that portion of the structme for which the certificate is issued.
5. A statement that the described portion of the struchlie 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. Where an automatic sprinkler system is provided, whether the sprinkler system
is required.
12. Any special stipulations and conditions of the building permit.
[A] 111.3 Temporary occupancy. The Building Official is authorized to issue a
temporary certificate of occupancy before the completion of the entire work covered by
the permit, provided that such portion of portions shall be occupied safely. The Building
Official shall set a time period during which the temporary certificate of occupancy is
valid.
Ordinance No. 22-2245
Page 22
[A] 111.4 Revocation. The Building Official is authorized to suspend or revoke a
certificate of occupancy or completion issued under the provisions of this code, in
writing, wherever the certificate is issued in error, or on the basis of incorrect information
supplied, or where it is d e termined that the building or s tructure or portion thereof is in
violation of the provisions of this code or other ordinance of the City of Cupertino.
16.04.110 Section 113 -Means of Appeals.
Amend and Adopt Section [A] 113 of the 2022 California Building Code and amend
to read as follows:
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to application and interpretation of
this code, there shall be and is hereby created a board of appeals. The board of appeals
shall be appointed by the applicable governing authority and shall hold office at its
pleasure. The board shall adopt rules of procedure for conducting its business and shall
render all decisions and finding in writing to the appellant with a duplicate copy to the
Building Official. In the event where no such board of appeals has been established, the
City Cotmcil shall serve as said appeals board.
[A] 113.2 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better form of construction is proposed. The board shall not have authority to waive
requirements of this code.
[A] 113.3 Qualifications for Board of Appeals. The Board shall consist of members
who are qualified by experience and training to pass on matters pertaining to building
construction and are not employees of the City of Cupertino.
[A] 113.4 Qualifications for Board of Appeals relative to Accessibility matters. Two
members of the board of appeals shall be physically handicapped persons, two members
shall be persons experienced in construction, and one member shall be a public member
for matters relative to application and interpretation of accessibility matters of the code.
[A] 113.5 Administration. The building official shall t ake immediate action in
accordance with the decision of the board.
Ordinance No. 22 -2245
Page 23
16.04.120 Section 114 -Violations.
Amend and Adopt Section [A] 114 of the 2022 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 .
[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,
ex tension, 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 tmder 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.
16.04.130 Section 115 -Stop Work Order.
Amend and Adopt Section [A] 115 of the 2022 California Building Code as follows:
[A] 115.1 Authority. Whenever the Building Official finds any work regulated by
this code being performed in a manner either contrary to the provisions of any code
identified in this title or dangerous or unsafe, the Building Official is authorized to issue
a stop work order.
[A] 115 .2 Issuance. The stop work order shall be in writing and shall be given to the
owner of the property involved, or to the owner's agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall immediately cease. The stop
work order shall state the reason for the order, and the conditions tmder which the cited
work will be permitted to resume.
[A] 115.3 Unlawful continuance. Any person who shall continue any work after
having been served with a stop work order, except such work as that person is directed
to perform by the building official to remove a violation or tmsafe condition, shall be
subject to penalties as prescribed by law.
16.04 .220 Chapter 5 -General Building Heights and Areas.
Ordinance No. 22-2245
Page 24
Amend and Adopt Section 501.2 of the 2022 California Building Code and amend to
read as follows:
502.1 Address Identification. New and existing buildings shall be 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
backgrotmd and be plainly visible from the street or road fronting the property. When
required by the 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 tmtil the building or residence has a street address number
posted. Subdivisions and Plairned 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.
16.04.240 Chapter 7 A -Materials and Construction Methods for Exterior Wildfire
Exposure.
Amend Section 707 A.9 of the 2022 California Building Code to read as follows:
707 A.9 Underside of appendages. The tmderside of overhanging appendages shall
be enclosed to grade in accordance with the requirements of this chapter or the tmderside
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
tmderside 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 Stai1dard 12-7 A-3 or ASTM E2957.
Ordinance No. 22-2245
Pa ge 25
Exception: Structural columns and beams do not require protection when they are
constructed with sawn lumber or glue-lamina ted wood with the smallest minimum
nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks splined,
tongue-and-grove, or set close to gether and well spiked.
Amend Section 71 0A.3 of the 2022 California Building Code to read as follows:
710A.3 . Where required. Accessory structures shall comply with the requirements
of this section.
Delete Section 710A.3.1 in its entirety.
Delete Section 710A.3.2 in its entirety.
Delete Section 710A.3.3 in its entirety.
16.04.260 Chapter 9 -Fire Protection and Life Safety Systems.
Amend Section 903.2 of the 2022 California Building Code to read as follows :
903.2 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 and Sections 903.2 .14
through 903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows:
Exceptions:
a. Buildings and structures not located in any Wildland-Urban Interface and not
exceeding 1,200 square feet of fire area.
b. Buildings and s tructures located in any Wildland-Urban Interface Fire Area and
not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used
exclusively for vehicle parking which meet all of the following conditions:
Ordinance No. 22-2245
Page 26
1. Noncombustible construction.
11. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides or not less than 75 % of
structure perimeter.
1v. Minimum of 10 feet separation from existing buildings, or similar
structures, m1.less area is separated by fire walls complying with CBC 706 .
d . Canopies, constructed in accordance with CBC 406 .7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406 .7.1 and not exceeding
5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a
period of not more than one year.
2. An automatic sprinkler system shall be installed throughout all new buildings with
a Group R fire area.
Exception:
Detached Accesso1y Dwelling Unit, provided that all of the following are met:
a. The ml.it meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter 5
and Appendix B of the 2022 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured
homes (as defined in California Health and Safety Code Sections 18007 and 18009)
and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of tl1e
California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with
a Group R fire area when additions are made causing the fire area to exceed 3,600
square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
Ordinance No. 22 -2245
Pa ge 27
5. An automatic sprinkler sys tem shall be provided throughout existing Group A, B, E,
F, L, M, S and U buildings and struchu-es, when additions are made that increase the
fire area to more than 3,600 square feet or that create conditions described in Sections
903.2.1 through 903.2.18.
6 . Any change in the character of occupancy or in use of any building with a building
area 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 safety1 or increased fire risk2, shall require the installation of
an approved automatic fire sprinkler system.
1 Life Safety -Shall include, but not limited to: Increased occupant load, public
assembly areas, public meeting areas, churches, indoor amusement attractions,
buildings with complex exiting systems due to increased occupant loads, large
schools/day-care facilities, large residential care facilities with non-ambulatory;
2 Fire Risks -Shall include, but not limited to: High-piled combustible storage,
woodworking operations, hazardous operations using hazardous materials,
increased fuel loads (storage of moderate to highly combustible materials), increased
so urces of ignition (welding, automotive repair with the u se of flammable liquids and
open flames).
Add Section 903.2.11 .7 to read:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire
extinguishing systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in
which flammable liquids are handled
2. If a hazard assessment determines that an automatic extinguishing system is
required for the chemical fume hood, then the applicable automatic fire
protection system standard shall be followed.
Amend Section 907.8 to read:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules
and procedures for fire alarm and fire detection systems shall be in accordance with
Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and
maintenance shall be documented using NFP A 72 record of inspection and testing
forms.
Ordinance No. 22-2245
Page 28
Amend Section 909.22.1 of the 2022 California Building Code to read as follows:
909.22 .1 Schedule. A routine maintenance and operational testing program shall be
initiated immediately after the smoke confrol system has passed the acceptance tests. A
written schedule for routine maintenance and operational testing shall be established
and operational testing must occur at least annually.
16.04.300 Chapter 15 -Roof Assemblies and Rooftop Structures.
Amend Section 1505.1.3 of the 2022 California Building Code to read as follows:
1505.1.3 Roof coverings in all other areas. The entire roof coveriI"lg of every existing
stmcture where more than 50 percent of the total roof area is replaced within any one-
year period, the entire roof coveriI1g of every new structure, and any roof coveriI1g
applied iI1 the alteration, repair or replacement of the roof of eve1y existmg struchu-e,
shall be a fire-retardant roof coveriI1g that is Class A
Amend Section 1505.1.4 of the 2022 California Building Code to read as follows:
1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. The entire
roof covering of every existing struch1re 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 struchue, shall be a fire-retardant roof covering that is Class A
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area
shall also comply with Section 705A.
16 .04.320 Chapter 17 -Special Inspection and Tests.
Amend Section 1705.3 Exception #1 of the 2022 California Building Code to read as
follows:
1705.3 Concrete Construction. The special inspections and verifications for
concrete construction shall be as required by this section and Table 1705.3.
Exception:
Special iI1spections shall not be required for:
Ordinance No. 22-2245
Page 29
1. Isolated spread concre te 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, f' c, no greater than 2,500 pound per
square inch (psi) (17 .2 Mpa).
16.04.340 Chapter 19 -Concrete.
Delete Section 1905.1.7 and ACI 318 Section 14.1.4 and replace with the following :
1905.1.7 ACI 318, Section 14.1.4 .
14.1.4 -Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 -Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member does
not exceed the footing thickness.
Exception:
In detached one and two-family dwelling three stories or les s 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 comers 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.
16.04.360 Chapter 23 -Wood.
Ordinance No. 22-2245
Page 30
Amend Table 2308.6.3(1) of the 2022 California Building Code, to add a new
footnote "b" to the end of California Building Code Table 2308.6.3(1) to read as follows:
b. In Seismic Design Categories Do, 01, and D2, Methods GB, SFB, HPS and PBS is
not permitted and the use of Method PCP is limited to one-story buildings and
structures.
Add Section 2308.6.3.1 to the 2022 California Building Code to read as follows:
2308.6.3.1 Limits on methods GB, SFB, HPS, PBS and PCP. In Seismic Design
Categories D, E, and F, Methods GB, SFB, HPS, and PBS are not permitted for use as
intermittent braced wall panels, but gypsum board is permitted to be 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 D, E, and F the use of
Method PCP is limited to one-story building and struchues.
16.04.380 Section 3109 -Swimming Pool Enclosures and Safety Devices.
Adopt Section 3109 of the 2022 California Building Code.
Add Section 3109.3 to the 2022 California Building Code to read as follows:
3109.3 Inspections for Swimming Pools.
A All Work to Be Inspected. All pool installations or alterations thereto including
equipment, piping and appliances related thereto shall be inspected by the Building
Department to insure compliance with the requirements of the California Building
Code.
B. Called Inspections. It shall be the duty of the person doing the work authorized by
the building permit to notify the Building Department that said work is ready for
inspection. Such notification shall be given not less than twenty-four hours before
the work is to be inspected.
1. Pregunite inspection is required when all steel is in place, piping from the pool
area is in with pressure test, all steel and related attaclunents are properly bonded
and tmderwater light housing is installed;
2. An inspection is required for all conduit and gas piping under slabs before decks
are poured;
Ordinance No. 22-2245
Pa ge 31
3. Final ins pection 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.
CHAPTER 16.06 RESIDENTIAL CODE
Section
16.06.010 Adoption of the 2022 California Residential Code based on the 2021
International Residential Code.
16.06.015 Adoption of Appendix Chapters.
16 .06 .020 Section R310-Emergency Escape and Rescue Openings .
16.06.040 Section R313 -Automatic Fire Sprinkler Systems .
16.06.050 Section R328 -Energy Storage Systems
16.06.060 Section R337 -Materials and Construction Methods for Exterior Wildfire
Exposure.
16 .06 .080 Chapter 4 -Foundations.
16 .06.100 Chapter 6 -Wall Construction.
16.06 .120 Chapter 9 -Roof Assemblies.
16.06.140 Chapter 10-Chimneys and Fireplaces -Spark Arrestors.
16.06.160 Appendix AX -Swimming Pool Safety Act
16.06.010 Adoption of the 2022 California Residential Code based on the 2018
International Residential Code.
A Except as otherwise provide in this chapter, the provisions of the 2022 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, except such portions as are hereinafter deleted, modified or amended by this
ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safe ty Code Section 18942 and are made available for
public inspection.
Ordinance No. 22-2245
Page 32
16.06.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 California Residential Code are
hereby adopted:
Appendix AH: Patio Covers;
Appendix AJ: Existing Building and Structures;
Appendix AK: Sound Transmission;
Appendix AX: Swimming Pool Safety Act.
16.06.020 Section R310 -Emergency Escape and Rescue Openings.
Amend Section R310.1 of the 2022 California Residential Code to delete Exception
#2.
16.06.040 Section R313 -Automatic Fire Sprinkler Systems.
Amend Section R313.1 of the 2022 California Residential Code to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire
sprinkler system shall be installed in all new townhouses and in existing townhouses
when additions are made that increase the building area to more than 3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011 that does not total
more than 1,000 square feet of building area.
Amend Section R313.2 of the 2022 California Residential Code to read as follows:
R313.2 One-and two-family dwellings automatic sprinkler systems. An automatic
sprinkler system shall be installed in all new one-and two-family dwellings, rebuild of
existing one-and two-family dwellings as defined by the Building Official, and existing
one-and two-family dwellings when additions are made that increase the fire area to
more than 3,600 square feet.
Exceptions:
1. Detached Accessory Dwelling Unit, provided that all of the following are met:
Ordinance N o . 22-2245
Page 33
1.1.The 1mit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
1.2.The existing primary residence does not have automatic fire sprinklers.
1.3.The accessory detached dwelling w1it does not exceed 1,200 square feet in size.
1.4.The tmit is on the same lot as the primary residence.
1.5 .The tmit meets all apparatus access and water supply requirements of Chapter 5
and Appendix B of the 2022 California Fire Code.
2. When additions are made to existing structures, causing the fire area to exceed 3,600
square feet, and all of the following are met:
2.1.Building addition does not exceed 500 square feet.
2.2 .The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
16 .06.050 Section R328 -Energy Storage Systems.
Amend Section R328.7 of the 2022 California Residential Code to read as follows:
R328.7 Fire detection. Rooms and areas within dwelling units, basements and
attached garages in which ESS are installed shall be protected by smoke alarms in
accordance with Section R314. A heat detector, listed and interconnected to the smoke
alarms, shall be installed in locations within dwelling tmits and attached garages where
smoke alarms cannot be installed based on their listing.
[SFM] ESS installed in Group R-3 and townhomes shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in
accordance with Section R314 .
2 . A listed heat alarm interconnected to the smoke alarms shall be installed in
locations within dwelling tmits, sleeping tmits and attached garages where
smoke alarms cannot be installed based on their listing.
Exceptions:
1 . A listed heat detector may be used in place of a heat alarm, so long as it is
interconnected with devices that provide an audible alarm at all sleeping
areas.
Ordinance No. 22-2245
Page 34
2 . A fire sprinkler associated with an approved automatic sprinkler system that
triggers an audible alarm upon activation of the waterflow switch, may be
used in place of a heat alarm.
16 .06.060 Section R337 -Materials and Construction Methods for Exterior Wildfire
Exposure.
Amend Section R337.7 .10 of the 2022 California Residential Code to read as follows:
R337.7.10 Underside of appendages. The tmderside of overhanging appendages
shall be enclosed to grade in accordance with the requirements of this chapter or the
tmderside of the exposed tmderfloor shall consist of one of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for
exterior use and shall meet the requirements of Section R337.7.2.
3 . Fire-retardant-treated wood. The fire-retardant-treated wood shall be labeled for
exterior use and shall meet the requirements of Section 2303 .2 of the California
Building Code.
