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Ord 2008 - Amending Articles III through X of Chapter 6 of the Town Code Related to Building Regulations and to Adopt the 1994 California State Building Standards Regulations with the 1995 State of California Amendments and Town Amendments (Uniform BuildiORDINANCE 2008 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLES III THROUGH X OF CHAPTER 6 OF THE TOWN OF LOS GATOS TOWN CODE RELATED TO BUILDING REGULATIONS AND TO ADOPT THE 1994 CALIFORNIA STATE BUILDING STANDARDS REGULATIONS WITH THE 1995 STATE OF CALIFORNIA AMENDMENTS AND TOWN AMENDMENTS (UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM PLUMBING CODE, NATIONAL ELECTRICAL CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM MECHANICAL CODE, AND UNIFORM CODE FOR BUILDING CONSERVATION) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I A. Section 310.7 of the Uniform Building Code is amended by this ordinance because the cost of housing in the Town of Los Gatos is one of the highest in the nation. To increase housing opportunities in the low end of the market, single room occupancy (SRO) can be a viable alternative. SRO's, both rehabilitated or new, when appropriately located in commercial or high density residential zones, can be an important factor in attracting industrial and commercial service business that are necessary for a balanced population in the Los Gatos area. The labor force with low wages who normally work for these types of businesses can take advantage of the less expensive housing offered by SRO's. This amendment is made pursuant to Health & Safety Code § 17958.1. B. Section 904.5 of the Uniform Building Code is amended by this ordinance because the Uniform Fire Code adopted by the local enforcement agency, the Central Fire District, and in turn by the Town, requires use of automatic sprinkling systems in many buildings and uses. In addition, approval of certain uses and buildings in many areas of the Town requires installation of automatic sprinkling systems because of the difficulty of access, severity of the topography, and high fireload in the community. In such installations, the requirement of a separate standpipe does not seem necessary. C. An additional requirement of specified roof coverings has been added to the building standards for the Town because of the difficulty of access, severity of the topography, and high fireload in the community. The roofing requirements were adopted after extensive hearings and consideration in 1993 and 1994. This ordinance only amends the current Town Code in order to align it with the new Uniform Building Code sections that apply. D. Section 1506.5 of the Uniform Building Code is amended by this ordinance as an administrative convenience to permit the Building Official and the Town Engineer to permit drainage onto public property in unusual circumstances, but only under a comprehensive drainage plan. The definition of public property includes more than just a public right -of -way, so therefore, it is appropriate to not prohibit any and all possibility of drainage onto a willing public property owner under a drainage plan. E. Section 1806.1 of the Uniform Building Code is amended by this ordinance because the Town is within a very active seismic area (seismic zone 4) and local soil conditions can be highly expansive (clay soils). The Northridge earthquake provided hundreds of examples of damage to plain concrete footings. This type of damage is extremely expensive to repair, in contrast to the small expense of providing nominal footing replacement. The preservation of restored historical structures in the Town is an essential element of the community. Footing reinforcement is also V necessary to prevent damage due to pumping action caused by local expansive soils which shrink and swell during seasonal drying and wetting seasons. F. Table 18 -I -D of the Uniform Building Code is amended by this ordinance because the Town is within a very active seismic area (seismic zone 4) and local soil conditions can be highly expansive (clay soils). The additional structural strengthening also leads to the need for additional electrical safety elements to ensure public safety. G. Section 1924 of the Uniform Building Code is amended by this ordinance because the Town is within a very active seismic area (seismic zone 4) and local soil conditions can be highly expansive (clay soils). The amended section 1924 provides a typical minimum requirement by soil engineers in the Town in order to avoid damage due to soil expansion and shrinkage. H. Section 2326.11.3, items 5 and 7, of the Uniform Building Code are amended by this ordinance because the Town is within a very active seismic area (seismic zone 4). Gypsum wallboard and exterior portland cement plaster have performed poorly during recent California seismic events, including the Loma Prieta devastation in the Town. The shear values for gypsum wallboard and portland cement stucco contained in the Uniform Building Code are