Ord 1422 - ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1976 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, UNIFORM FIREORDINANCE NO. 1422 adopted 4 -2 -79.
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Correction
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(last paragraph) 'tor any as many ".
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"of buildings, he shall give notice thereof
to the owner or, ® if ".
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"may be made regarding its use, may approve any
alternate provided ".
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ttproposed construction exceeds ".
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ttwritten agreement to-- &- Y indemnify".
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Paragraph
beginning Li�--Ilsure
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ttcombustibel combustible ".
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"Sec. -13 12.03.120.
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"A permit is egai -eed required".
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ORDINANCE NO. 1122
ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING BY
REFERENCE WITH MODIFICATIONS, OF 1976 EDITIONS
OF THE UNIFORM BUILDING CODE, UNIFORM BUILDING
CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM
HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDING, UNIFORM FIRE CODE, UNIFORM
PLUMBING CODE, AND 1975 EDITION OF NATIONAL
ELECTRICAL CODE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.
Chapter 7, consisting of Articles I and III, of the Los Gatos
Town Code is repealed.
Chapter 10, consisting of Articles I and II, of the Los Gatos
Town Code is repealed.
Articles II and III of Chapter 12 of the Los Gatos Town Code
are repealed.
Chapter 22, of the Los Gatos Town Code, is repealed.
Chapter 24, consisting of Articles I and II, of the Los Gatos
Town Code is repealed.
Article VI, consisting of sections 27 -79 and 27 -80, of the
Los Gatos Town Code is repealed.
SECTION 2.
Article VI is added to Chapter 27 of the Los Gatos Town Code
to read:
ARTICLE VI. NUMBERING OF BUILDINGS
Sec. 27.06.010. Buildinq Numbering Required
Every person who owns a building nd every y person who has
Possession and control of a building shall place or cause to be
Placed on or near the door or I
gate used as an entrance to such
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building so as to be readily seen from the street, the number of
such building as specified in this article.
All entrances from streets to buildings, or to separate
apartments in buildings, shall be numbered. It is unlawful for
any person to place, maintain or allow to remain on any building
or apartment any number other than that required by this article.
Sec. 27.06.015 Method of Determining Numbers
The Los Gatos Creek is the starting point for the numbers of
all buildings fronting on the streets, beginning thereat, and
running east and west. Main Street, Johnson Avenue, and Pennsylvania
Avenue is the starting point for the numbers of all buildings
fronting on the streets beginning thereat and running north and
south.
Main Street is numbered east and west from the bridge and
Santa Cruz Avenue shall be numbered north and south from Main
Street.
On all streets the numbers on the right -hand side, starting
from the point of beginning, are even numbers, and the numbers
on the left -hand side are odd numbers.
One hundred numbers, or any many thereof as may necessary,
shall be allotted to the property fronting in each block,
between two main streets, the number one hundred being the first
number on the right -hand side, and the number one hundred and one
being the first number on the left -hand side of the second block
of all streets. The succeeding hundreds shall be allotted in
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similar manner consecutively to each succeeding block. When
any street fails in its course to traverse certain blocks,
one hundred numbers shall be allotted to each block not traversed
in the same manner as if the street were continuous. When any
street is intersected on its opposite sides by different streets,
the hundreds on one side shall be made to correspond as closely as
possible to the hundreds on the opposite side by allotting only
twenty -five numbers, even or odd as the case may..;-require, to the
side on which the blocks are shorter.
One number shall be allowed for each twenty -five feet of
the frontage of each block, between two main streets.
Sec. 27.06.020 Type and`3Manner of Placement of Numbers
All numbers placed upon entrances and buildings pursuant to
this article shall be of a different color from the background
upon which they are placed, and each figure of such numbers
shall be at least two inches in height and of proportionate
width. All numbers shall be made of substantial and permanent
material and shall be so placed or affixed as not to be easily
defaced or removed.