4. Material approved for not less than 1-hour fire -resistance-rated construction on the
exterior side, as tested in accordance with ASTM El 19 or UL 263.
5 . One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering
on the underside of the appendage projection.
6. The exterior portion of a 1-hour fire resistive exterior wall assembly, as tested in
accordance with ASTM E119 or UL 263, applied to the underside of the appendage
including assemblies using the gypsum panel and sheathing products listed in the
Gypsum Association Fire Resistance Design Manual.
7 . The underside of an appendage assembly that meets the performance criteria in
Section R337.7.11 when tested in accordance with the test procedures set forth in
ASTM E2957.
8 . The tmderside of an appendage assembly that meets the performance criteria in
accordance with the test procedures set forth in SFM Standard 12-7 A-3.
Exception to Section R337.7.10:
Structural columns and beams do not require protection when they are constructed
with sawn lumber or glue-laminated wood with the smallest minimum nominal
dimension of 4 inches (102 mm). Sawn or glue-laminated planks splined, tongue-
and-grove, or se t close together and well spiked.
Ordinance No. 22-2245
Page 35
Amend Section R337 .10.3 of the 2022 California Residential Code to read as follows:
R337.10.3. Where required. Accessory struch1res shall comply with the
requirements of this section.
Delete Section R337.10.3.1 in its entirety.
Delete Section R337.10.3.2 in its entirety.
Delete Section R337.10.3.3 in its entirety.
Delete Section R337.10.3.4 in its entirety.
16.06.080 Chapter 4 -Foundations.
Amend Section R403.1 of the 2022 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 Secti on 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.
Amend Section R403.1.1 of the 2022 California Residential Code to read as follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be
as set forth in Table R403.1(1) to Table R403.1(3) and Figure R403.1.3. The footing width,
W, shall be based on the load-bearing value of the soil in accordance with Table R401.4 .1.
Spread footings shall be at least 6 inches (152 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
a llowable 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. 22-2245
Page 36
16.06.100 Chapter 6 -Wall Construction.
Amend Section R602.10.4 of the 2022 California Residential Code, to add a new
footnote "f" to the end of CRC Table R602.10.4 to read as follows:
f. In Seismic Design Categories Do, D1, and D2, Methods GB, SFB, HPS, PBS, and
CS-SFB are not permitted and the use of Method PCP is limited to one-story
single family dwellings and accessory structures.
Add the "f" fooh1ote notation for Methods GB, SFB, HPS, PBS, CS-SFB, and PCP of
Table R602.10.4.
Add a new subsection R602 .10 .4.5 of the 2022 California Residential Code, to read
as follows:
R602.10.4.5 Limits on methods GB, SFB, HPS, PBS, CS-SFB and PCP. In Seismic
Design Categories Do, D,, and D 2, Methods GB, SFB, HPS, PBS, and CS-SFB are not
permitted for use as intermittent braced wall panels, but gypsum board is permitted to
be installed when required by this Section to be placed on the opposite side of the studs
from other types of braced wall panel sheathing. In Seismic Design Categories D o, D1,
and D2, the use of Method PCP is limited to one-story single family dwellings and
accessory structures.
16.06.120 Chapter 9 -Roof Assemblies.
Adopt and Amend Section R902 .1 of the 2022 California Residential Code to read as
follows:
R902.1.2 Roof Coverings in All Other Areas. The entire roof covering of every
existing struchue 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 Class A.
R902.1.3 Roofing Requirements within a Wildland-Urban Interface Fire Area. The
entire roof covering of every existing struchue where more than 50 percent of the total
roof area is replaced within any one-year period, the entire roof covering of every new
struchue, and any roof covering applied in the alteration, repair or replacement of the
roof of every existing struch1re, shall b e a fire-retardant roof covering that is Class A.
O rdinance N o. 22-2245
Page 37
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area
shall also comply with Section R337.5.
16.06.140 Chapter 10 -Chimneys and Fireplaces -Spark Arrestors.
In new construction or when alterations, repairs or additions requiring a permit and
having a valuation in excess of one thousand dollars occur, all new and existing fireplace
chimneys shall terminate in a substantially constructed spark arrestor complying with
the requirements of the 2022 California Residential Code Section R1003.9.2.
16.06.160 Appendix AX -Swimming Pool Safety Act
Amend and Adopt Appendix AX100 115922 (a) of the 2022 California Residential
Code to read as follows :
Except as provided in Section 1115925, when a building permit is issued for the
construction of a new swimming or spa or the remodeling of an existing swimming
pool or spa at a private single-family home, the respective property shall be equipped
with an enclosure from the public right-of-way that meets the requirements of Section
115923 and additionally the respective swimming pool or spa shall be equipped with
two of the following six drowning prevention safety features:
1. Removable mesh fencing that meets American Society for Testing and
Materials (ASTM) Specifications F2286 standards in conjtmction with a gate
that is self-closing and self-latching and can accommodate a key lockable
device.
2. An approved safety pool cover as defined in subdivision ( d) of Section
115921.
3. Exit alarms on the private single-family home's doors that provide direct
access to the swimming pool or spa. The exit alarm may cause either an
alarm noise or a verbal warning, such as a repeating notification that "the
door to the pool is open."
4. A self-closing, self-latching device with a release mechanism placed no lower
than 54 inches above the floor on the private single-family home's doors
providing direct access to the swimming pool or spa.
5. An alarm that, when placed in a swimming pool or spa, will sound upon
detection of accidental or unauthorized entrance into the water. The alarm
shall meet and be independently certified to the ASTM Standard F2208
Ordinance No. 22-2245
Page 38
"Standard Safety Specification for Residential Pool Alarms," which includes
surface motion, pressure, sonar laser and infrared type alarms. A swimming
protection alarm feature designed for individual use, including an alarm
attached to a child that sounds when the child exceeds a certain distance or
becomes submerged in water, is not a qualifying drowning prevention safety
feature.
6. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the feature set forth above and has been
independently verified by an approved testing laboratory as meeting
standards for those features established by the ASTM or the American
Society of Mechanical Engineers (ASME).
[Title 16 -Chapter 16.08 -No Change]
[Title 16 -Chapter 16.12 -No Change]
CHAPTER 16.16: ELECTRICAL CODE
Section
16.16.010 Adoption of the 2022 California Electrical Code based on the 2017 National
Electrical Code.
16 .16 .015 Adoption of Appendix Chapters.
16.16 .020 Article 100-Definitions.
16.16.030 Electrical Work.
16.16.040 Electrical Fee Schedule.
16.16.050 Interpretation.
16.16 .060 Electrical Maintenance Program.
16.16.010 Adoption of the 2022 California Electrical Code based on the 2020 National
Electrical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2022 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, except such portions as are hereinafter
deleted, modified or amended by this ordinance, and is by such adopted by reference .
Ordinance No. 22-2245
Page 39
B. 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 and are made available for public
inspection.
16.16.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2022 California Electrical Code have been adopted.
16.16.020 Article 100 -Definitions.
Amend Article 100 of the 2022 California Electrical Code with the following
definitions added:
Electrical Contractors. For the purpose of this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's license issued by the State of California.
Journeyman Electrician. A journeyman electrician is an electrician qualified by training
and experience to do electrical work in conjtmction with new construction and/or rework
of existing sys tems.
Maintenance Electrician. A maintenance electrician in an electrician qualified b y
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 .030 Electrical Work.
Electrical work shall be done only by:
a. Electrical contractors who are in compliance with the state lic ensing laws and
whose employees are under the direct supervision of a qualified journeyman
electrician;
b . A general building contractor if scope of work involves at least two tmrela ted
trades or crafts other than framing or carpenh·y, or if the general building contractor
holds the appropriate license classification;
c. Maintenance electrician.
O rdinance No. 22-2245
Pa ge 40
16.16.040 . Electrical Fee Schedule.
Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the
city.
16.16.050 Interpretation.
A The language used in this code, and the California Electrical Code, which is made a
part of this code by reference, is intended to convey the common and accepted
meaning familiar to the electrical industry.
B. The Building Official or his assistants 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.
16.16.060 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.
CHAPTER 16.20: PLUMBING CODE
Section
16.20.010 Adoption of the 2022 California Plumbing Code bas ed on the 2018 Uniform
Plumbing Code.
16.20 .015 Adoption of Appendix Chapters.
16.20.020 Name Insertion.
Ordinance No. 22-2245
Page 41
16.20.010 Adoption of the 2022 California Plumbing Code based on the 2021 Uniform
Plumbing Code.
A Excep t as otherwise provided in this chapter, the provisions of the 2022 California
Plumbing Code and each and all of the regulations, provisions, conditions and terms of the
code is referred to as if fully se t forth in this chapter, excep t such portions as are hereinafter
deleted, modified or amended by this ordinance, and is by such adopted by reference.
B. 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 Sec t ion 18942 and are made available for public
inspection.
16.20.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 California Plumbing Code are hereby
adopted:
Appendix A: Recommended Rules for Sizing the Water Supply Sys t em;
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix C: Alternate Plumbing Systems;
Appendix D: Sizing Storm Water Drainage Systems;
Appendix H: Private Sewage Disposal Systems;
Appendix I: Installation Standards for PEX Tubing Systems for Hot-and Cold-Water
Distribution;
Appendix J: Combination of Indoor and Outdoor Combustion and Ventilation Opening
Design.
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 s ta te is left blank.
CHAPTER 16.24: MECHANICAL CODE
Section
Ordinance No. 22-2245
Page 42
16.24.010 Adoption of the 2022 California Mechanical Code based on the 2021
Uniform Mechanical Code.
16.24.015 Adoption of Appendix Chapters.
16.24.020 Name Insertion.
16.24.010 Adoption of the 2022 California Mechanical Code based on the 2021 Uniform
Mechanical Code.
A. Except as otherwise provided in this chapter, the provisions of the 2022 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, except such portions as are
hereinafter deleted, modified or amended by this ordinance, and is by such adopted by
reference .
B. 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 and are made available for public
inspection.
16 .24.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 California Mechanical Code have
been adopted.
Appendix F: Sizing of Venting Systems and Outdoor Combustion and Ventilation
Opening Design.
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.
CHAPTER 16.28 EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR
SYSTEMS AND ELECTRIC VEHICLE CHARGING SYSTEMS
Section
Ordinance No. 22-2245
Page 43
16 .28.010 Purpose and intent.
16.28.020 Definitions.
16.28.030 Applicability.
16.28.040 Requirements.
16 .28.050 Application and documents.
16 .28.060 Permit review and inspection requirements.
16.28.010 Purpose and Intent.
The purpose of this Chapter is:
1) To adopt an expedited, streamlined solar permitting process that complies with the Solar
Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective
installations of small residential rooftop solar energy systems. The Ordinance expands
AB2188 to provide for timely and cost-effective installations of solar panels on small multi-
family and commercial buildings. The Ordinance encourages the use of solar systems by
removing unreasonable barriers, minimizing costs to property owners and the City, and
expanding the ability of property owners to install solar energy systems. The Ordinance
allows the City to achieve these goals while protecting the public health and safety. (Ord.
15-2133, part, 2015)
2) To promote and encourage the use of electric vehicles by creating an expedited,
streamlined permitting process for electric vehicle charging stations while promoting public
health and safety and preventing specific adverse impacts in the installation and use of such
charging stations.
16.28.020 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings
as defined in this section.
A. A "Solar Energy System" means either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to
provide for the collection, s torage, and distribution of solar energy for space
heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for electricity
generation, space heating or cooling, or for water heating.
B. A "small r es idential rooftop solar energy system" means all of the following:
Ordinance No. 22-2245
Page 44
1. A solar energy system that is a simple photovoltaic system no larger than 10
kilowatts or a solar thermal system no larger than 30 kilowatts thermal.
2 . A solar energy system that conforms to all applicable state fire, structural,
electrical, and o ther building codes as adopted or amended by the City and all
sta te and local health and safety standards.
3. A solar energy system that is in.stalled on a single or duplex family dwelling. 4. A
solar panel or module array that does not exceed the maximum legal building
height as defined by the city.
C. A "small multi-family or commercial rooftop solar energy system" means all of the
following:
1. A solar energy system that is a simple photovoltaic system no larger than 10
kilowatts or 30 a solar thermal system no larger than kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural,
electrical, and other building codes as adopted or amended by the City and all
sta te and local health and safety standards.
3. A solar energy system that is installed on a triplex, four-plex family dwelling or
on a commercial building no more than 10,000 square feet in size.
4. A solar panel or module array that does not exceed the maximum legal building
height as defined by the City.
D. A "small rooftop solar energy system" either a "small residential rooftop solar
energy system" or a "small multi-family or commercial rooftop solar energy system".
E. "Electronic submittal" means the utilization of one or more of the following:
1. Email;
2. The Internet;
3. Facsimile.
F. An "association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
G. A "common interest development" means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
H . "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health or safety standards,
Ordinance No. 22-2245
Pa ge 45
policies, or conditions as they existed on the date the application was deemed
complete.
I. "Reasonable restrictions" on a solar energy system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specified performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
J. "Restrictions that do not significantly increas e the cost of the system or decrease its
efficiency or specified performance" means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amotmt
exceeding 10 percent of the cost of the system, but in no case more than one
thousand dollars ($1,000), or decreasing the efficiency of the solar energy system
by an amount exceeding 10 percent, as originally specified and proposed.
2. For Photovoltaic Systems: an amotmt not to exceed one thousand dollars ($1,000)
over the system cost as originally specified and proposed, or a decrease in system
efficiency of an amotmt exceeding 10 percent as originally specified and
proposed. (Ord. 15-2133, part, 2015)
K. ELECTRIC VEHICLE CHARGING STATION OR EVCS. Any level of electric vehicle
supply equipment station that is designed and built-in compliance with article 625 of
the California Electrical Code and delivers electricity from a source outside an electric
vehicle into a plug-in vehicle.
L. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact"
includes, but is not limited to, any cost-effective method, condition, or mitigation
imposed by the City on another similarly situated application in a prior successful
application for a permit. The City shall use its best efforts to ensure that the selected
method, condition, or mitigation meets the conditions of subparagraphs (A) and (B)
of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining
restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance.
16.28 .030 Applicability.
A. This Chapter applies to the permitting of all Small Rooftop Solar Energy Systems and
Electric Vehicle Charging Systems in the City.
B. Small Rooftop Solar Energy Systems and Electric Vehicle Charging Systems legally
established or permitted prior to the effective date of this Ordinance are not subject
to the requirements of this Ordinance tmless physical modifications or alterations are
undertaken that materially change the size, type, or components of a small rooftop
Ordinance No. 22-2245
Page 46
energy system in such a way as to require new permitting. Routine operation and
maintenance or like-kind replacements shall not require a permit.
16.28.040 Requirements.
A. All solar energy systems and Electric Vehicle Charging Stations shall meet applicable
health and safety standards and requirements imposed by the State, the City, and
Santa Clara County Fire Department.
B. Solar energy systems for heating water in single-family residences and for heating
water in commercial or swimming pool applications shall be certified by an
accredited listing agency as defined by the California Plumbing and Mechanical
Code.