based on mono- directional testing. It is appropriate to limit the use of these products until cyclic loading testing are performed and evaluated. I. Section 3403.2 of the Uniform Building Code is amended by this ordinance because the Town is within a very active seismic area (seismic zone 4) and the amendment is necessary to mitigate a known seismic hazard in existing buildings. J. Section 609.3 of the Uniform Plumbing Code is amended by this ordinance because with the typical expansive nature of the surface soils in the Town of Los Gatos, combined with the 9 potential for corrosion in ferrous piping subject to "hard" water, there is a higher than normal possibility for damage to underslab water piping. In addition, local ground water table levels throughout the Town can be excessively high, exposing ferrous water lines to additional corrosion potential. K. Section 710.1 of the Uniform Plumbing Code is amended by this ordinance because the Town's topography includes mountainous and foothill areas with intermittent steep slopes. Also, Silicon Valley is located in a seismically active area, which increases the likelihood of breakage of building sewers and laterals, leading to an above average potential of sewage back -up into buildings without adequate protection. L. Section 719 of the Uniform Plumbing Code is amended by this ordinance because the Town's soils are typically expansive in nature. These expansive soils create unstable conditions which increase the potential of breaks in sewer laterals. To maintain sanitary services, it is necessary to gain access in order to periodically maintain public sanitary laterals and respond to emergencies. This is accomplished by the additional cleanout as required above. M. Section 807.2 of the Uniform Plumbing Code is amended by this ordinance because waste water treatment facilities serving the Town and many other cities in the Santa Clara Valley are operating at or near maximum capacity. The discharge of treated waste water into San Francisco Bay is detrimental to its sensitive and vital ecosystem. Cooling coil and comfort cooling equipment condensate waste discharge does not contain pollutants which require treatment before being discharged into storm sewers or the ground. N. Section 310.1 of the Uniform Mechanical Code is amended by this ordinance because waste water treatment facilities serving the Town and many other cities in the Santa Clara Valley 0 are operating at or near maximum capacity. The discharge of treated waste water into San Francisco Bay is detrimental to its sensitive and vital ecosystem. Cooling coil and comfort cooling equipment condensate waste discharge does not contain pollutants which require treatment before being discharged into storm sewers or the ground. O. Section 250 -81 of the National Electrical Code is amended by this ordinance because the requirement of additional structural support mandated by Uniform Building Code Table 18 -I -D and the common use of plastic pipe for plumbing installations increase the need for adequate grounding of structures. This amended section will provide higher personal and fire safety, which is necessary because of the difficulty of access, high fireload, and extreme topography of the community. P. Section 300 -1 of the National Electrical Code is amended by this ordinance because raceways provide an additional level of fire safety to protect buildings, which is necessary because of the community's access difficulties, high fireload, and extreme topography. In addition, the Town contains many unique historical structures that deserve high levels of preservation for following generations to enjoy. Q. Section 336 -3 of the National Electrical Code is amended by this ordinance to align its provisions with Section 336 -4 as amended by this ordinance and as explained below. R. Section 336 -4 of the National Electrical Code is amended by this ordinance because the Town is located in the highly active seismic zone 4. Nonmetallic- sheathed cable is not afforded the same protection from damage as wiring in raceways. Damage to Nonmetallic- sheathed cable could occur in a seismic event which increases the potential for a fire. Z SECTION II Article III of Chapter 6 of the Town Code is amended to read as follows: ARTICLE III. BUILDING CODE Sec. 6.30.010. Adopted. The Uniform Building Code, 1994 Edition, as amended in 1995 by the State of California in the State Building Standard Regulations (Title 24), with Appendix Chapters 3, Division II; 15; 18; 31, Division II; 31, Division III and 33 with modifications provided in sections 6.30.015 through 6.30.032 of this article and with Uniform Building Code Standards 1994 Edition, is adopted by reference. Sec. 6.30.015. Amendment -- Section 310.7, efficiency dwelling units. Subsection 310.7 of the Uniform Building Code adopted by this article is amended by replacing it with the following: "310.7 Single Room Occupancies. A single room occupancy shall conform to the requirements of the code except as herein provided: 1. The SRO unit shall have a living room of not less than 150 square feet (13.9 in') of superficial floor area shall be provided for each occupant of such SRO unit in excess of two. 2. The SRO unit shall be provided with a separate closet. 