Sec. 27.06.025 Enforcement
When the Chief of Police has knowledge of any violation of
any of the provisions of this article relating to the numbering
of buildings, he shall give notice thereof to the owner or, of
the owner cannot be found, to the occupant of the premises
where the violation occurs, and if, after two weeks, the cause
of the complaint has not been removed, such person shall be guilty
of a violation of this article.
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SECTION 3.
Chapter 7 is added to the Los Gatos Town Code to read:
BUILDING REGULATIONS
Chapter 7.
ARTICLE I ADMINISTRATION OF CODES REGULATING BUILDINGS
AND RELATED MATTERS
Sec. 7.01.010 Title
This article is, and may be cited as, the "Administrative and
Supplemental Code for Construction ".
Sec. 7.01.015 Definitions
For the purposes of this chapter the following words and
phrases are defined.
(a) "Building Official" means the person charged with the
administering and enforcing of this Code and his duly authorized
representatives.
(b) "Board of Appeals" means the board authorized to determine
appeals from a decision or order of the Building Official.
(c) "This Code" means both this Chapter 7 and the following
Codes of the Town:
1. Uniform Building Code
2. Uniform Housing Code
3. Uniform Plumbing Code
4. Uniform Mechanical Code
5. National Electrical Code
6. Building Relocation Code
7. Uniform Code for the Abatement of Dangerous Buildings
(As a convenience, the words "Uniform" and "National" are omitted
when reference is made in this chapter to these Codes.)
(d) "Commission" means the California Public Utilities
Commission.
Sec. 7.01.020
Purpose
It is the purpose of this Article I to provide for the
administration of the Codes, which provide minimum standards to
protect persons, property, and the public welfare by regulating
the design, construction, quality of materials, use, occupancy,
location and maintenance of all buildings, structures and grading
in the Town, the installation of plumbing, drainage, mechanical
and electrical systems, or parts thereof, in serving such buildings
and structures, and the relocation of buildings.
Sec. 7.01.025 Scope
The provisions of this article apply to grading and to
construction, alteration, moving, demolition, removal, repair
and use of any building or structure in the Town, including all
plumbing, drainage, mechanical, and electrical systems, or parts
thereof, in serving buildings or structures, except:
(a) Any building, structure, or real property belonging to
the United States of America or any other public agency whose
activities are expressly exempted by law from municipal regulation
by means of the Codes,
(b) Work located primarily in a public way or
(c) Public utility towers and poles.
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Additions, alterations, reconstruction, repairs and changes
of use or occupancy in all buildings and structures must comply
with the provisions for new buildings and structures except as
specifically provided in the Codes:
Whenever different parts of the Codes specify different
materials, methods of construction or other requirements, the
most restrictive applies.
Whenever the Codes make reference to any Appendix, only
the provisions of an Appendix which has been specifically adopted
by this Chapter 7 apply.
Sec. 7.01.030 Existing Buildings -- Applications of Codes
(a) Buildings or structures to which additions, alterations,
or repairs are made shall comply with all the requirements for
new buildings or structures except as specifically provided in
this section or in the Codes.
(b) Existing Occupancy Buildings in existence at the time
of the passage of this Code may have their existing use or occupancy
continued, if such use or occupancy is legal immediately before and
at the time this Code becomes effective, provided such continued
use is not dangerous to life.
Additions, alterations, and repairs may be made without
making an entire building or structure comply with requirements for
new buildings. The new construction shall conform to the require -
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ments of this Code for a new building of like area, height,
and occupancy. Such building or structure, including new
additions, shall not exceed the areas and heights specified
in this Code. However, all installation or replacement of
glass in hazardous locations specified in section 5406 of the
Building Code shall be done in the manner required for new work.
When there is any change in the use or occupancy of any
existing building or structure, there must be compliance with
the provisions of section 7.01.205 and section 502 of the
Building Code.
(c) Maintenance All buildings or structures, existing or
new, and all parts thereof, shall be maintained in a safe and a
sanitary condition. All devices or safeguards required by this
Code in a building or structure when erected, altered, or
repaired, shall be maintained in good working order. The owner,
and any lessee, mortgagee in possession or other occupant who
has control of the premises, are responsible for the maintenance
of buildings or structures.