C. Solar energy systems for producing electricity shall meet all applicable safety and
performance standards established by the California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability. (Ord. 15-2133, part, 2015)
D. Electric Vehicle Charging Stations shall meet all applicable safety and performance
standards established by the California Electric Code, the Society of Automotive
Engineers, the National Electrical Manufacturers Association, and the accredited
testing laboratories such as Underwriters Laboratories and, where applicable, rules
of the Public Utilities Commission regarding safety and reliability.
16.28.050 Application and Documents.
A. All documents required for the submission of an expedited solar energy system
application and for an EVCS permit application shall be made available on the City's
website.
B. Electronic submittal of the required permit application and documents shall be made
available to all small rooftop solar energy system permit applicants.
C. An applicant's electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signah1re.
D. The Building Official shall adopt a standard plan and checklist of all requirements
with which small rooftop solar energy systems shall comply to be eligible for
expedited review.
E. The Building Official shall provide a permit checklist for EVCS permit applications.
F. The small residential rooftop solar system permit process, standard plan(s), and
checklist(s) shall substantially conform to recommendations for expedited
permitting, including the checklist and standard plans contained in the most current
version of the California Solar Permitting Guidebook adopted by the Governor's
Office of Planning and Research.
Ordinance No. 22-2245
Page 47
G. The small multi-family or commercial rooftop solar energy sys tem permit process,
standard plan(s), and checklist(s) shall be developed by the Building Official.
H . All fees prescribed for the permitting of small rooftop solar energy system must
comply with Government Code Section 65850.55, Government Code Section 66015,
Government Code Section 66016, and State Health and Safety Code Section 17951.
(Ord. 15-2133, part, 2015)
16.28.060 Permit Review and Inspection Requirements.
A The City shall adopt an administrative, nondiscretionary review process to expedite
approval of small rooftop solar energy systems and EVCS application of one to 25
stations at a single site. Upon receipt of a complete application which meets the
requirements of the approved checklist and standard plan, the City shall issue a
building permit or other nondiscretionary permit five business days for electronic
applications. For complete EVCS applications including 26 or more EVCS stations at
a single si te, a permit shall be issued after ten business days for electronic
applications.
B. Review of the application shall be limited to the building official's review of whether
the application meets local, state, and federal h ealth and safety requirements.
C. The Building Official may deny an application for a permit for a small rooftop solar
energy system or EVCS if the Official makes written findings based upon substantive
evidence in the record that:
1. The proposed installation would have a specific, adverse impact upon public
health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as defined, the
adverse impact. Such findings shall include the basis for the rejection of the
potential feasible alternative for preventing the adverse impact.
D. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
E. The City shall require only one inspection for small residential rooftop solar energy
systems eligible for expedited review. The City may require two inspections for small
multi-family or commercial rooftop solar energy systems if deemed necessary . A
separate fire inspection may be performed if the City does not have an agreement
with Cotmty of Santa Clara Fire Department to perform safety inspections on behalf
of the Cotmty of Santa Clara Fire Department.
Ordinance No. 22-2245
Page 48
F. The inspection(s) shall be done in a timely manner and should include consolidated
inspections. An inspection will be scheduled within two (2) business days of a request
and provide a two-hour inspection window on the day of the inspection.
G. If a small rooftop solar energy system fails inspection a subsequent inspection is
authorized but need not conform to the requirements of this Ordinance. (Ord. 15-
2133, part, 2015)
16.28.070 Appeals.
Any final decision of the Building Official made pursuant to this Chapter may be
appealed by filing a request for appeal, in writing, with a description of the grotmds for
appeal. The request for appeal must be made within ten (10) business days of the serving
or mailing of the building official's determination. A hearing shall be scheduled within
thirty (30) days before the Planning Commission. If the appeal is not filed within the time
specified above, the applicant shall be deemed to waive the right to appeal.
Chapter 16.32 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.32 to be entitled, numbered, and to read as follows:
Chapter 16.32: Local Sustainability Requirements for Newly Constructed Buildings
Section
16.32.010 Applicability
16.32.020 Definitions
16.32.030 All-Electric Provisions for Newly Constructed Buildings
16.32.010 Applicability
A. The requirements of this Chapter shall apply to the building permits for all newly
constructed buildings proposed to be located in whole or in part within the City .
Nonresidential tenant improvements are not subject to the all -electric building
requirement for new construction in Section 16.32 .030
B. The all-electric building provisions shall apply to permit applications on or after the
effective date of this Chapter, and in perpetuity.
C. The requirements of this Chapter shall not apply to the use of portable propane
appliances for outdoor cooking or heating.
Ordinance No. 22-2245
Pa ge 49
D. This chapter shall in no way be construed as amending California Energy Code
requirements under California Code of Regulations, Title 24, Part 6, nor as requiring
the use or installation of any specific appliance or system as a condition of approval.
E. The requirements of this Chapter shall be incorporated into conditions of approval
for building permits under Municipal Code Chapter 16.
16.32.020 Definitions
A. ALL-ELECTRIC BUILDING: is a building that has no natural gas or propane
plumbing installed within the building, and that uses electricity as the sole source of
energy for its space heating, water heating (including indoor and outdoor pools and
spas), cooking appliances, outdoor kitchens, outdoor fireplaces, and clothes drying
appliances. All-Electric Buildings may include solar thermal pool heating.
16.32.030 All-Electric Provisions for Newly Constructed Buildings
A. Newly constructed buildings shall be all-electric as defined in Section 16.32.020. For
the purposes of All-Electric Building requirements, newly constructed buildings shall
not include newly constructed additions and tenant improvements in existing
buildings.
Exception 1: Nonresidential F, H, and L Occupancies, or other similar research &
development uses as determined by the building official, are exempt from the all-
electric building provisions of this section. If this Exception applies, the applicant
shall comply with the pre-wiring provision of Note 1 below.
Exception 2: "Essential Facilities," as defined by the California Building Code are
exempt from the all-electric building provisions of this section . If this Exception
applies, the applicant shall comply with the pre-wiring provision of Note 1 below.
Exception 3: Non-residential buildings containing a for-profit restaurant open to the
public or an employee kitchen may apply to the Building Official for a modification
to install gas-fueled cooking appliances. This request must be based on a business-
related reason to cook with a flame that cannot be reasonably achieved with an
electric fuel source. The Building Official may grant this modification if he or she
finds the following:
1. There is a business-related reason to cook with a flame and;
2. This need cannot be reasonably achieved with an electric fuel source; and
3. The applicant has employed reasonable methods to mitigate the greenhouse gas
impacts of the gas-fueled appliance.
Ordinance No. 22-2245
Page 50
If the Building Official grants a modification, the applicant shall comply with the pre-
wiring provision of Note 1 below.
Exception 4: If the applicant establishes that there is not an all-electric prescriptive
compliance pathway for the building under the Energy Code, and that the building
is not able to achieve the performance compliance standard applicable to the building
under the Energy Code using commercially available teclmology and an approved
calculation method, then the Building Official may grant a modification. If the
Building Official grants a modification pursuant to this Exception, the applicant shall
comply with the pre-wiring pro\rision of Note 1 below.
Exception 5: Hotels and motels with eighty or more guestrooms may utilize fuel gas
in on-site commercial clothes drying equipment. The applicant shall comply with the
pre-wiring provision of Note 1 below.
Note 1: If natural gas appliances are used under Exception 1, 2, 3, 4, and/or 5, each
nah1ral gas appliance location in such building must be electrically pre-wired for
future electric appliance installation. Each such nahiral gas appliance location shall
include the following:
1. A dedicated circuit, phased appropriately, for each appliance. Each such
circuit shall have a minimum amperage requirement for a comparable electric
appliance (based on the manufacturer's recommendations), an electrical
receptacle or junction box that is connected to the electric panel, conductors of
adequate capacity within 3 feet of the appliance. Each such circuit shall be
accessible with no obstructions;
ii. Both ends of the unused conductor or conduit shall be labeled with the words
"For Fuhire Electric Appliance" and be electrically isolated;
111. A reserved circuit breaker space shall be installed in the electrical panel
adjacent to the circuit breaker for the branch circuit and labeled for ead1
circuit, an example is as follows: "For Fuhire Electric Range"; and
iv. All electrical components, including conductors, receptacles, jtmction boxes,
or blank covers, related to this section shall be installed in accordance with the
California Electrical Code.
Note 2: If a building is entitled to apply Exception 1, 2, 3, 4 and/or 5, the Building
Official is authorized to approve alternative materials, design, and methods of
construction or equipment per Califo1nia Building Code Section 104.
Ordinance No. 22-2 245
Page 51
[Title 16 -Chapter 16.36 -No Change]
CHAPTER 16.40: FIRE CODE
Section
16.40.010 Adoption of the 2022 California Fire Code and 2021 International Fire
Code.
16.40.015 Adoption of Appendix Chapters.
16.40.020 Chapter 1 -Administration.
16.40.040 Chapter 2 -Definitions.
16.40.080 Chapter 5 -Fire Service Features.
16.40.100 Chapter 6 -Building Services and Systems.
16.40.110 Chapter 7 -Fire and Smoke Protection Features.
16.40.120 Chapter 8 -Interior Finish, Decorative Materials and Furnishings.
16.40.140 Chapter 9-Fire Protection and Life Safety Systems.
16.40.160 Chapter 12-Energy Systems.
16.40 .180 Chapter 33 -Fire Safety During Construction and Demolition.
16.40.200 Chapter 49 -Requirements for Wildland-Urban Interface Fire Areas .
16.40.220 Chapter 50-Hazardous Materials -General Provisions.
16.40.230 Chapter 54 -Corrosive Materials.
16.40.240 Chapter 56 -General -Explosives and Fireworks.
16.40 .260 Chapter 57 -Flammable and Combustible Liquids.
16.40.280 Chapter 58 -Flammable Gases and Flammable Cryogenic Fluids.
16.40.300 Chapter 60 -Highly Toxic and Toxic Materials.
16.40 .320 Chapter 61 -Liquefied Petroleum Gases.
16.40 .340 Chapter 64 -Pyrophoric Materials.
16.40.360 Chapter 80-Referenced Standards
16.40.380 Appendix B -Fire-Flow Requirements for Buildings
16.40.400 Appendix C -Fire Hydrant Locations and Distribution
16.40.360 Appendix D -Fire Apparatus Access Roads
16.40.010 Adoption of the 2022 California Fire Code and 2021 International Fire Code.
A. Except as otherwise provided in this chapter, the provisions of the 2022 California
Fire Code and also the 2021 International Fire Code, and specified Appendices and
each and all of the regulations, provisions, conditions and terms of the code is
referred to as if fully set forth in this chapter, except such portions as are hereinafter
Ordinance No. 22-2245
Page 52
deleted, modified, added or amended by this ordinance, and is by such adopted by
reference.
B. One (1) copy of each volume 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
and are made available for public inspection.
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2022 California Fire Code are hereby
adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix D: Fire Apparah1s Access Roads
Appendix 0: Temporary Haw1ted Houses, Ghost Walks and Similar Amusement
Uses.
16.40.020 Chapter 1 -Administration.
Add Section 101 .3 .1 of the 2022 California Fire Code to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City
Cotmcil, 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," "Fire 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 w1der the
authority of the City Cotmcil 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 Cmmsel" 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
Ordinance No. 22-2245
Page 53
Cupertino or the body appointed by the Council to pass on matters pertaining to fire
safety .
Add Section 106.2.1 of the 2022 California Fire Code to read as follows:
106.2.1 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 Cotmty 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 amotmt. For
the purposes of determining the total fee amotmt for each permit, the plan review fee
shall be added to the Permit Fee.
TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500 .00 $23.50
$501.00 TO $2,000 .00 $23 .50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000 .00
$2001.00 TO $25,000.00 $69.25 for th e first $2,000.00 plus $14 .00 for each
additional $1,000.00 or fraction thereof, to and including
$25,000.00
$25,00 1.00 TO $50,000 .00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 TO $100,000 .00 $643.75 for the first $50,000 .00 plus $7.00 for each
additional $1,000 .00, or fraction thereof, to and
including $100,000 .00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each
additional $1,000.00, or fraction thereof, to and
including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4 .7 5 for each
additional $1,000.00, or fraction thereof, to and
including $1,000,000.00
$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each
additional $1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at
$120 .00 for each occurrence at the discretion of the fire code official.
Cancelled inspections without advance notice are to be paid at $120.00 for each
occurrence.
Ordinance No. 22-2245
Page 54
Add Section 106.2.2 the 2022 California Fire Code to read as follows:
106.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa
Clara Cotmty Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Ins ti tu tional
A. More than 6 persons $75.00 -Annually
B. Over 50 persons $100 .00 -Annually
2. Day Care Facilities
More than 6 clients $35.00 -Annually
3. Places of Assembly
A. 50-300 persons $50.00 -Annually
B. Over 300 persons $85 .00 -Annually
4. Temporary Membrane Structures, Tents and Canopies $85.00-Each
(Only those requiring permits in. accordance with Section occurrence
105 .6. 47).
Add Section 107.5 to the 2022 California Fire Code to read as follows:
107.5 Final Inspection. No final inspection as to all or any portion of a development
shall be deemed completed tmtil 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.
16.40.040 Chapter 2 -Definitions.
Add the following definitions:
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 d1emical action;
2. any liquid having a pH of 2 or less or 12.5 or more;
3. any liquid classified as corrosive by the U.S. Department of Transportation; and
Ordinance No. 22-22 45
Pa ge 55
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
HEALTH HAZARD -OTHER. is a hazardous material whid1 affects target organs of
the body, including but not limited to, those materials which produce liver damage,
kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin
ftmction, deprive the body tissue of oxygen or affect reproductive capabilities, including
mutations (chromosomal damage) sensitizers or teratogens (effect on fetuses).
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that
induces a significant fire into the device tmder test and evaluates whether the fire will
spread to adjacent energy storage system tmits, surrotmding equipment, or through an
adjacent fire-resistance-rate d barrier.
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.
SECONDARY CONTAINMENT. Secondary containment is that level of containment
that is external to and separate from primary containment and is capable of safely and
securely containing the material, without discharge, for a period of time reasonably to
ensure detection and remedy of the primary containment failure.
SPILL CONTROL. That level of containment that is external to and separate from the
primary containment and is capable of safely and securely containing the contents of the
largest container and prevents the materials from spreading to other parts of the room.
Amend the following definitions:
SECONDARY CONTAINMENT. Secondary containment is that level of containment
that is external to and separate from primary containment and is capable of safely and
securely containing the material, without discharge, for a period of time reasonably to
ensure detection and remedy of the primary containment failure.
WORKSTATION. A defined space or an independent principal piece of equipment
using hazardous materials with a hazard rating of 3 or 4 in accordance with NFP A 704
where a specific flmction, 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 a s part of the workstation. A workstation is
Ordinance No. 22-2245
Page 56
allowed to contain ventilation equipment, fire protection devices, detection devices,
electrical devices, and other processing and scientific equipment.
16.40.080 Chapter 5 -Fire Service Features.
Amend Section 503.1 of the 2022 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 .1.3 and in accordance with
the Fire Department access Standards.
Amend Section 503.1.1 as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed
or moved into or within the jurisdiction. The fire apparatus access road shall
comply with the requirements for this section and shall extend to within 150 feet (45
720 mm) of all portions of the facility and all portions of the exterior walls of the
first story of the building as measured by an approved route arotmd the exterior of
the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped
throughout with an approved automatic sprinkler system, installed in
accordance with Sections 903 .3.1.1 or 903 .3.1.2, the dimension may be
increased to a maximum of 300 feet when approved by the fire code official.