3. The SRO unit may be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm)in front. Light, ventilation and emergency egress conforming to this code shall be provided. 4. Every building shall be provided with at least one water closet. Every hotel or subdivision thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for finale and female use, each of which contains at least one water closet. EXCEPTION: Hotel guest rooms may have one unidentified toilet facility. Additional water closets shall be provided on each floor for each sex at the rate of one for every additional ten guests, or fractional part thereof, in excess of ten. Every SRO unit shall be provided with a kitchen equipped with a kitchen sink; however, that single room occupancy living unit facilities and single room occupancy residential hotels may contain partial kitchen facilities so long as a sink is provided and laundry facilities and kitchen facilities are provided on each floor accessible from a public hallway. Every SRO unit and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower; however, that single room occupancy residential hotels may contain partial bathroom facilities. If individual bath facilities are not provided, common bath facilities must be provided as follows: Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess of ten. Such facilities shall be clearly marked for "men" or "women." As an alternative, adequate unisex facilities may be provided. Each sink, lavatory and either a 7 bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. When SRO units are required by State law to be accessible or adaptable, see appropriate sections of State law for access requirements." Sec. 6.30.020. Amendment -- Section 904.5, standpipes. Subsection 904.5.6 is added to the Uniform Building Code adopted by this article to read: "(.6) Limited omission. Separate standpipe may be omitted in buildings equipped throughout with an approved automatic sprinlder system; however, hose connections for fire department use, as specified in Section 3073, National Fire Protection Association Pamphlet No. 13, shall be provided in all required stair enclosures. The static pressure at hose connections shall not exceed one hundred fifty (150) pounds per square inch." Sec. 6.30.025. Amendment -- Section 1506.5, roof drainage. Subsection 1506.5 of the Uniform Building Code adopted by this article is amended to add additional exceptions to read as follows: "Other occupancies where the drainage plan and method of drainage have been approved by the town engineer." Sec. 6.30.030. Amendments -- Section 1806.1, general. Subsection 1806.1 of the Uniform Building Code adopted by this article is amended by adding the following at the end of the first paragraph: "A minimum of one top and bottom continuous bars of 1/2" diameter reinforcing steel shall be required in all continuous concrete or masonry bearing foundations." Sec. 6.30.035. Same- -Table 18 -I -D, reinforcing foundations. Table 18 -I -D of the Uniform Building Code adopted by this article is amended by adding an additional footnote 5: ­5 Bearing foundation walls shall be provided with a minimum of two (2) one -half- inch diameter reinforcing steel rods. Placement shall be one (1) rod three (3) inches from the bottom and one (1) rod three (3) inches from the top of the foundation. Two (2) additional lower rods, each embedded in the foundation at least fifteen (15) feet of its length, shall be extended above grade to provide access for electrical ground connections." Sec. 6.30.040. Amendment -- Section 1924, minimum slab thickness. Section 1924 of the Uniform Building Code adopted by this article is amended by adding the following at the end of the paragraph: "The slab shall be reinforced with not less than six inches by six inches ten -gauge wire mesh or an approved alternate installed at mid height of the slab." Sec. 6.30.045. Amendment -- Section 2326.11.3, bracing. Section 2326.11.3 of the Uniform Building Code adopted by this article is amended by deleting Item 5 and adding the following to Item 7: "Limited to single story R -3 and U -1 occupancies." Sec. 6.30.050. Amendment -- Roof covering requirements. The roof covering on any structure regulated by the Uniform Building Code adopted by this article shall be: 0 "Class A minimum for all occupancies in the Fire Hazard Areas or as specified in Table No. 15 -A if more stringent and as classified in Section 1504. Exemption: Additions and alterations which are less than ten percent of the projected roof area need not comply." Sec. 6.30.055. Amendment -- Section 3403.2, additions, alterations or repairs - when allowed. Subsection 3403.2 of the Uniform Building Code adopted by this article is amended by adding the following paragraph at the end of the