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(d) Unsafe Building Appendages Parapet walls, cornices,
spires, towers, tanks, statuary and other appendages or structural
members which are supported by, attached to, or a part of a
building and which are in a deteriorated condition are hereby
designated as unsafe building appendages. All such unsafe
building appendages are public nuisances and shall be abated in
accordance with section 7.01.060 of this Code.
(e) Historic Buildings Repairs, alterations and additions
necessary for the preservation, restoration, rehabilitation or
continued use of a building or structure may be made without
conformance to all of the requirements of this Code, but only when
specifically authorized by the Building Official and when:
1. The building or structure has been designated by
:ordinance of the legislative body as having
special historical or architectural significance,
2. Any unsafe conditions, as described in section
7.01.060 of this Code, will be corrected in
accordance with plans approved by the Building
Official,
3. Any substandard conditions will be corrected in
accordance with plans approved by the Building
Official, and
4. The restored building or structure will be less
hazardous, based on life and fire risk, than it
was before restoration.
Sec. 7.01.035 Buildings Moved
Buildings or structures moved into or within the Town shall
comply with the provisions of this Code for new buildings or
structures.
Sec. 7.01.040 Approval of Alternate Materials and Methods
The provisions of this Code are not intended to prevent the
use of any materials, appliances, equipment, or methods of
construction (for brevity called "alternate ") not specifically
prescribed by this Code, provided the alternate has been approved
by the Building Official.
The Building Official, after requiring that sufficient
evidence or proof be submitted to substantiate any claims that
may be made regarding its use, may approve any alternate provide
he finds that it is satisfactory, complies with the provisions of
Chapter 23 of the Building Code or other applicable provisions of
this Code, and that the alternate is for the purpose intended, at
least the equivalent of that prescribed in this Code in quality,
strength, effectiveness, fire resistance, durability, safety and
sanitation.
For the requirements concerning approved fabricators, see
sections 7.01.200 and 402 (Uniform Building Code).
Sec. 7.01.045 Tests
Whenever there is insufficient evidence of compliance with
the provisions of this Code, or evidence that any material or
any construction does not conform to the requirements of this Code,
or in order to substantiate claims for alternate materials or
methods of construction, the Building Official may require tests
as proof of compliance to be made at the expense of the owner or
his agent by an approved agency.
Test methods shall be those specified by this Code for the
material in question. If no appropriate test methods are specified
in this Code, the Building Official shall specify the test method.
Copies of records of the results of all such tests shall be
retained for a period of not less than two years after the acceptance
of the building or structure.
Sec. 7.01.050 Buildinq Department
The Building Department is established in the Town. The
Building Department is managed by the Building Official. The Building
Official is appointed in the manner provided for department managers.
Sec. 7.01.055 Powers and Duties of the Building Official
(a) The Building Official is authorized and directed to enforce
this Code, except for Chapter 70 of the Building Code. For such
purpose he has the powers of a peace officer. The Plumbing Code
administrative authority and the Electrical Code authority are both
the Building Official.
(b) In accordance with the procedures established for the
hiring of Town employees, and with the approval of the appointing
authority of the Town, the Building Official may have inspectors
and others to assist him. He may deputize Town employees to carry
out the functions of the Building Department.
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charge or control of the building or premises and demand entry.
If entry is refused, the Building Official has recourse to every
remedy provided by law to accomplish entry.
No owner or occupant or any other person having charge, care
or control of any building or premises shall fail or neglect,
after proper demand is made as herein provided, promptly to permit
entry therein by the Building Official for the purpose of .inspection
and examination pursuant to this Code. Any person who violates this
subsection is guilty of a misdemeanor.
(f) Stop Orders Whenever any building work is being done
contrary to the provisions of this Code, the Building Official may
order the work stopped by notice in writing served on any persons
engaged in the doing or causing such work to be done, and any such
persons shall forthwith stop such work until authorized by the
Building Official to proceed with the work.