2. When there are not more than two Group R-3 or accessory Group U
occupancies, the dimension may be increased to a maximum of 200 feet.
3. When apparahis roads cannot be installed because of topography,
waterways, nonnegotiable grades or other similar conditions, an approved
alternative means of fire protection shall be provided.
Amend Section 503.2.1 of the 2022 California Fire Code to read as follows :
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet (6096 mm) for engines and 26 feet (7925mm) for aerial
fire apparahis, exclusive of shoulders, except for approved gates or barricades in
accordance with Sections 503.5 .1 and 503.6 . The unobstructed vertical clearance
Ordinance No. 22-2245
Page 57
shall be a minimum of 13 feet 6 inches (4115 mm) or as determined by the fire code
official.
Exception:
When there are not more than two residential parcels, having only Group R,
Division 3, or Group U occupancy structures, the access road width may be
modified by the fire code official.
Amend Section 503.2.4 of the 2022 California Fire Code as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access
road shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.
Amend Section 503.2.7 of the 2022 California Fire Code as follows:
503.2.7 Grade. The maximum grade of a fire department apparah1s access road
shall not exceed 15-percent, mtless approved by the fire code official.
Amend Section 503.5 of the 2022 California Fire Code as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the
installation and maintenance of gates or other approved barricades across fire apparatus
access roads, trails, or other accessways, not including the public streets, alleys, or
highways. The minimum width for commercial applications is 20 feet (6096 mm), and 12
feet ( 4268 mm) for single-family dwellings. Electric gate operators, where provided shall
be listed in accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed, and installed to comply with the requirements of ASTM F2200.
Amend Section 503.6 of the 2022 California Fire Code as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access
road shall be approved by the fire code official. Where security gates are installed, they
shall have an approved means of emergency operation. The security gates and the
emergency operation shall be maintained operational at all times. Electric gate
operators, where provided, shall be listed in accordance with UL 325. Gates intended
for automatic operation shall be designed, constructed and installed to comply with the
requirements of ASTM F2200. The minimum width for commercial applications is 20
feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings.
Add Section 504.5 to the 2022 California Fire Code to read as follows:
Ordinance No. 22-2245
Page 58
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 or within 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 code official. Access control devices shall
also comply with Chapter 10.
Amend Section 505.1 as follows:
505.1 Address identification. New and existing buildings shall be provided with
approved address identification. The address identification shall be legible and placed
in a position that is visible from the street or road fronting the property. Address
identification characters shall contrast with their backgro1md. Address numbers shall
be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each
character shall be not less than 6 inches (153 mm) high with a minimum stroke width of
1/2 inch (12.7 mm). Where required by the fire code official, address identification shall
be provided in additional approved locations to facilitate emergency response. Where
access is by means of a private road and the building cannot be viewed from the public
way, a monument, pole or other sign or means shall be used to identify the structure.
Address identification shall be maintained.
The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color
which is contrasting to the backgro1md and be at least six (6) inches high with a half
(½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid
color which is contrasting to the backgro1md and be at least six (6) ind1es high with
a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid
color which is contrasting to the background and be at least ten (10) inches high
with a one and a half (1 ½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid
color which is contrasting to the backgro1md and be at least ten (18) inches high
with a one and a half (2) inch stroke.
Ordinance No . 22-2245
Page 59
• The number posted over 300 to 400 feet from the public street shall be of one solid
color which is contrasting to the backgrotmd and be at least ten (24) inches high
with a one and a half (2½) inch stroke.
Amend Section 510.1 of the 2022 California Fire Code to read as follows:
510.1 Emergency responder radio coverage in new buildings. Approved radio
coverage for emergency responders shall be provided within all buildings meeting any
one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building
Code Section 202);
2. The total building area is 30,000 s quare feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels
are not consistent with the minimum levels set forth in Section 510.4.1
Exceptions:
1. Where approved by the fire code official, a wired commtmication system in
accordance with Section 907.2.13.2 shall be permitted to b e installed or
maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is
not needed.
3. In facilities where emergency responder radio coverage is required and such
systems, components or equipment required could have a negative impact on
the normal operations of that facility, the fire code official shall have the
authority to accept an automatically activated emergency responder radio
coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal
strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA)
P25 Phase 2 700 MHz Digital Trw1ked Radio System within the building in
accordance with Section 510.4.1 without the u se of an indoor radio coverage
system.
The radio coverage system shall be installed and maintained in accordance with
Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFP A
1221, Standard for the Installation, Maintenance and Use of Emergency Services
Commtmications Systems .
Ordinance No. 22-2245
Page 60
The coverage shall be based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety commtmication systems.
Add Section 510.1.1 of the 2022 California Fire Code to read as follows:
510.1.1 Obstruction by new buildings. No obstruction of the public safety
system backhaul shall be allowed without an approved mitigating plan.
Amend Section 510 .3 of the 2022 California Fire Code to read as follows:
510.3 Permit required. A construction permit, for the installation of, or modification
of, emergency responder radio coverage systems and related equipment is required as
specified in Section 105.7.6. Maintenance performed in accordance with this code is not
considered a modification and does not require a permit. A frequency change made to
an existing system is considered to be new construction and will require a construction
permit
Amend Section 510.4 of the 2022 California Fire Code to read as follows:
510.4 Technical requirements. Systems, components and equipment required to
provide the emergency responder radio coverage system shall comply with the current
Emergency Responders Radio Coverage Systems Standard Details & Specification
enforced by the Santa Clara County Fire Department.
Amend Section 510.4.1.1 of the 2022 California Fire Code to read as follows:
510.4.1.1 Minimum signal strength into the building. The minimum
inbotmd signal strength shall be sufficient to provide usable voice
commtmications throughout the coverage area as specified by the fire code
official. The inbotmd signal level shall be sufficient to provide not less than a
Delivered Audio Quality (DAQ) of 3.0 for analog commtmications and DAQ of
3.4 for digital communications systems or an equivalent Signal-to-Interference-
Plus-Noise Ratio (SINR) applicable to the technology.
Amend Section 510.4.1.2 of the 2022 California Fire Code to read as follows:
510.4.1 .2 Minimum signal strength out of the building. The minimum
outbotmd signal strength shall be sufficient to provide usable voice
commtmications throughout the coverage area as specified by the fire code
official. The outbotmd signal level shall be sufficient to provide not less than a
Ordinance No. 22-2245
Page 61
DAQ of 3.0 for analog communications and DAQ of 3.4 for digital
cornrntmications systems or an equivalent SINR applicable to the technology.
Amend Section 510.5 of the 2022 California Fire Code to read as follows :
510.5 Installation requirement. The installation of the emergency responder radio
coverage system shall be in accordance with NFP A 1221 and the current Emergency
Responder Radio Coverage Systems Standard Details & Specification enforced by the
Santa Clara Cow1ty Fire Department.
Amend Section 510.5.2 of the 2022 California Fire Code to read as follows :
510.5.2 Approval prior to installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the FCC or other
radio licensing authority shall not be installed without prior coordination and
approval of the fire code official and the agency FCC license holder or systems
administrator.
Amend Section 510.5.4 of the 2022 California Fire Code to read as follows:
510.5.4 Acceptance test procedure. Where an emergency responder radio
coverage system is required, and upon completion of installation, the building
owner shall have the radio system tested to verify that two-way coverage on each
floor of the building is not less than 95 percent. Final system acceptance will
require ERRCS power level and DAQ testing with agency FCC license holder,
systems administrators, or designee.
16.40.100 Chapter 6-Building Services and Systems.
SECTION 603 ELECTRICAL EQUIPMENT, WIRING, AND HAZARDS.
Amend Section 603.11 to the 2022 California Fire Code to read as follows :
603.11 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 discom1ects. Manual reset of required protection devices shall be
provided.
SECTION 605 FUEL-FIRED APPLIANCES.
Ordinance No. 22-2245
Page 62
Amend Section 605.5 as follows:
605.5 Portable unvented heaters. Portable mwented fuel-fired heating equipment
shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1
and R-4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are
permitted to be used in one and two-family dwellings, where operated and
maintained in accordance with the manufacturer's instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section
605.5.2.
Amend Section 605.5 .2.1.1 to the 2022 California Fire Code to read as follows:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired
heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
16 .40.110 Chapter 7 -Fire and Smoke Protection Features.
Add Section 703.3 to read:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings
assigned to Risk Category III or IV, or in fire areas containing Group R occupancies
with an occupant load greater than 100, and other occupancies as determined necessary
special inspections for through-penetrations, membrane penetration firestops, fire
resistant joint systems and perimeter fire containment systems that are tested and listed
in accordance with CBC Sections 714.4.1.2, 714.5 .1.2, 715.3.1 and 715.4 shall be in
accordance with Section 1705.18.1 or 1705.18.2.
16.40.120 Chapter 8 -Decorative Vegetation in New and Existing Buildings.
Ordinance No. 22-2245
Pa ge 63
Amend Section 806.1.1 of the 2022 California Fire Code to read as follows:
806.1.1 Restricted occupancies. The display of natural cut trees and other decorative
vege tation shall be in accordance with the California Code of Regulations, Title 19,
Division 1, §3.08 and Sections 806 .1 through 806.4.
16.40.140 Chapter 9 -Fire Protection and Life Safety Systems.
Amend Section 901.6.2 of the 2022 California Fire Code to read as follows:
901.6 .2 Integrated testing. Where two or more fire protection or life safety systems
are interconnected, the intended response of subordinate fire protection and life safety
sys tems shall be verified when required testing of the initiating system is conducted. In
addition, integrated testing shall be performed in accordance with Sections 901.6.2.1
and 901 .6.2 .2.
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall
comply with NFP A 4, with an integrated test performed prior to issuance of the
certificate of occupancy and at intervals not exceeding 10 years, ml.less otherwise
specified by an integrated system test plan prepared in accordance with NFP A 4 . If
an equipment failure is detected during integrated testing, a repeat of the integrated
test shall not be required, except as necessary to verify operation of fire protection
or life safety functions that are initiated by equipment that was repaired or
replaced. For existing buildings, the testing timeframe shall be specified by the
integrated systems test plan prepared in accordance with NFP A 4 as approved by
the fire code official.
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a
smoke control system as outlined in Section 909, integrated testing shall comply
with NFP A 4, with an integrated test performed prior to issuance of the certificate
of occupancy and at intervals not exceeding 10 years, tmless otherwise specified by
an integrated system test plan prepared in accordance with NFP A 4. If an
equipment failure is detected during integrated testing, a repeat of the integrated
test shall not be required, except as necessary to verify operation of fire protection
or life safety ftmctions that are initiated by equipment that was repaired or
replaced. For exis ting buildings, the testing timeframe shall be specified by the
integrated systems test plan prepared in accordance with NFP A 4 as approved by
the fire code official.
Ordinance No. 22-2245
Page 64
Amend Section 901.6.3 of the 2022 California Fire Code to read as follows:
901.6.3 Records. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a
minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing
and maintenance documentation requirements .
Amend Section 903.2 of the 2022 California Fire Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing
buildings and struchues shall be provided in the locations described in this Section or in
Sections 903 .2.1 through 903 .2.18 whichever is the more restrictive and Sections 903.2.14
through 903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows:
Exceptions:
a. Buildings and struchues not located in any Wildland-Urban Interface and not
exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and
not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used
exclusively for vehicle parking which meet all of the following conditions:
1. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides or not less than 75% of
structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar
structures, unless area is separated by fire walls complying with CBC 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding
5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a
period of not more than one year.
Ordinance No. 22-2245
Page 65
2. An automatic sprinkler system shall be installed throughout all new buildings with
a Group R fire area.
Exception:
Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The mi.it meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have aut omatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
d. The tmit is on the same lot as the primary residence.
e. The .tmit meets all apparatus access and water supply requirements of Chapter 5
and Appendix B of the 2022 California Fire Code.
3. An approved automatic fire sprinkler sys tem shall be installed in new manufactured
homes (as defined in California Health and Safety Code Sections 18007 and 18009)
and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of the
California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with
a Group R fire area when additions are made causing the fire area to exceed 3,600
square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E,
F, L, M, Sand U buildings and structures, when additions are made that increase the
fire area to more than 3,600 square feet or that create conditions described in Sections
903.2.1 through 903 .2.18.
6. Any change in the character of occupancy or in use of any building with a building
area equal to or greater than 3,600 square feet whlch, 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 safety1 or increased fire risk2, shall require the installation of
an approved automatic fire sprinkler system.
Ordinance No. 22-2245
Page 66
1 Life Safety -Shall include, but not limited to: Increased occupant load, public
assembly areas, public meeting areas, churches, indoor amusement attractions,
buildings with complex exiting systems due to increased occupant loads, large
schools/day-care facilities, large residential care facilities with non-ambulatory;
2 Fire Risks -Shall include, but not limited to: High-piled combustible storage,
woodworking operations, hazardous 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).
Add Section 903.2.11.7 to read:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire
extinguishing systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in
which flammable liquids are handled
2. If a hazard assessment determines that an automatic extinguishing system is
required for the chemical fume hood, then the applicable automatic fire
protection system standard shall be followed.
Amend Section 907.8 to read:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules
and procedures for fire alarm and fire detection systems shall be in accordance with
Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and
maintenance shall be documented using NFP A 72 record of inspection and testing
forms.
Amend Section 909.22.1 of the 2022 California Fire Code to read as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be
initiated immediately after the smoke control system has passed the acceptance tests. A
written schedule for routine maintenance and operational testing shall be established
and operational testing must occur at least annually.
16.40.160 Chapter 12 -Energy Systems.
SECTION 1202 DEFINITIONS
Ordinance N o . 22-2 245
Pa ge 67
Amend Section 1202 .1 to read:
1202.1 Definitions. The following terms are defined in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATTERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT .
EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS .
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.
ENERGY STORAGE SYSTEM, MOBILE .
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE SYSTEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, STATIONARY.
LARGE-SCALE FIRE TESTING.
PORTABLE GENERATOR.
STANDBY POWER SYSTEM.
Amend Section 1207.1.5 to read:
1207 .1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale
fire testing shall be conducted in accordance with NFP A 855, and UL 9540A. The
testing shall be conducted or witnessed and reported by an approved testing laboratory
and show that a fire involving one ESS will not propagate to an adjacent ESS, and
where installed within buildings, enclosed areas and walk-in muts will be contained
within the room, enclosed area or walk-in unit for a duration equal to the fire-
resistance rating of the room separation specified in Section 1207 .7.4 . The test report
shall be provided to the fire code official for review and approval in accordance with
Section 104 .8.2.
Amend Section 1207.2.2.1 to read:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS
installation shall be inspected and tested in accordance with the manufacturer's
ins tructions and the operation and maintenance manual. Inspection and testing records
Ordinance No . 22-2245
Page 68
shall be maintained in the operation and maintenance manual and made available to the
fire code official upon request.
Amend Section 1207.5.2 to read:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-
in units containing electrochemical ESS shall not exceed the maximum allowable
quantities in Table 1207.5. The allowable number of fire areas, maximum allowable
quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5 .1.
Exceptions:
Where approved by the fire code official, rooms, areas and walk-in units containing
electrochemical ESS that exceed the amo1mts in Table 1207.5 shall be permitted
based on a hazardous mitigation analysis in accordance with Section 1207.1.4 and
large-scale fire testing complying with Section 1207.1.5.