Subsection (after the exceptions) as follows: "When a permit is issued for alterations or repairs, the existing suspended ceiling system within the area of alteration or repair shall comply with the lateral design requirements of UBC Standard 25 -2 Part III." SECTION III Article IV of Chapter 6 of the Town Code is amended to read as follows: ARTICLE IV. HOUSING CODE Sec. 6.40.010. Adopted. The Uniform Housing Code, 1994 Edition, As amended in 1995 by the State of California in the State Housing Law Regulations with omissions and modifications provided in sections 6.40.015 and 6.40.020 of this article is adopted by reference. Section 1104.2 of the Uniform Housing Code providing that a failure to comply with an order as described in that section is punishable as a misdemeanor is expressly adopted, and the punishment shall be as prescribed for a misdemeanor under Town Code section 1.10.040. 10 Sec. 6.40.015. Amendments -- Sections rescinded. The following sections of the 1994 Uniform Housing Code are not adopted: 101, 102, 103, 104, 201, 202, 203, 204, 301, 302, and 303. Sec. 6.40.020. Same -- Reference to section numbers. Any reference in chapter 4 and following of the Uniform Housing Code adopted by this article to any of the sections deleted by section 6.40.015 shall be read to mean the same - numbered section in the Uniform Building Code adopted by article II of this chapter. SECTION IV Article V of Chapter 6 of the Town Code is amended to read as follows: ARTICLE V. PLUMBING CODE Sec. 6.50.010. Adopted. The Uniform Plumbing Code, 1994 Edition, as amended in 1995 by the State of California in the State Building Standard Regulations (Title 24), with Appendix chapters A, B, D, E, H, and I is adopted by reference. Sec. 6.50.015. Installation standards adopted. The IAMPO Installation Standards, as set out in the 1994 Uniform Plumbing Code, are adopted by reference. Sec. 6.50.020. Amendment -- Section 609.3, water piping in slab floors. Subsection 609.3 of the Uniform Plumbing Code adopted by this article is amended by replacing it with the following: 11 "Water piping shall not be installed in or under a concrete floor slab within a building without prior approval of the Administrative Authority. When approved, such piping shall be installed in accordance with the following requirements :" Sec.6.50.025. Amendment -- Section 710.1, backflow protection. Subsection 710.1 of the Uniform Plumbing Code adopted by this article is amended to read as follows: "Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative Authority." Sec.6.50.030. Amendment -- Section 719.7, cleanout termination. Subsection 719.7 is added to the Uniform Plumbing Code adopted by this article to read: " Ceeanouts shall be installed at the property line where the private sewer system connects to the publicly- maintained sanitary lateral. All such line cleanouts shall be extended to grade with materials and according to specifications approved by the Administrative Authority and terminate within a concrete box." 12 Sec.6.50.035. Amendment -- Section 807.2, condensate termination. Subsection 807.2 of the Uniform Plumbing Code adopted by this article is amended by replacing it with the following: "Condensate from air - cooling coils and comfort cooling equipment not intended to be used for the storage or holding of food or drinks shall be collected and discharged to a storm sewer or other approved points of disposal acceptable to the Administrative Authority. Termination of such drains shall be made by an air break. Condensate drain lines in sizes 1 1/4" and larger shall be assembled using approved drainage pipe and fittings. Condensate drains shall not drain over or upon a public way, sidewalk, pedestrian ramp or the like. Condensate drains within the interior of a building shall not be connected to the building roof drain or overflow piping systems. The waste pipe shall have a slope of not less than 1/8 inch per foot and shall be of approved corrosion- resistant material not smaller than the outlet size as required below for air- cooling coils or condensing fuel - burning appliances, respectfully. Condensate wastes pipes from air - cooling coils shall be sized in accordance with equipment capacity as follows: Minimum Condensate Equipment Capacity Pipe Diameter Up to 20 tons of refrigeration 3/4 inch 21 to 40 tons of refrigeration 1 inch 41 to 90 tons of refrigeration 1 1/4 inch 91 to 125 tons of refrigeration 1 1/2 inch 13 126 to 250 tons of refrigeration 2 inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8 inch - per -foot slope, with the pipe running three - quarters full. Condensate drain sizing for other slopes or conditions shall be approved by the building official." SECTION V Article VI of Chapter 6 of the Town Code is amended to read as follows: ARTICLE VI. ELECTRICAL CODE Sec. 6.60.010. Adopted. The National Electrical Code, 1993 Edition, as amended in 1995 by the State of California in the State Building Standard Regulations (Title 24), with modifications provided in sections 6.60.015 through 6.60.030 is adopted by reference. Sec. 6.60.015. Amendment -- Section 250 -81, grounding electrode. Section 250 -81, Grounding Electrode System of the National Electrical Code adopted by this article, is amended by adding subsection (e) to read as follows: "(e) Where a concrete encased grounding electrode is installed as required by Uniform Building Code Table 18 -I -1), a supplementary grounding conductor shall be installed." 