(g) Occupancy Violations Whenever any building or structure
is being used contrary to the provisions of this Code, the Building
Official may order the use discontinued and the building or structure,
or portion thereof, vacated by notice served on any person causing
such use to be continued. Such person,- sha:11 discontinue the use
within 10 days after receipt of such notice or make the building or
structure, or portion thereof, comply with the requirements of this
Code. However, section 7.01.060 applies to unsafe buildings.
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(h) Other Officials The Building Official may request,
and shall receive so far as may be necessary in the discharge of
his duties, the assistance and cooperation of other officials of
the Town.
Sec. 7.01.060 Unsafe Buildings
All buildings or structures which are structurally unsafe
or not provided with adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life, or which in
relation to existing use constitute a hazard to safety or health,
or public welfare, by reason of inadequate maintenance, delapidation,
obsolescence, 'fire hazard, disaster damage, or abandonment, as
specified in this Code or any other ordinance or statute, are, for
the purpose of this section, unsafe buildings. All such unsafe
buildings are hereby declared to be public nuisances� shall be
abated by repair, rehabilitation, demolition, or removal in accordance
with the procedure specified in Chapters 4 through 9 of the Uniform
Code for the Abatement of Dangerous Buildings and by other procedures
provided by law.
Sec. 7.01.065 Building Appeals
In order to determine the suitability of alternate materials
and methods of construction and to provide for reasonable inter-
pretation and application of the provisions of this Code, the Town
Council is a board of appeals. When the Town Council is acting as
the board of appeals, the Building Official shall attend its sessions.
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The Town Council as board of appeals may adopt reasonable rules and
regulations for limiting the time for appeals and concerning procedures,
for conducting its investigations and shall render all decisions and
findings in writing to the Building Official with a duplicate copy to
the appellant.
Sec. 7.01.070 Violations
Any person who does any work or causes any work to be done,
or who occupies, or maintains any building or structure, or who causes
the same to be done, contrary to or in violation of the provisions of
this Code, is guilty of a misdemeanor. Such person is guilty of a
separate offense for each day during any part of which a violation of
any provision of this Code is committed, continued, or permitted by
such person and is punishable accordingly.
Sec. 7.01.075 Remedies Cumulative
The remedies provided in this Code are cumulative and may be
selected at the discretion of the Town. The availability of
administrative proceedings by the Town to abate a violation is neither
a bar nor a prerequisite to the Town's commencing any litigation or
obtaining any judicial remedy.
Sec. 7.01.080 Building Permits Required
No person shall erect, construct, relocate, enlarge, alter,
repair, move, improve, remove, convert, or demolish any building or
structure, or do any grading for which a permit is required by
section 7003 of the Uniform Building Code, in the Town, or cause the
same to be done, without first obtaining a separate building permit
for each such building or structure or grading project.
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Sec. 7.01.085 Application for Building Permits
Applications for permits for work regulated by the Building
Code shall be written, on the form provided by the Building Official,
and shall:
(a) Describe the work to be covered by the permit,
(b) Describe the land on which the work is to be done by
lot, block, and tract, or by metes and bounds description, and house
and street address,
(c) Show the use or occupancy of all parts of the building,
(d) Be accompanied by plans and specifications as required in
section 7.01.090,
(e) State the valuation of the proposed work,
(f) Be signed by the applicant, or his authorized agent, who
may be required to submit evidence to ,indicate his authority, and
(g) Give any other information reasonably required by the
Building Official.
Sec. 7.01.090
Plans and Specifications Rqqu.ired
Two sets of plans and specifications shall be submitted with
each application for a building permit, and when required by the
Building Official for enforcement of any provisions of this Code.
The Building Official may require plans and specifications to be
prepared and designed by an engineer or architect licensed by the
state to practice as such.
When authorized by the Building Official, plans and specifi-
cations need not be submitted fora
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(a) One -story buildings of Type V conventional woodstud
construction with an area not exceeding 600 square feet,
(b) Group M, Division I, Occupancies of Type V conventional
woodstud construction, or
(c) Small and unimportant work.