1. Lead-acid and nickel-cadmium batte1y systems installed in facilities under the
exclusive control of communications utilities and operating at less than 50 V AC
and 60 VDC in accordance with NFP A 76.
2. Dedicated-use buildings in compliance with Section 1207.7.1.
TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENTAGE NUMBER FIRE-
OF OF FIRE RESISTANCE
MAXIMUM AREAS RATING FOR
ALLOWABLE PER FIRE
QUANTITY STORY BARRIERS IN
PER FIRE HOURS
AREA
Above grade plan Higher than 9 25 1 3
7-9 50 2 2
6 50 2 2
5 50 2 2
4 75 4 2
3 100 6 2
2 100 6 2
1 100 6 2
Or din an ce No. 22 -2245
Pa ge 69
Below g rad e plan 1
2
100 4 3
50 2 3
Low er than 2 Not Allowed Not Allowed Not Allowed
Amend Section 1207.5.5 to read:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in
units containing electrochemical ESS shall be protected by an automatic fire
suppression system designed and installed in accordance with one of the following:
1. An automatic sprinkler system designed and installed in accordance with Section
903.3 .1.1 with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based on the fire area
or 2,500 square-foot (232 m2) design area, whicl1ever is larger.
2. Where approved, an automatic sprinkler sy s tem designed and installed in
accordance with Section 903.3.1.1 with a sprinkler haz ard classification based on
large-scale fire testing complying with Section 1207.1.5 .
3. The following alternative automatic fire-extinguishing systems designed and
installed in accordance with Section 904, provided that the installation is approve d
by the fire code official based on large-scale fire testing complying with Section
1207.1.5 :
3.1. NFPA 12, St andard on Carbon Dioxide Extinguishing Systems .
3.2 . NFP A 15, Standard for Water Spray Fixed Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.
3.5 . NFPA 2010, Standard for Fi xed Aerosol Fire-E x tinguishing Systems.
Exception: Fire suppression syste ms for lead-acid and nickel-cadmium battery
systems at facilities under the exclusive control of communications utilities that
operate at less than 50 V AC and 60 VDC shall be provided where required by
NFPA 76.
Amend Section 120 7.11 .3 to read:
Ordinance No. 22-2245
Page 70
1207.11.3 Location. ESS shall be installed only in the following locations:
1 . Detached garages and detached accessory struch1res.
2. Attached garages separated from the dwelling mut living space and sleeping
muts in accordance with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914
mm) from doors and windows directly entering the dwelling unit and not below
or above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling
muts with finished or noncombustible walls and ceilings. Walls and ceilings of
mtli.Iushed wood-framed construction shall be provided with not less than 5/8-
inch (15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into
sleeping rooms or in habitable spaces of dwelling muts .
Amend Section 1207.11 .6 to read:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall
comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages i.11 wluch ESS are installed shall be pro tected by smoke alarms in
accordance with Section 907.2.11.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in
locations within dwelling units, sleepi.11g units and attached garages where
smoke alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is
i.11terconnected with devices that provide an audible alarm at all sleeping
areas.
2. A fire spri.11kler associated with an approved automatic sprinkler system that
triggers an audible alarm upon activation of the waterflow switch, may be
used in place of a heat alarm.
Ordinance No. 22 -22 45
Pa ge 71
16.40.180 Chapter 33 -Fire Safety During Construction and Demolition.
Amend Section 3305.5 as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan
established in accordance with Section 3303.1, a fire watch shall be provided for
building demolition and for building construction. Fire watch is not intended to
facilitate occupancy during ongoing construction in a new building.
Add Section 3305.10 to read:
3305.10 Fire Walls. When firewalls are required in combustible construction, the
wall construction shall be completed (with all openings protected) immediately after
the building is sufficiently weather-protected at the location of the wall(s).
Add Section 3311.1.1 of the 2022 California Fire Code to read as follows:
3311.1.1 Fire Department Access Roadways: All construction sites shall be
accessible by fire department apparatus by means of roadways having an all-weather
driving service of not less than 20ft. of tmobstructed width. The roads shall have the
ability to withstand the live loads of fire apparatus, and have a minimum 13ft. 6 in. of
vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be
provided with approved tmnarounds.
When approved by the Fire Code Official, temporary access roadways may be
utilized tmtil such time that the permanent roadways are installed. As a minimum, the
roadway shall consist of a compacted sub base and six (6) inches of road base material
(Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The
perimeter edges of the roadway shall be contained and delineated by curb and gutter
or other approved method. The use of geotextile reinforcing fabric tmderlayment or
soils lime-treatment may be required if so determined by the project civil engineer.
Provisions for surface drainage shall also be provided where necessary. The integrity of
the roadway shall be maintained at all times.
Amend Section 3312.1 as follows:
3312.1 Stairways Required. Each level above the first story in multi-story buildings that
require two exit stairways shall be provided with at least two usable exit stairways after
Ordinance No. 22-2245
Page 72
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 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 3312.4 to read:
Section 3312.4 Required Means of Egress. All buildings tmder construction shall
have at least one tmobstructed means of egress. All means of egress shall be identified in
the written fire safety plan as required by Section 3303 .1.
Amend Section 3315 .1 to read:
3315.1 Completion before occupancy. In buildings where an automatic sprinkler
system is required by this code or the California Building Code, it shall be unlawful t o
occupy any portion of a building or structure until the automatic sprinkler system
installation has been tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler
systems are required to be installed, the system shall be placed in service as soon as
possible. Immediately upon the completion of sprinkler pipe installation on ea.ch floor
level, the piping shall be hydrosta.tically tested and inspected. After inspection
approval from the Fire department, ea.ch floor level of sprinkler piping shall be
connected to the system supply riser and placed into service with all sprinkler heads
tmcovered. Protective caps may be installed on the active sprinklers during the
installation of drywall, texturing and painting, but shall be removed immediately after
this work is completed. For system activation notification, an exterior audible
wa.terflow a.la.rm shall be installed and connected to the sprinkler wa.terflow device
prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that a.re tmdergoing alterations,
the sprinkler system(s) shall remain in service at all times except when system
modifications a.re necessary. Fire sprinkler systems undergoing modifications shall be
reh1med to service at the end of ea.ch workday unless otherwise approved by the fire
department. The General contractor or his/her designee shall check the sprinkler
Ordinance No. 22 -22 45
Pa ge 73
control valve(s) at the end of each workday to confirm that the system has been
restored to service.
16.40.200 Chapter 49 -Requirements for Wildland-Urban Interface Fire Areas.
Add Section 4901.3 to read:
4901.3 Where applicable. These requirements shall apply to all areas within the
City of Cupertino as set forth and delineated on the map entitled "Wildland-Urban
Interface Fire Area" which map and all notations, references, data and other
information shown thereon are hereby adopted and made a part of this Chapter. The
map properly attested, shall be on file in the Office of the City Clerk of the City of
Cupertino.
Add Section 4901 .4 to read:
4901.4 Exemptions. These requirements shall not apply to any land or water area
acquired or managed for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate
for listing as an endangered or tlu-eatened species by the state or federal
goven1ment.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or
animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by state or
federal law.
Add Section 4906.1. l to read:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity
of potential exterior wildfire exposure to buildings, to reduce the risk of fire
spreading to buildings, and provide for safe access for emergency wildland fire
equipment and civilian evacuation concurrently, as required by applicable laws and
standards.
Add Section 4906.1.2 to read:
Ordinance No. 22-2245
Page 74
4906.1.2 Maintenance required. Maintenance is required to ensure conformance
with these standards and measures, and to assure continued availability, access, and
utilization, of the defensible space during a wildfire.
Add Section 4906.1.3 to read:
4906.1.3 Additional measures. No person subject to these regulations shall permit
any fire hazard, as defined in this chapter, to exist on premises under their control, or
fail to take immediate action to abate a fire hazard when requested to do so by the
enforcing agency.
Add Section 4906.1.4 to read:
4906.1.4 Exemption. For the purposes of this chapter, vegetation removal or
management, tmdertaken in whole or in part, for fire prevention or suppression
purposes shall not be deemed to alter the natural condition of public property.
Amend Section 4907.3 to read:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads,
driveways, and struchires shall be maintained in accordance with the following laws
and regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article
3, Section 1299.03.
3. California Government Code, Sections 51175 -51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section
3.07.
5. Any local ordinance of the City of Cupertino.
16.40.220 Chapter 50 -Hazardous Materials -General Provisions.
Amend Section 5001.2.2.2 of the 2022 California Fire Code to read as follows :
Ordinance No. 22 -2245
Pa ge 75
5001.2.2.2 Health Hazards The material categories liste d in this sec ti on are cla ssifi e d
as health hazards. A material with a prima1y 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 h ealth hazards .
Add Section 5001.5.3 to the 2022 California Fire Code to read as follows:
5001.5.3 Hazardous materials business plan (HMBP). Where required by the fire
code official, facilities shall submit a H azardous Materials Business Plan (HMBP) as
required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500
through 25545, and Title 19, Division 2, Chapt er 4. He HMBP shall be electronically
submitted in accordance with the fir e code official's requested timeframe and no le ss
fr e quently than is required by the HSC.
Amend Section 5002.1 to read:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONTAINER.
CONTAINER.
CONTROL AREA.
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
Ordinance No. 22-2245
Page 76
HANDLING.
HAZARDOUS MATERIALS.
HEAL TH HAZARD.
HEAL TH HAZARD -OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND HEAL TH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MOD ERA TEL Y TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
Add Section 5003.1.3.1 to the 2022 California Fire Code to read as follows:
5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic Gases and Similarly Used or
Handled Materials. The storage, use and handling of highly toxic, toxic and moderately
toxic gases in amotmts exceeding Table 6004.2 .1.4 shall be in accordance with this chapter
and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used or
handled as a gas or vapor shall be in accordance with the requirements for toxic, highly
toxic or moderately toxic gases.
Ordinance No. 22 -22 45
Page 77
Add Section 5003.1.5 to the 2022 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 amotmts
exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 potmds for solids shall
be in accordance with this Section 5003.
Add Section 5003.1.6 to the 2022 California Fire Code to read as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In
addition to the requirements set forth in Section 5004 .2, an approved containment system
is required for any quantity of hazardous materials, that are liquids or solids at normal
temperah1re, and pressure (NTP) where a spill is determined to be a plausible event and
where such an event would endanger people, property or the environment. The
approved containment system may be required to include a combination of spill control
and secondary containment meeting the design and construction requirements set forth
in Section 5004.2.
Amend Section 5003.2 .2.1 of the 2022 California Fire Code to read as follows:
5003.2.2.1 Design and Construction. Piping, h1bing, 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 that are 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 .l and the
Santa Clara County Fire Chiefs Marking Requirements and Guidelines for
Hazardous Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves
shall be installed on supply piping and tubing and provided with ready access at
the following locations:
3.1. The point of use.
3.2. The tank, cylinder or bulk source.
Ordinance No. 22-2245
Page 78
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.
5. Backflow prevention or check valves shall be provided where the backflow of
hazardous materials could create a hazardous condition or cause the
unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFP A 704 are carried in pressurized piping above 15 potmds
per square inch gauge (psig) (103 Kpa), an approved means of leak detection and
emergency shutoff or excess flow control shall be provided. Where the piping
originates from within a hazardous material storage room or area, the excess flow
control shall be located within the storage room or area. Where the piping
originates from a bulk source, the excess flow control shall be located as close to
the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be
provided for piping for liquid hazardous materials and for highly toxic and toxic
corrosive gases above threshold quantities listed in Tables 6004.2.1.4. Secondary
containment includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under 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.
Ordinance No . 22-2245
Page 79
Amend Section 5003 .2.2 .2 of the 2022 California Fire Code to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and h1bing 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.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of lx1Q-9 cubic centimeters/second where practical, or shall pass
testing in accordance with an approved, nationally recognized standard. Tests
shall be conducted by a qualified "third party" not involved with the construction
of the piping and control systems.
Exception: Piping and tubing within the space defined by the walls of corridors
and the floor or roof above or in concealed space above other occupancies when
installed in accordance with Section 415.11 of the California Building Code for H-
5 Occupancies.
Adopt Section 5003.5.2 of the 2022 California Fire Code to read as follows:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
Adopt Section 5003.5 .3 of the 2022 California Fire Code to read as follows :
5003.5.3 "H'' Occupancies. In "H'' occupancies, 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.
Amend Section 5003.10.4 of the 2022 California Fire Code to read:
Ordinance No . 22-2245
Page 80
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other
passengers other than in the individual(s) handling the chemical transport cart.
5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there
shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of
20 liters (5.28 gal).
5003.10.4.3 Highly toxic, toxic and moderately toxic gases shall be limited to a
container of a maximum water capacity of 1 lb.
5003.10.4.4 Means shall be provided to prevent the elevator from being summoned
to other floors.
Amend Section 5004.2.1 of the 2022 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 in individual vessels having a capacity
of more than 55 gallons (208 L) or in which the aggregate capacity of multiple vessels
exceeds 1,000 gallons (3785 L), shall be provided with spill control to prevent the flow
of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor
locations shall be 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 and outdoor locations or similar areas provided
with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombus tible material, and the liquid-tight seal shall be compatible
with the material stored. When liquid-tight sills or dikes are provided, they are not
required at perimeter openings having an open-grate trench across the opening that
connects to an approved collection system.
Ordinance No. 22-2245
Page 81
Amend Section 5004.2.2.2 of the 2022 California Fire Code to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from
each other in independent secondary containment systems.
Amend Section 5004.2.3 of the 2022 California Fire Code as follows:
16.40.230 Chapter 54 -Corrosive Materials .
Amend Section 5402.1 of the 2022 California Fire Code to read as follows:
5402.1 Definitions. The following terms is defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
16.40.240 Chapter 56 -General -Explosives and Fireworks.
Amend Section 5601.1.3 of the 2022 California Fire Code to read as follows :
5601.1.3 Fireworks. The possession, manufachire, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exception: The use of fireworks for fireworks displays pyrotechnics before a
proximate audience and pyrotechnic special effec ts in motion pichtres, television,
theatrical or group entertainment productions as allowed in Title 19, Division 1,
Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division
11.
16.40.260 Chapter 57 -Flammable and Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2022 California Fire Code to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA
Ordinance No. 22-2245
Page 82
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside abovegrotmd tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9 .7.5 (Item 1, Sub-item 1.1).
An approved means or method in accordance with Section 5704 .2.9 .7.5 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel -
burning equipment inside buildings.
Exception: Outside abovegrmmd tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
Add Section 5704.2.7.5.9 of the 2022 California Fire Code to read as follows:
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 .
Amend Section 5704.2.9.6 .1 of the 2022 California Fire Code as follows :
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-grotmd tanks outside of buildings is prohibited in all locations
of the City of Cupertino which are residential or congested commercial areas as
determined by the fire code official.
Amend Section 5706.2.4 .4 of the 2022 California Fire Code as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-ground tanks outside of buildings is prohibited in all locations
of the City of Cupertino which are residential or congested commercial areas as
determined by the fire code official.