14 Sec. 6.60.020. Amendment -- Section 300 -1, scope. Section 300 -1, Scope, of the National Electrical Code adopted by this article, is amended by adding subsection (c) to read as follows: "(c) Buildings other than residential shall be wired in approved raceway. For the purpose of this section, hotels and motels are considered commercial buildings." Sec. 6.60.025. Amendment -- Section 336 -3, uses permitted. Section 336 -3, Uses Permitted, of the National Electrical Code adopted by this article, is revised to read as follows: "Type NM and Type NMC cables shall be permitted to be used in one and two- family dwellings, or multifamily dwellings not exceeding three floors above grade. For the purpose of this article, the first floor of a building shall be that floor designed for human habitation which is level with or above finished grade of the exterior wall line of fifty (50) percent or more of its perimeter." Sec. 6.60.030. Amendment -- Section 336 -4, uses not permitted. Section 336 -4, Uses not permitted, Subsection (a), of the National Electrical Code adopted by this article, is amended by replacing it with the following: "(a) Type NM or NMC. Types NM and NMC cables shall not be used (1) in any dwelling or structure exceeding three floors above grade;(2) as service - entrance cable;(3) embedded in poured concrete; or(4) in any non - residential occupancy. For the purpose of this article, the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the 15 first level and not designed for human habitation and used only for vehicle parking storage, or similar use shall be permitted." SECTION VI Article VII of Chapter 6 of the Town Code is amended to read as follows: ARTICLE VIII. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Sec. 6.80.010. Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, is adopted by reference. Section 701.1 of the Uniform Code for the Abatement of Dangerous Buildings providing that a failure to comply with an order as described in that section is punishable as a misdemeanor is expressly adopted, and the punishment shall be as prescribed for amisdemeanor under Town Code section 1.10.040. SECTION VII Article IX of Chapter 6 of the Town Code is amended to read as follows: ARTICLE IX. UNIFORM MECHANICAL CODE Sec. 6.90.010. Adopted. The Uniform Mechanical Code (UMC), 1994 Edition, as adopted by International Conference of Building Officials (ICBO) and amended in 1995 by the State of California in the State Building Standard Regulations (Title 24), with Appendix chapters A, B, and C is adopted by reference. 16 Sec. 6.90.015. Amendment -- Section 310.1, condensate disposal. Subsection 3 10. 1 of the Uniform Mechanical Code adopted by this article is amended by replacing it with the following: "Condensate from air cooling coils and comfort cooling equipment not intended to be used for the storage or holding of food or drinks shall be collected and discharged to a storm sewer or other approved points of disposal acceptable to the Administrative Authority. Termination of such drains shall be made by an air break. Condensate drain lines in sizes 1 1/4" and larger shall be assembled using approved drainage pipe and fittings. Condensate waste water shall not drain over or upon a public way, sidewalk, pedestrian ramp or the like. Condensate drains with terminations within the interior of a building shall not be connected to the building roof drain or overflow piping systems." SECTION VIII Section 6.100.010 of Chapter 6 of the Town Code is amended to read as follows: Sec. 6.100.010. Adopted. The Uniform Code for Building Conservation, 1994 Edition, as amended in 1995 by the State of California in the State Building Standard Regulations (Title 24), including appendices, is hereby adopted. SECTION IX Section 6.100.025 of the Town Code is repealed. SECTION X Section 6.100.030 of the Town Code is repealed. 17 SECTION XI This Ordinance takes effect 30 days after the date it is adopted or upon filing with the California Department of Housing and Community Development, whichever comes later. The Cleric is directed to send a copy of this ordinance to that Department. Within 15 days after this ordinance is adopted, the Town Clerk shall cause a summary of it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 20, 1995, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council on December 4, 1995. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS None ABSENT: None ABSTAIN: None SIGNED: MAYOR O HE TOWN LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LO ATOS LOS GATOS, CALIFORNIA 18