Sec. 7.01.095 Form and Content of Plans and Specifications
Plans and specifications shall be drawn to scale and shall be
of sufficient clarity to show the nature and extent of the work
proposed and to show in detail that the work will conform to the
provisions of state law, this Code and all relevant provisions of
Los Gatos ordinances, regulations, and zoning approvals. The first
sheet of each set of plans shall give the house and street address
of the work and the name and address of both the owner and the person
who prepared them. Each sheet shall be dated. When revisions are
made, the date of the revision shall be added with a notation, such
as initials, sufficient to identify the person who made the revision,
Plans shall include a plot plan showing the location of proposed
buildings, every existing building on the property, parking and the
location of easements.
When there are trees on the lot, the plot plan shall show their
locations regardless of whether they are to be removed in the course
of the work if they are the kind of trees whose removal is regulated
by ordinance or the terms of a zoning approval and if any parts of
their trunks at ground level are within 30 feet of construction work.
In lieu of detailed specifications, the Building Official may
approve references on the plans to a specific section or part of the
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Building Code or other provisions of the Los Gatos Town Code,
other ordinances or state law.
Computations, stress diagrams, and other data sufficient to
show the correctness of the plans, shall be submitted when required
by the Building Official. Plans for buildings more than two stories
in height of other than Groups R, Division 3 and M Occupancies shall
indicate how required structural and fire - resistive integrity will
be maintained where a penetration will be made for electrical,
mechanical, plumbing, and communications conduits, pipes and similar
systems.
Sec. 7.01.100 Standard Plans
The Building Official may approve a set of plans for building
or structure as a standard plan, provided the applicant has made
proper application, submitted complete sets of plans, and paid the
plan checking fee. When an applicant wishes to use an approved
standard plan for an identical building or structure, two plot plans
and one duplicate plan shall' >be submitted, and a plan checking fee
equal to one -half of the full plan checking fee shall be paid with
the application for a building permit. Such duplicate plans shall
be compared, stamped, and kept on the job. In case of any deviation
whatsoever from a standard plan, complete plans, together with a full
plan checking fee, shall be submitted for the proposed work.
Standard plans shall be valid for one year from the date of
approval. The period may be extended by the Building Official when
there is evidence that the plan may properly be used again.
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Sec. 7.01.105 Permits, Issuance
No permit required by this Code shall issue until the applicant
files a signed statement that the applicant is currently licensed
under the provisions of the Contractors' License Law of the state,
giving the number of the license, except that a, permit may be issued
to the legal or equitable owner of property who does the permitted
work himself or by using his own employees working with wages as
their sole compensation. The Building Official may require such
proof of the existence of facts to justify the exception as he
considers necessary.
No permit required by this Code shall issue until the applicant,
as required by Labor Code section 3800, has filed a certificate of
Workers' Compensation Insurance certificate or a consent to self -
insure, or unless the permit is for $100 or less, or the applicant
certifies there will be no employment on the job subject to the
Workers' Compensation Laws. If, however, section 3800 is repealed
or amended to remove the requirements repeated in this section the
second paragraph of the section shall have no further effect.
Sec 7.01.110
Plumbing Permits Required
(a) It shall be unlawful for any person to install, remove,
alter, repair or replace or cause to be installed, removed, altered,
repaired or replaced any plumbing, gas or drainage piping work or
any fixture or water heating or treating equipment in a building or
premises without first obtaining a permit to do such work from the
Administrative Authority.
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(b) A separate permit shall be obtained for each building
or structure.