Amend section 5707.3 .3 of the 2022 California Fire Code a s follows:
Ordinan ce No. 22-2245
P age 83
5707.3.3 Site plan. A site plan shall be develop e d for each location or area at which
mobile fueling occurs. The site plan shall be in sufficient detail to indicate the
following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4 . Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or h.mction.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9 . Information regarding slope, natural drainage, curbing and impmmding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
16.40.280 Chapter 58 -Flammable Gases and Flammable Cryogenic Fluids.
Amend Section 5806 .2 of the 2022 California Fire Code as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited in all locations of the City of Cupertino which are
residential or congested commercial areas as determined by the fire code official.
Amend Section 5809.3.4 of the 2022 California Fire Code as follows:
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be
developed for each location at which mobile gaseous hydrogen fueling occurs. The site
plan shall be in sufficient detail to indicate; all buildings, structures, lot lines, property
lines and appurtenances on site and their use and ftmction, and the scale of the site
plan.
16.40.300 Chapter 60 -Highly Toxic and Toxic Materials.
Amend Section 6001.1 of the 2022 Califo1nia Fire Code to read as follows:
6001.1 Scope . The storage and use of highly toxic, tox ic and moderately toxic
materials shall comply with this chapter. Compres sed gases shall also comply with
Chapter 53 .
Ordinance N o . 22-2245
Page 84
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies
complying with Section 5003 .11.
2. Conditions involving pesticides or agriculhual products as follows:
2.1 Application and release of pesticide, agricultural products and
materials intended for use in weed abatement, erosion control, soil
amendment or similar applications when applied in accordance
with the manufacturer' s instruction and label directions.
2.2 Trar1sportation of pesticides in compliance with the Federal
Hazardous Materials Transportation Act and regulations
there1.mder.
2.3 Storage in dwellings or private garages of pesticides registered by
the U .S. Environ-mental Protection Agency to be utilized in and
around the home, garden, pool, spa and patio.
Amend Section 6004 .1 of the 2022 California Fire Code to read as follows :
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic
compressed gases shall comply with this section.
Amend Section 6004.1.1 of the 2022 California Fire Code to read as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The
indoor storage and use of highly toxic, toxic and moderately toxic compressed gases
in certain occupancies shall be subject to the limitations contained in Sections
6004.1.1 .1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxi_c and
moderately toxic compressed gases shall not be stored or used within Group
A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0 .556m3) at normal
temperah1re and pressure (NTP) are allowed within gas cabinets or fume
hoods.
Ordinance No. 22-2245
Page 85
6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic
compressed gases shall not be stored or u sed in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and
moderately t oxic compressed gases shall not be stored or used in offices, retail
sales or classroom portions of Group B, F, Mor S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity
not exceeding 20 cubic feet (0.566 m 3) at NTP are allowed in gas cabinets or
fume hoods.
Amend Section 6004.2 of the 2022 California Fire Code to read as fo ll ows:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, to xic or
moderately toxic compressed gases shall be in accordance with Sections 6004.2 .1 through
6004 .2.4.
Amend Section 6004.2.1 of the 2022 California Fire Code to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor
storage and use of highly toxic, toxic, and moderately toxic compressed gases shall
be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.
Adopt Section 6004.2.1.4 of the 2022 California Fire Code to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not
exceeding the maximum allowable per control area. The indoor storage or use
of highly toxic, toxic and moderately toxic gases in amo1mts not exceeding the
minimum threshold quantities per control area set forth in Table 6004.2.1.4 but
not exceeding maximum allowable quantity per control area set forth in Table
5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004 .1 and
6004.4.
Add Table 6004.2.1.4 to the 2022 Califon1ia Fire Code to read as follows :
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Ordinance No. 22-2245
Page 86
Add Section 6004.4 to the 2022 California Fire Code to read as follows:
6004.4 General indoor requirements. The general requirements applicable to the
indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall
be in accordance with Sections 6004.4 through 6004.4.8.2.
Add Section 6004.4.1 to the 2022 California Fire Code to read as follows:
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas
cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be
located within gas rooms or exhausted enclosures .
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
Add Section 6004.4.2 to the 2022 California Fire Code to read as follows:
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted
enclosures are located shall be provided with exhaust ventilation. Gas cabinets or
exhausted enclosures shall not be used as the sole means of exhaust for any room or
area .
Add Section 6004.4.3 to the 2022 California Fire Code to read as follows:
6004.4.3. Piping and controls . In addition to the requirements of Section
5003.2 .2, piping and controls on stationary tanks, portable tanks, and cylinders shall
comply with the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with
a means of excess flow control on all tank and cylinder inlet or outlet
connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
Add Section 6004.4.4 to the 2022 California Fire Code to read as follows :
Ordina n ce No. 22-22 45
Page 87
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of
the following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust
system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fir e-extinguishing systems shall not b e used.
Add Section 6004.4.5 to the 2022 California Fire Code to read as follow s :
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets,
exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed
to a treatment system. The treatment system shall be utilized to handle the
accidental release of gas and to process exhaust ventilation. The treatment system
shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7 .5 and
Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, to xic, and moderately toxic gases-storage . A treatment system is not
required for cylinders, containers and tanks in storage where all of the following
controls are provided:
1.1 Valve outlets are equipped with gas-tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases -use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary
tanks, portable tanks, or cylinders where a gas detection system complying with
Section 6004.4.8 and listed or approved automatic-closing fail-safe valves are
provided. The gas detection system shall have a sensing interval not exceeding 5
minutes. Automatic-closing fail-safe valves shall be located immediately adjacent
to cylinder valves and shall close when gas is detected at the permissible exposure
limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge
from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
Add Section 6004.4 .5.1 to the 2022 California Fire Code to read as follow s :
Ordinance No. 22-2245
Page 88
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing,
absorbing, containing, neutralizing, burning or otherwise processing the
contents of the largest single vessel of compressed gas. Where a total
containment system is used, the system shall be designed to handle the
maximum anticipated pressure of release to the system when it reaches
equilibrium.
Add Section 6004.4.5.2 to the 2022 California Fire Code to read as follows:
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the
maximum allowable dis-charge concentrations of the gas to one-half immediate
by dangerous to life and health (IDLH) at the point of discharge to the
atmosphere. Where more than one gas is emitted to the treatment system, the
treatment system shall be designed to handle the worst-case release based on the
release rate, the quantity and the IDLH for all compressed gases stored or used.
Add Section 6004.4 .5.3 to the 2022 California Fire Code to read as follows:
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum
worst-case release of gas based on the maximum flow rate of release from the
largest vessel utilized. The entire contents of the largest compressed gas vessel
shall be considered.
Add Section 6004.4 .5.4 to the 2022 California Fire Code to read as follows:
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the
maximum rate of release for the compressed gas contained based on valves or
fittings that are inserted directly into the tank. Where multiple valves or fittings
are provided, the maximum flow rate of release for valves or fittings with the
highest flow rate shall be indicated. Where liquefied compressed gases are in
contact with valves or fittings, the liquid flow rate shall be utilized for
computation purposes. Flow rates indicated on the label shall be converted to
cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and
pressure (NTP).
Add Section 6004 .4.5.5 to the 2022 California Fire Code to read as follows:
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release
for portable tanks and cylinders shall be calculated base d on the total release
from the cylinder or tank within the time specified in Table 6004.2.2.7 .5. Where
portable tanks or cylinders are equipped with approved excess flow or reduced
Ordinance No. 22-2245
Page 89
flow valves, the worst-case r elease shall be determine d by the maximum
ad1.ievable flow from the valve as determined by the valve manufacturer or
compressed gas supplier. Reduced flow and excess flow valves shall be
permanently marked by the valve manufacturer to indicate the maximum
design flow rate . Such markings shall indicate the flow rate for air under normal
temperahue and pressure.
Add Section 6004.4 .6 to the 2022 California Fire Code to read as follows:
6004.4.6. Emergency power. Emergency power shall be provided for the
following sys tems in accordance with Section 604:
1. Exhaust ventilation sys t em.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
Add Section 6004 .4.6.1 of the 2022 California Fire Code to read as follows:
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for
mechanical exhaust ventilation and treatment systems where approved fail-sa fe
systems are installed and designed to stop gas flow.
Add Section 6004.4.7 of the 2022 California Fire Code to read as follows:
6004 .4.7 Automatic fire detection system . An approved automatic fire detection
system shall be installed in rooms or areas where highly toxic, toxic, and
moderately toxic compressed gases are stored or used. Activation of the detection
system shall sound a local alarm. The fire detection syst em shall comply with
Section 907.
Add Section 6004.4.8 of the 2022 California Fire Code to read as follows :
6004.4.8. Gas detection system. A gas detection system complying with Section
916 shall be provided to detect the presence of gas at or below the PEL or ceiling
limit of the gas for which detection is provided.
Exceptions:
Ordinance No. 22-2245
Page 90
1. A gas detection sys tem is not required for toxic and moderately toxic gases
when the physiological warning threshold level for the gas is at a level below
the accepted PEL for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately
toxic gases where cylinders, portable tanks, and all non-continuously welded
com1ects are within a gas cabinet or exhausted enclosures.
Add Section 6004.4.8.1 of the 2022 California Fire Code to read as follows:
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and
transmit a signal to an approved location.
Add Section 6004.4.8.2 of the 2022 California Fire Code to read as follows:
6004.4.8.2. Shut off of gas supply. The gas detection system shall
automatically close the shut off valve at the source on gas supply piping and
tubing related to the system b eing monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and
moderately toxic compressed gas systems where all of the following controls
are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
16.40.320 Chapter 61 -Liquefied Petroleum Gases.
Amend Section 6104.2 of the 2022 California Fire Code as follows:
6104.2 Maximum capacity within established limits. Within the limits established
by law restricting the storage of liquefied petroleum gas for the protection of heavily
populated or congested areas, the aggregate capacity of any one installation shall not
exceed a water capacity of 2,000 gallons (7,570 L) in all locations of the City of
Cupertino which are residential or congested commercial areas as determined by the
fire code official.
Exception: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or
cooking us es may be permitted if stored and handled in accordance with this code.
Ordinance No. 22-2245
Page 91
Facilities in commercial areas for refueling portable or mobile LPG containers may be
approved by the fire code official on a case by ca se basis .
16.40.340 Chapter 64 -Pyrophoric Materials.
Add Section 6405.3.1 to the 2022 California Fire Code to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems
shall automatically shut down at the source upon activation of the gas detection system at
levels above the alarm level and/or failure of the ventilation system for the silane
distribution system
16.40.360 Chapter 80 -Referenced Standards.
Add the following Referenced Standard to Chapter 80 of the 2022 California Fire
Code to read:
NFPA
855-20: Standard for the Installation of Stationa1y Energy Storage Systems
16.40 .380 Appendix B -Fire-Flow Requirements for Buildings.
Amend Section BlOS.2 of Appendix B of the 2022 California Fire Code to read:
B105.2 Buildings other than one-and two-family dwellings, Group R-3 and R-4
buildings and townhouses. The minimum fire-flow and flow duration for buildings
o ther than one-and two-family dwellings, Group R-3 and R-4 buildings and
townhouses shall be as specified in Tables BlOS.1(2) and BlOS .2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not
exceeding 1,000 square feet, primarily constructed of noncombustible exterior
walls with wood or steel roof framing, having a Class A roof assembly, with uses
limited t o the following or similar uses:
1. California State Parks buildings of an accesso1y nahue (restrooms).
Ordinance No. 22-2245
Page 92
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection
bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000
square feet and residential podium buildings shall not exceed 25 percent of the fire
flow specified in Table B105 .1(2). The maximum fire flow reduction for all other
buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).
16.40.400 Appendix C -Fire Hydrant Locations and Distribution.
Amend Section C102 of Appendix C of the 2022 California Fire Code to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire
hydrants available to a building shall be not less than the minimum specified in Table
C102.l, utilizing the base fire flow without fire sprinkler reduction.
16.40.420 Appendix D -Fire Apparatus Access Roads.
Delete Section D103.1 as follows:
Amend Section D103.2 as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall
not exceed 15-percent, unless approved by the fire code official.
Amend Section D103 .3 as follows :
D103.3 Turning radius. The required turning radius of a fire apparatus access roads
shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.
Amend Section D103.4 to read:
D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in
excess of 150 feet ( 45 720 mm) shall be provided with width and hirnaround provisions
Ordinance No. 22-2245
Pa ge 93
in accordan.ce with Santa Clara Cotmty Fire Department apparatus access and
h1rnarotmd standards .
Amend Section D103.6 to read:
D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads
shall be designated and marked as a fire lane as set forth in Section 22500.1 of the
California Vehicle Code and the Santa Clara County Fire Department A-6 Standard.
Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches ( 457
mm) high and have red letters on a white reflective backgrotmd. Signs shall be posted
on one or both sides of the fire apparatus road as required by Section D103.6.1 or
D103.6 .2.
Chapter 16.42 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.42 to be entitled, numbered, and to read as follows:
CHAPTER 16.42: PROPERTY MAINTENANCE CODE
A. The provisions of the 2021 International Property Maintenance 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.
B. 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 and are made available for public
inspection.
Chapter 16.54 of the Cupertino Mmucipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.54 to be entitled, numbered, and to read as follows:
CHAPTER 16.54: ENERGY CODE
A. The provisions of the 2022 California Energy Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this
chapter, and is by such reference adopted.
B. 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 and are made available for public
inspection.
Ordinance No. 22-2245
Page 94
[Title 16 -Chapter 16.56 -No Change]
Chapter 16.58 of Title 16 of the Cupertino Mtmicipal Code is hereby repealed in its entirety
and replaced with the following Chapter 16.58 to be entitled, numbered, and to read as
follows:
Chapter 16.58: GREEN BUILDING STANDARDS CODE
Section
16.58.010
16.58.015
16.58.020
16.58.030
16.58.040
16.58.100
16.58.110
16.58.120
15.58.130
16.58.140
16.58.150
16.58.160
16.58.170
16.58.180
16.58 .190
16.58 .200
16.58 .210
16.58.220
16 .58.230
16.58 .240
16.58.250
16.58.260
16.58 .280
16.58.300
16.58.310
16.58.400
16.58.420
Adoption of the 2022 California Green Building Standards Code.
Adoption of Appendix Chapters.
Local Amendments.
Title.
Scope.
Mandatory Requirements.
Project Types.
Residential Projects.
Residential New Construction -Equal To or Less Than Nine (9) Homes.
Residential New Construction -Greater than Nine (9) Homes .
Major Multi-Family Residential Renovations/Additions
Non-Residential New Construction, Small.
Non-Residential New Construction, Medium.
Non-Residential New Construction, Large.
Non-Residential Renovation/Additions, Minor.
Non-Residential Renovations/Additions, Major.
Tenant Improvements.
Mixed-Use.
Table 101.10-Added.
Alternate Green Building Standards.
Verification.
Exemptions.
Definitions.
Compliance with Local Water-Efficient Landscape Ordinance -Residential.
Compliance with Local Water-Efficient Landscape Ordinance -Non-
Residential.
Electrical Vehicle (EV) Charging -Residential.
Electrical Vehicle (EV) Charging -Non-Residential.
Ordinance No . 22-2245
Page 95
16.58.010 Adoption of the 2022 California Green Building Standards Code.
A. The provisions of the 2022 California Green Building Standards Code and each and
all of the regulations, provisions, conditions and terms of the code is referred to as if
fully set forth in this chapter, and, except as to additions, deletions and
amendments hereinafter described, such code is hereby adopted and made a part
hereof, the same as if fully set forth in this Chapter.