No permit shall be required in the case of any repair work
as follows: The stopping of leaks in drains, soil, waste or
vent pipe, provided, however, that should any trap, drainpipe,
soil, waste or vent pipe be or become defective and it becomes
necessary to remove and replace the same with new material in
any part or parts, the same shall be considered as such new work
and a permit shall be procured and inspection made as herein -
before provided. No permit shall be required for the cleaning
of stoppages or the repairing of leaks in pipes, valves, or
fixtures, when such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
Sec. 7.01.115. Electrical Permits Required
No person shall do or cause to be done any alteration or
addition to any existing wiring, or any wiring for the placing
or installation of any electric light, power or heating device,
or any apparatus which generates, transmits, transforms or
utilizes electricity, operating at a voltage exceeding 25 volts
between conductors or capable of supplying more than 40 watts
without first securing a permit therefor.
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No permit shall be required for minor repair work including
repairing drop cords, flush and snap switches, replacing fuses,
changing lamp sockets and receptacles, and taping bare joints.
Sec 7.01.120
Mechanical Permits Required
No person shall do or cause to be done any installation of
or any alteration or addition to any mechanical equipment regulated
by the Mechanical Code without first obtaining a separate permit
for each building or structure. No permit shall be required for
minor repairs and maintenance where it is not necessary to remove
and replace any defective part.
Sec. 7.01.125
Application for Permits Other than Building Permits
An application for permits to do work regulated by the Code
other than work regulated by the Building Code shall be written, on
the form provided by the Building Official and shall:
(a) Describe the character of the work proposed,
(b) Identify the location, ownership, occupancy, and use
of the property on.which the proposed work is to be done, and
(c) Be accompanied by plans, specifications, drawings or such
other information as reasonably may be required by the Building
Official. When the proposed work involves trenching, the information
required by section 7.01.095 concerning the location of trees shall
be included.
In addition to the requirements of section 7.01.105 a permit
to do work other than work regulated by the Building Code may be
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issued to an applicant other than a licensed contractor only when
the applicant is the legal or equitable owner of the property and he
resides or intends to reside there and the property is used or will
be used primarily for single or two - family residence purposes,
together with accessory buildings which are occupied or designed to
be occupied by the owner, and provided the said installation,
alteration or repair is done by himself or a member of his immediate
family.
Sec. 7.01.130 Permits, General Requirements
The application, plans and specifications filed by an applicant
for a permit shall be checked by the Building Official. Such plans
may be reviewed by other departments of the Town to check compliance
with the provisions of the laws and ordinances they enforce. If
the Building Official is satisfied that the work described in an
application for permit and the plans, specifications, descriptions
or information filed therewith conforms to the requirements of the
Codes and other laws and ordinances, and the specified fee has been
paid, he shall issue a permit therefor to the applicant.
When the Building Official issues the permit, he shall endorse
in writing or stamp on both sets of plans and specifications
"APPROVED ". Such approved plans and specifications shall not be
changed, modified, or altered without authorization from the Building
Official, and all work shall be done in accordance with the approved
plans.
The Building Official may issue a permit for the construction
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of part of a. building or structure before the entire plans and
specifications for the whole building or structure have been
submitted or approved provided adequate information and detailed
statements have been filed complying with all pertinent requirements
of the Codes. The holder of such permit may proceed with the work
authorized by the•.permit, but only at his own risk and without
assurance that the permit for the entire building or structure will
be granted.
Sec. 7.01.135. Permits, Retention or Return of Plans
One set of approved plans, specifications, and computations
shall be retained by the Building Official for a period of at least
90 days from the date of completion of the work covered therein,
and one set of approved plans and specifications shall be returned
to the applicant, which set shall be kept at the building or work
site at all times while the work authorized thereby is in progress.
Plans, submitted for checking, for which no permit is issued and
on which no action is taken by the applicant for 180 days shall be
returned by mail to the last known address of the applicant, or
destroyed in the discretion of the Building Official. To renew
action on said plans, a payment of a new plan check fee shall be
required.
Sec. 7.01.140 Permits, Validity
The .issuance or granting of a permit or approval of plans or
specifications shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this Code.
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No permit purporting to give authority to do any work contrary to
the provisions of this Code or any law, ordinance or regulation is valid.