1. In accordance with California Health and Safety Code Sections 17958.7 and
18941.5, express findings that modifications to the California Green Building
Standards Code are reasonably necessary because of local climatic, geological, or
topo graphical conditions are either already on fil e with the California Building
Standards Commission or will be filed prior to the effective date of the
ordinance codified in this Chapter.
B. 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 and is made available for public
inspection.
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2022 California Green Building Standards Code
have been adopted.
16.58.020 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the
cross-referenced provisions of the 2022 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.
16.58.030 Title.
Amend Section 101.1 of the 2022 California Green Building Standards Code to read
as follows:
Ordinance No. 22-2245
Page 96
101.1 Title. These regulations shall be known as the California Green Building
Standards Code as amended by the City of Cupertino and may be cited as such and
will be referred to herein as "this code." The California Green Building Standards Code
as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the
official compilation and publication of the adoption, amendment, and repeal of
building regulations to the California Code of Regulations, Title 24, also referred to as
the California Building Standards Code.
16.58.040 Scope.
Amend Section 101.3 of the 2022 California Green Building Standards Code to read
as follows:
101.3 Scope. The provisions of this code shall apply to the planning, design,
operation, construction, use and occupancy of every newly constructed building or
structure, tmless otherwise indicated in this code for the City of Cupertino.
The California Green Building Standards Code also is hereby amended to apply to
additions, renovations and tenant improvements of privately-owned buildings and
structures in accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be identified as meeting the
certification requirements of any private, third-party green building program.
16.58.100 Mandatory Requirements.
Amend Section 101.10 of the 2022 California Green Building Standards Code to read
as follows:
101.10 Mandatory Requirements. This code contains mandatory green 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 2022 California Green
Building Standards Code as adopted by the state in addition to local amendments
included in this code, regardless of height or number of stories, tmless specifically
exempted by this code.
Ordinance No. 22-2245
Page 97
16.58.110 Project Types.
Add Section 101.10 .1 of the 2022 California Green Building Standards Code t o read
as follows:
101.10.1 Project Types -as set forth in Table 101.10.
16.58.120 Residential Projects.
Add Section 101.10.1.1 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1 Residential Projects -as set forth in Table 101.10.
16.58.130 Residential New Construction -Equal To or Less than Nine (9) Homes.
Add Section 101 .10.1.1.1 of th e 2022 California Green Building Standards Code to
read as follows:
101 .10.1.1.1 Residential New Construction -Equal To or Less than Nine (9) Homes
-as set forth in Table 101.10.
16 .58.140 Residential New Construction -Greater than Nine (9) Homes.
Add Section 101 .10 .1.1.2 of the 2022 California Green Building Standards Code t o
read as follows:
101.10.1.1.2 Residential New Construction -Greater than Nine (9) Homes or More
-as set forth in Table 101.10.
16.58.150 Major Multi-Family Residential Renovations/Additions.
Add Section 101 .10 .1 .1.3 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1.3 Major Multi-Family Residential Renovations/Additions -as set forth in
TablelOl.10. Requirements shall only apply to the area of renovation/addition.
Ordinance No. 22-2245
Page 98
16.58.160 Non-Residential New Construction, Small.
Add Section 101.10.1.1.4 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1.4 Non-Residential New Construction, Small -as set forth in Table 101.10.
16.58.170 Non-Residential New Construction, Medium.
Add Section 101.10.1.1.5 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1.5 Non-Residential New Construction, Medium -as set forth in Table
101.10.
16.58.180 Non-Residential New Construction, Large.
Add Section 101.10.1.1.6 of the 2022 California Green Building Standards Code to
read as follows
101.10.1.1.6 Non-Residential New Construction, Large -as set forth in Table 101.10.
16.58.190 Non-Residential Renovations/Additions, Minor.
Add Section 101.10.1.1.7 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1.7 Non-Residential Renovations/Additions, Minor -as set forth in Table
101.10. Requirements shall only apply to the scope of work of renovation/addition.
16.58.200 Non-Residential Renovations/Additions, Major.
Add Section 101 .10 .1.1.8 of the 2022 California Green Building Standards Code to
read as follows:
Ordinance No. 22-2245
Page 99
101.10.1.1.8 Non-Residential Renovations/Additions, Major -as set forth in Table
101.10 . Requirements shall only apply to the area of renovation/addition.
16.58.210 Tenant Improvements.
Add Section 101.10.1.1.9 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1.9 Tenant Improvements. Except as specified herein, the provisions of this
code shall apply to the applicable tenant or occupant improvements to a project.
16.58.220 Mixed-Use.
Add Section 101.10.1 .1.9 of the 2022 California Green Building Standards Code to
read as follows:
101.10.1.1.9 Mixed-Use -as set forth in Table 101.10.
16.58.230 Table 101.10 -Added.
Add Table 101 .10 of the 2022 California Green Building Standards Code to read as
follows :
Project Type Minimum Green Building Required Verification
Requirement
A. NEW CONSTRUCTION
Residential
Single Family and Multi-Family . CALGreen Building Code in
homes equal to or less than 9 accordance with CALGreen's City Review homes: minimum thresholds.
Single Family and Multi-Family . GPR certified at minimum 50 Third Party GPR or
homes greater than 9 homes: points or LEED certification as . LEED Silver or applicable
A lt e rn ate Reference Standard
per Section IO 1.10.2 A lt ernate Reference
Standard: See Section
Ordinance No. 22-2245
Page 100
Non-Residential
Small, Less than 25,000 SF:
Mid-Size, from 25,000 to 50,000
SF:
Large, Greater than 50,000 SF:
B. RENOVATIONS AND ADDITIONS
Residential
Single-Family
Multi-Family (minor):
Multi-family (major): Renovations
and/or additions with a Floor Area
Ratio (FAR) increase 2': 50% and at
least 35 ,000 square feet, and that
replace or substantially a lter the HYAC
system and at least two of the
following: building envelope, hot water
system and lighting system.
Non-Residential
Minor: Renovations and/or additions
that do not meet the higher thresholds
for "major renovations and addit ions"
outlined as defined i n (ii) be low.
. CALGreen Bui lding Code *
per Chapter 5 of the Californ ia
Green Building Standards Code
. LEED Certified or . Alternate Reference Standard
per Section 101.10.2
. LEED Silver or . Alternate Reference Standard
per Section IO 1.10.2
. CALGreen Building Code in
accordance with CALGreen 's
minimum thresho lds .
. CALGreen Building Code in
accordance with CALGreen 's
minimum thresholds.
. GPR minimum 50 pts or . LEED Certified or . LEED EBOM Certified or . Alternate Reference Standard
per Section 101.10.2
. CALGreen Building Code in
accordance with CALGreen 's
minimum thresho lds.
10 1.10 .2
City Review
Third Party LEED
Certification Alternate
Reference Standard:
See Section IO 1.10.2
Third Patty LEED
Certification
A lternate Reference
Standard: See Section
I 01.10.2
City Review
City Review
Third Patty GPR or
LEED Certification as
applicable
A lternate Reference
Standard: See Section
101.10.2
City Review
Ordinance No. 22-2245
Pa ge 101
Major: Renov ation s and /or additions
that comprise at least 35 ,000 squar e
feet , a nd replace or s ub stant ial ly alter
th e HVAC system and two of the
fol lowing: building enve lope , hot
water system , and lighting sy stem .
Mixed-Use
. LEED Certifi ed (applicable
on ly to the area of renovation / Third Party LEED
addition) or Certification
LEED EBOM Certified or Alternate Reference . Alternate Reference Standard Standard: See Section
per Section IO 1.10 .2 101.10.2
For new and renovation /addition projects with residential and non-re s idential components, the use shall
comp ly by either:
I . Meeting the app li cable requirement s for each use; or
2. Meeting the applicab le requirements for the use that compri ses the majority of the project 's sq uare
footage whe re uses are attached and/o r combined in a building.
Notes:
"Nfaj or " r en o vation s and/or additi ons apply only to th e ar ea of th e r enovati on/additi on unles s rh e
LEED EBOM Ce rt[fi ed option is s elected.
*Chapte r 5 of the Ca liforn ia Gree n Building Standards Code (Cal Green Mandatory) requirements sha ll
only be appl ied to elements included in the scope of a project, unless otherw ise required by the
California Green Building Standards Cod e.
16.58.240 Alternate Green Building Standards.
Add Section 101.10.2 of the 2022 California Green Building Star1dards Code to
read as follows:
101.10.2 Alternate Green Building Standards. The applicant may request to
apply an alternate green building standard for a project in lieu of the minimum
standards per Table 101.10. In making a determination in response to an application
tmder this section, the Building Official may allow an alternate standard if he/she
finds that the proposed alternative standard complies with all of the following:
A. Addresses a comprehensive scope of green building issues including energy
efficiency, water efficiency, resource efficient materials, and healthy building
practices;
B. Applies standards that are, when taken as a whole, as stringent as the GPR and
LEED standards;
C. Includes a formalized certification process that incorporates third party
verification; and
D. The project will advance the purposes of this Chapter.
16.58.250 Verification.
Amend Section 102.3 of the 2022 California Green Building Standards Code to
read as follows:
102.3 Verification. Documentation of conformance for applicable green building
measures shall be provided to the City of Cupertino. Verification that the project
meets the applicable environmental standards occurs through either the Third-Party
process or City Review per the requirements in Table 101.10. The following lists the
verification requirements for Third Party verification, and alternative methods:
A. Third Party Certification. A project will be required to meet the Third-Party
certification process if the City determines that the project meets or exceeds the
applicable thresholds listed in Table 101.10. The applicant shall submit all of the
following to the City, in addition to other application requirements, to assist the
City in determining compliance with the green building requirements:
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Rev ision Date: Nove mb er I, 2022
1. Planning Application. A green building checklist that includes cross-
references to appropriate locations in the construction documents for all
prerequisites and sel ected points or credits that demonstrates that the
proposed project meets the applicable minimum requirements.
2. Building Permit.
a. Proof of project registration with administrating body of the applicable
reference s tandard, and
b. A green building checklist that includes cross-references to appropriate
locations in the construction documents for all prerequisites and selected
points or credits; that demonstrate that the proposed project meets the
applicable minimum requirements, and
3. Green Building Deposit. The green building deposit in an amo1mt that may
be se t from time to time by resolu tion of the City Co1mcil. The applicant may
provide the deposit in the form of cash or in any other form that the City
finds acceptable to meet the purposes of this Section. The full amo1mt of the
deposit shall be returned upon the certification document being provided per
102.3 (A)(4). If however, the project does not meet the requirements of this
Chapter, as applied to the project, then the City shall retain the full amo1mt of
the deposit and shall use the deposit solely to advance the purposes of this
Chapter.
4. Time Limit. Within 18 months of Final Occupancy -Provide certification
document for LEED, GPR or alternate rating standard in a form accepted by
the City per Table 101.10. The Building Official may grant a one-time 6-month
extension.
16.58.260 Exemptions.
Added Section 102.3.1 of the 2022 California Green Building Standards Code to
read as follows :
102.3.1 Exemptions. The Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. Projects that are
exempted from the requirements of the California Green Building Standards Code
as amended by the City of Cupertino shall meet the requirement in section A and at
least one of the requirements in sections B-D :
A. Projects that demonstrate that it is not feasible for the project to fully meet the
green building requirements and that the purposes of this chapter will have been
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Re vis ion Date: Nove mbe r I, 2022
achieved to the maximum extent possible shall be exempted only for the specific
rating system prerequisite that has been determined to be infeasible.
B. Projects that demonstrate compliance with this code but which will conflict with
the Cupertino General Plan and/or Mtmicipal Code Ordinance, such as those
requiring historic preservation as determined by the Director of Commmlity
Development; or
C. Projects that demonstrate compliance with this code but which will conflict with
the California Building Standards Code; or
D. Projects with atypical energy-related design requirements and/or patterns of use
that make compliance with the thresholds of this code infeasible.
16.58.280 Definitions.
Amend Section 202 of the 2022 California Green Building Standards Code to add
or amend the following definitions:
Affordable Housing. Residential buildings that entirely consist of tmits below
market rate and whose rents or sales prices are governed by local agencies to be
affordable based on area median income.
Decision maker. The person or entity with final approval authority over the
tmderlying project.
Direct Current Fast Charging (DCFC). A parking space provided with
electrical infrastruchue that meets the following conditions:
A. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
B. Electric vehicle supply equipment (EVSE) located within three (3) feet of
the parking space providing a minimum capacity of SO-ampere.
Green Building Checklist. A checklist, typically with prerequisites and credits
and/or points that is developed by the administrators of green building
certification systems and used to determine whether a development project can
achieve certification.
Green Point Rated (GPR). A residential green building rating system
developed by Build It Green. Projects can use any of the adopted GPR checklists
that most appropriately apply to the project type proposed.
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Page 104
Rev ision Dale : Nove mb er I, 2022
Leadership in Energy and Environmental Design (LEED). A green building
rating system developed by the U.S. Green Building Cotmcil for residential and
non-residential projects. Projects can use any of the adopted LEED checklists that
most appropriately apply to the project type proposed.
Electric Vehicle Supply Equipment (EVSE). The conductors, including the
ungrotmded, grmmded and equipment grotmding conductors and the electric
vehicle com1.ectors, attachment plugs, and all other fittings, devices, power
outlets, or apparatus installed specifically for the purpose of transferring energy
between the premises wiring and the electric vehicle.
Level 2 EV Capable. A parking space provided with electrical infrastructure
that meets the following requirements:
A. Conduit that links a listed electrical panel with sufficient capacity to a
jtmction box or receptacle located within three (3) feet of the parking
space.
B. The conduit shall be designed to accommodate at lea s t 8.3 kVa (208/240
volt, 40-arnpere) per parking space. Conduit shall have a minimum
nominal trade size of 1 inch inside diameter and may be sized for
multiple circuits as allowed by the California Electrical Code. Conduit
shall be installed at a minimum in spaces that will be inaccessible after
construction, either trenched tmdergrotmd or where penetrations to
walls, floors, or other partitions would otherwise be required for fuhtre
installation of branch circuits, and such additional elements deemed
necessary by the Building Official. Construction documents shall indicate
fuhu-e completion of conduit from the panel to the parking space, via the
installed inaccessible conduit.
C. The electrical panel shall reserve a space for a 40-ampere overcurrent
protective device space(s) for EV charging, labeled in the panel directory
as "EV CAPABLE."
D. Electrical load calculations shall demonstrate that the electrical panel
service capacity and electrical system, including any on-site distribution
transformer(s), have sufficient capacity to simultaneously charge all EVs
at all required EV spaces at a minimum of 40 amperes.
E. The parking space shall contain signage with at least a 12" font adjacent
to the parking space indicating the space is EV Capable.
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Rev ision Date : Nove mb er I, 2022
Level 1 EV Ready. A parking space that is served by a complete electric circuit
with the following requirements:
A. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.
B. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply
equipment located within three (3) feet of the parking space . If EVSE is
provided the minimum capacity of the EVSE shall be 16-ampere.
C. Conduit oversized to accommodate fuh1re Level 2 EV Ready (208/240
volt, 40-ampere) at each parking space.
Level 2 EV Ready. A parking space that is served by a complete electric circuit
with the following requirements:
A. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.
B. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply
equipment located within three (3) feet of the parking space . If EVSE is
provided the minimum capacity of the EVSE shall be 30-ampere.
Low Power Level 2 EV Ready. A parking space that is served by a complete
electric circuit with the following requirements:
A. A minimum of 4.1 kV A (208/240 Volt, 20-ampere) capacity wiring.
B. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply
equipment loc ated within three (3) feet of the parking space. If EVSE is
provided the minimum capacity of the EVSE shall be 16-ampere.
C. Conduit oversized to accommodate future Level 2 EV Ready (208/240
volt, 40-ampere) at each parking space.
Low Power Level 2 Electric Vehicle (EV) Charging Receptacle. [HCD] A
208/240 Volt 20-ampere minimum branch circuit and a receptacle for use by an
EV driver to charge their electric vehicle or hybrid electric vehicle.
Minimum Green Building Requirement. The minimum green building
requirement that applies to a particular project, as listed in column 2 of Table
101.10.
Required Verification. The standards that correspond to the requirements of a
particular green building rating system and project type, a s listed in column 3 of
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Rev ision Date : Nove mb er I, 2022
Table 101.10, for which verification procedures are full y se t forth in Sec tion
102 .3.
Feasible. Capable of being accomplished in a successful manner within a
reasonable period of time, taking into accotmt economic, environmental, social,
and technological factors.
16.58.300 Compliance with Local Water -Efficient Landscape Ordinance -Residential.
Add Section 4 .304 .1.1 of the 2022 California Green Building Standards Code to
read as follows:
4.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance.
Residential projects must comply with the City of Cupertino's Landscape Ordinance,
pursuant to Chapter 14.15 of the Cupertino Mtmicipal Code.
16.58.310 Compliance with Local Water -Efficient Landscape Ordinance -Non-
Residential.
Add Section 5.304.1.1 of the 2022 California Green Building Standards Code to
read as follows:
5.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Non-
residential projects must comply with the City of Cupertino's Landscape Ordinance,
pursuant to Chapter 14.15 of the Cupertino Mtmicipal Code.
16.58.400 Electric Vehicle (EV) Charging -Residential.
Amend Section 4.106.4 of the 2022 California Green Building Standards Code to
read as follows:
4.106.4 Electric Vehicle (EV) Charging. Residential construction shall comply
with Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and
use of EV d1argers. Electric vehicle supply equipment (EVSE) shall be installed in
accordance with the California Electrical Code, Article 625. For EVCS signs, refer to
Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and
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Rev ision Date : Nove mb er I , 2022
Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up
to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has
determined EV charging and infrastructure are not feasible based upon
one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is
unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency
substantiating that additional local utility infrastruchue design
requirements, directly related to the implementation of Section
4.106.4, may increase construction cost by an average of $4,500
per parking space for market rate housing or $400 per parking
space for affordable housing. EV infrastructure shall be provided
up to the level that would not exceed this cost for utility service .
2. Accessory Dwelling Units (ADU) and Jtmior Access01y Dwelling Units
(JADU) without additional parking facilities and without electrical panel
upgrade or new panel installation. Detached ADUs, attached ADUs, and
JADUs without additional parking but with electrical panel upgrades or
new panels must have reserved breakers and electrical capacity
according to the requirements of 4.106.4.1 .
3. Multifamily residential R-2 building projects that have approved
entitlements before the code effective date.
4.106.4.1 One-and Two-Family Dwellings and Town-Houses with Private
Garages.
4.106.4.1.1 New Construction. One parking space provided shall be a
Level 2 EV Ready space. If a second parking space is provided, it shall be
provided with a Level 1 EV Ready space.
4.106.4.1.2. Existing Building. Parking additions or electrical panel
upgrades must have reserved breaker spaces and electrical capacity according
to the requirements of 4.106.4.1.1.
4.106.4.2 Multifamily Dwellings with Residential Parking Facilities.
Requirements apply to parking spaces that are assigned or leased to individual
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Rev ision Date : Nov emb er I, 2022
dwelling units, as well as unassigned residential parking . Visitor or common
area parking is not included.
4.106.4.2.1 New Construction. Forty percent (40 %) of dwelling units with
parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be
permitted to reduce load when multiple vehicles are charging. Sixty percent
(60 %) of dwelling units with parking spaces shall be provided with at
minimum a Level 1 EV Ready space. EV ready spaces and EVCS in
multifamily developments shall comply with California Building Code,
Chapter 11A, Section 1109A. EVCS shall comply with the accessibility
provisions for EV chargers in the California Building Code, Chapter 11B.
Note: The total number of EV spaces should be one-htmdred percent (100 %)
of dwelling tmits or one-htmdred percent (100%) of parking spaces,
whichever is less.
4.106.4.2.2 Existing Buildings.
1. When new parking facilities are added, or electrical systems or lighting
of existing parking facilities are added or altered and the work requires
a building permit, ten percent (10 %) of the total number of parking
spaces added or altered shall be EVCS. Any existing EV Capable
spaces on the building property required by the locally adopted codes
at the time of building permit shall be upgraded to a minimum of
Level 1 EV Ready. Upgrades shall be required at currently designated
vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of
California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the
ALMS system must be designed to deliver no less than 2.2 kVa
(110/120 volt, 20-ampere).
4.106.4.3 Electric Vehicle Charging Stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.2 shall comply
with Section 4.106.4.3'-
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Exception: Electric vehicle charging stations serving public accommodations,
public housing, motels, and hotels shall not be required to comply with this
section. See California Building Code, Chapter llB, for applicable
requirements.
4.106.4.3.1 Location.
EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking
space meeting the requirements of the California Building Code,
Chapter 1 lA, to allow use of the EV charger from the accessible
parking space.
2. The charging space shall be located on an accessible route, as defined
in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed
in compliance with the California Building Code, Chapter llB, are not
required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2,
Item 3.
4.106.4.3.2 Dimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have
an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide
minimum aisle shall be permitted provided the minimum width of the
EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit
vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the City's Municipal or Zoning Code permits
parking space dimensions that are less than the minimum
requirements stated in this section 4.106.4.3.2, and the compliance
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Rev ision Dat e : Nov ember I, 2022
with which would be infe asible due to particular circumstances of a
project, an ex ce ption may be granted while remaining in
compliance with California Building Code Section Table llB-
228 .3 .2.1 and llB-812, as applicable .
4.106.4.4 Direct Current Fast Charging Stations. One DCFC may be
substituted for up to five (5) EVCS to meet the requirements of 4.106.4 .1 and
4.106.4.2. Where ALMS serve DCFC s tations, the power demand from the DC FC
shall be prioritized above Level 1 and Le v el 2 spaces.
16.58.420 Electric Vehicle (EV) Charging-Non-Residential
Amend Section 5.106.5.3 of the 20 22 California Green Building Standards Code to
read as follows :
5.106.5.3 Electric Vehicle (EV) Charging . Construction to provide electric vehicle
infrastructure and facilitate electric vehicle charging shall comply with Section
5.106.5.3.1 and shall be provide d in accordance with regulations in the California
Building Code and the California Electrical Code. Accessible EVCS shall be
provided in accordance with the California Building Code Chapter llB Section llB-
228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01
(Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined
compliance with this section is not feasible based upon one of the following
conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcement agency
substantiating that additional local utility infrastructure design requirements,
directly related to the implementation of Section 5.106.5 .3, may increase
construction cost by an average of $4,500 per parking space . EV infrastructure
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Rev is ion Date: Nove mb er I, 2022
shall be provided up to the level that would not exceed this cost for utility
service.
2. Parking spaces accessible only by automated mechanical car parking systems are
not required to comply with this code section.
5.106.5.3.1 Nonresidential Occupancy Class B Offices -Shared Parking
Space.
5.106.5.3.1.1 New Construction. Twenty percent (20 %) of parking spaces
shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce
load when multiple vehicles are charging. Thirty percent (30 %) of parking
spaces provided shall be Level 2 EV Capable.
5.106.5.3.1.2 Existing Buildings. When new parking facilities are added,
or electrical systems or lighting of existing parking faciliti es are added or
altered and the work requires a building permit, ten percent (10 %) of the total
number of parking spaces added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the building property required by
the locally adopted codes at the time of building permit shall be upgraded to
a minimum of Level 1 EV Ready. Upgrades shall be required at currently
designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California
Building Code Chapters llA and llB.
5.106.5.3.2 Hotel and Motel Occupancies -Shared Parking Facilities.
5.106.5.3.2.1 New Construction. Five percent (5 %) of parking spaces
provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to
reduce load when multiple vehicles are charging. Twenty-five percent (25 %)
of parking spaces provided shall be Low Power Level 2 EV Ready space . Ten
percent (10 %) of parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.2.2 Existing Buildings. When new parking facilities are added,
or electrical systems or lighting of existing parking facilities are added or
altered and the work requires a building permit, ten percent (10 %) of the total
number of parking spaces added or altered shall be EVCS with Level 2 EV
Ready . Any existing EV Capable spaces on the building property re quire d by
Co un c il Age nd a: Oc to ber 18, 2022
Page : 11 2
Rev ision Date: November I, 2022
the locally adopted codes at the time of building permit shall be upgraded to
a minimum of Level 1 EV Ready. Upgrades shall be required at currently
designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of Califo1nia
Building Code Chapters 11A and 11B.
5.106.5.3.3 All Other Nonresidential Occupancies -Shared Parking
Facilities.
5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces
provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to
reduce load when multiple vehicles are charging. Ten percent (10%) of
parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.3.2 Existing Buildings. When new parking facilities are added,
or electrical systems or lighting of existing parking facilities are added or
altered and the work requires a building permit, ten percent (10%) of the total
number of parking spaces added or altered shall be EVCS with Level 2 EV
Ready. Any existing EV Capable spaces on the building property required by
the locally adopted codes at the time of building permit shall be upgraded to
a minimum of Level 1 EV Ready. Upgrades shall be required at currently
designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California
Building Code Chapters 11A and 11B.
5.106.5.3.4 Direct Current Fast Charging Stations. One DCFC may be
substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1,
5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power
demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
5.106.5.4 Electric Vehicle Charging Readiness: Medium-Duty and Heavy-
Duty. Construction shall comp ly with Section 5.106.5.4.1 t o facilitate future
installation of electric vehicle supply equipment (EVSE). Construction for
warehouses, grocery stores and retail stores with planned off-street loading
spaces shall also comply with Section 5.106.5.4.1 for future installation of
medium-and heavy-duty EVSE. Accessible EVCS shall be provided in
accordance with the California Building Code Chapter 11B Section llB-228.3. For
Co un c il Age nd a : Octo ber 18, 2022
Pa ge : I 13
Rev ision Date: Nove mb er I, 2022
EVCS signs, re fer to Caltrans Traffic Operations Policy Directive 13-01 (Zero
Emission Vehicle Signs and Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined
compliance with this section is not feasible based upon one of the following
conditions:
a . Where there is no local utility power supply.
b. Where the local utility is 1mable to supply adequate power.
c. Where there is evidence suitable to the local enforcing agency
substantiating that additional local utility infrastructure design
requirements, directly related to the implementation of Se ction 5.106.5.3,
may increase construction cost by an average of $4,500 per parking space.
EV infrastructure shall be provided up to the level that would not exceed
this cost for utility service .
5.106.5.4.1 Warehouses, Grocery Stores and Retail Stores with Planned
Off-Street Loading Spaces.
In order to avoid future demolition when adding EV supply and
distribution equipment, spare raceway(s) or busway(s) and adequate capacity
for transformer(s), service panel(s) or subpanel(s) shall be installed at the time
of construction in accordance with the California Electrical Code.
Construction plans and specifications shall include, but are not limited to, the
following :
1. The transformer, main service equipment and subpanels shall meet the
minimum power requirement in Table 5.106 .5.4.1 to accommodate the
dedicated branch circuits for the future installation of EVSE.
2 . The construction documents shall indicate one or more location(s)
convenient to the planned off-street loading space(s) reserved for
medium-and heavy-duty EV charging cabinets and charging dispensers,
and a pathway reserved for routing of conduit from the termination of the
raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as
shown in Table 5.106.5.4 .1.
Counci l Age nda : Oc tobe r 18, 2022
Pa ge 11 4
Rev ision Date : Nove mbe r I, 2022
3. Raceway(s) or busway(s) originating at a main service panel or a
subpanel(s) serving the area where potential future medium-and heavy-
duty EVSE will be located and shall terminate in close proximity to the
potential future location of the charging equipment for medium-and
heavy-duty vehicles.
4. The raceway(s) or busway(s) shall be of sufficient size to carry the
minimum additional system load to the future location of the charging for
medium-and heavy-duty EVs as shown in Table 5.106 .5.4.1.
TABLE 5.106.5.4.1, Raceway Conduit and Panel Power
Requirements for Medium-and-Heavy-Duty EVSE
Building Building Size
type (sq. ft.)
Grocery 10,000 to 90,000
Greater than
90,000
Retail 10,000 to
135,000
Greater than
135,000
Warehouse 20,000 to
256,000
Greater than
256,000
[Title 16 -Chapter 16.60 -No Change]
Cou ncil Age nd a: October 18, 2022
Page : 11 5
Rev ision Date: November I, 2022
Number of Off-Additional capacity
street loading Required (kVa) for
spaces Raceway & Busway and
Transformer & Panel
1 or 2 200
3 or Greater 400
1 or Greater 400
1 or 2 200
3 or Greater 400
1 or Greater 400
1 or 2 200
3 or Greater 400
1 or Greater 400
CHAPTER 16.62: HISTORICAL BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2022
California Historical Building Code and specified Appendices and each and all of
the regulations, provisions, conditions and terms of the code is referred to as if
fully set forth in this chapter, except such portions as are hereinafter deleted,
modified or amended by this ordinance, and is by such adopted by reference.
B. 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 and are
made available for public inspection.
CHAPTER 16.64: EXISTING BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2022
California Existing Building Code and specified Appendices and each and all of
the regulations, provisions, conditions and terms of the code is referred to as if
fully set forth in this chapter, except such portions as are hereinafter deleted,
modified or amended by this ordinance, and is by such adopted by reference.
B. 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 and are
made available for public inspection.
CHAPTER 16.68: REFERENCED ST AND ARDS CODE
A. The provisions of the 2022 California Referenced Standards Code and specified
Appendices and each ai,d all of the regulations, provisions, conditions and terms
of the code is referred to as if fully set forth in this chapter, except such portions
as are hereinafter deleted, modified or amended by this ordinance, and is by
such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health ai,d Safety Code Section 18942 ai,d are
made available for public inspection.
Coun c il Age nda : Octob er 18, 20 22
Pa ge: 11 6
Rev ision Date : Nov emb er I, 2022
[Title 16 -Chapter 16.70 -No Change]
[Title 16 -Chapter 16.72 -No Change]
[Title 16 -Chapter 16 .74 -No Change]
[Title 16 -Chapter 16.80 -No Change]
Coun c il Age nd a October 18, 2022
Page : 11 7
Rev is io n Date: Nove m ber I , 2022
Ordinance 22-2245 Building Codes
Final Audit Report
Created:
By :
Status:
Transaction ID:
2022-11-03
Ara ce li Alejandre (aracelia@cupertino .org)
Signed
CBJCHBCAABAAV_AnzluXdEA72IVzA82ZqKSZ7plsSEnv
2022-11-03
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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. 22-2245 which
was enacted on November 1, 2022, 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 4th day of November 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California