The issuance of a permit based on plans and specifications
shall not prevent the Building Official from thereafter requiring
the correction of errors in the plans and specifications or in the
work, or from stopping building operations done in violation of
this Code, or in violation of any provision of law or of any other
ordinance of the Town.
Sec. 7.01.145 Permits, Expiration
Every permit issued by the Building Official expires by
limitation and becomes void if either the work authorized by such
permit is not commenced within 120 days from the date the permit
is issued, or the work authorized by the permit is suspended or
abandoned at any time after it is commenced for a period of 120 days.
When a permit has expired under the terms of this section, work
shall not be begun or recommenced until a new permit is obtained.
The fee for such new permit is half of that for a new permit for such
work, if no changes are made in the original plans and specifications,
and if the delay, suspension or abandonment has not exceeded one year.
Sec. 7.01.150 Permits, Suspension and Revoc
The Building Official may, in writing, suspend or revoke a
permit he has issued whenever the permit was issued in error or on
the basis of incorrect information or was .issued in violation of the
provisions of this Code, or any law, ordinance or regulation. The
decision of the Building Official to suspend or revoke a permit is
appealable as provided in Sec. 7.01.065.
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Sec. 7.01.155 Uncompleted Work
Whenever the work authorized by a permit issued by the Building
Official has been suspended or abandoned for more than one year,
and the work .is in a substantially incomplete and deteriorated
condition, it is a public nuisance, and if the board so determines
at a hearing, the nuisance may be abated in any manner provided for
by law. The remedy provided by this section is cumulative.to any
other remedy, and the Town may elect whether to commence administrative
proceedings or to proceed initially to obtain judicial relief.
Sec 7.01.160 Notice and Procedure
Notice of the hearing to determine whether the building or work
is a public nuisance under the provisions of section 7.01.155 shall
be given in substantial conformity with the provisions of subdivisions
(c), (d) and (e) of Section 401 of the Uniform Code for the Abatement
of Dangerous Buildings. The hearing shall be conducted in the manner
provided in Chapter 6 of the Uniform Code for the Abatement of
Dangerous Buildings, as amended by sections 7.07.010, 7.07.015 and
7.07.020 of this Code.
Sec. 7.01.165 Permit Fees, Refunds
A fee for each permit issued shall be paid to the Town. The
fee shall be fixed by resolution of the Town Council. The deter-
mination of value for fee purposes is made by the Building Official.
Where work for which a permit is required by this Code is begun
before the permit is obtained, the fee for the permit is doubled.
Payment of the double fee shall neither relieve anyone from the duty
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of full compliance with the requirements of this Code in executing
the work nor from any penalties.
If a permit for work regulated by this Code is issued and no
portion of the work covered by the permit is begun, the permittee,
upon presenting the Building Official with a written request, is
entitled to refund of 80 per cent of the permit fee paid.
Sec. 7.01.170. Plan -Check Fees
When the value of proposed construction exceed $2,000.00 and
a plan is required, a plan -check fee shall:be paid to the Building
Official.
The plan -check fee for buildings of Groups R, Division 3 and M
occupancies is half of the building permit fee. Plan - check fees
for all other buildings are 65 per cent of the building permit fee.
Where plans are incomplete, or changed so as to require additional
plan- checking, an additional plan -check fee may be charged at a rate
established by the Building Official.
ec. 3.01.175 Inspections, Survey
All work for which a permit is required is. subject to inspection
by the Building Official, and construction shall have continuous
inspection by special inspectors designated by the Building Official
as specified in section 7.01.200.
A survey of the lot may be required by the Building Official
to verify compliance of the structure, including its location, with
the plans and ordinances.
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S ec. 7.01.180 Inspections, Inspectio Record Card
Work requiring a permit shall not be commenced until the
permittee has posted an inspection record card in a conspicuous
place on the premises, in such position as to allow the Building
Official conveniently to make the required entries thereon regarding
inspection of the work. This card shall be maintained in such
position by the permittee until occupancy has been approved.
Sec. 7.01.185 Inspect Approval Required
No work shall be done on any part of any building or structure
beyond the point indicated in each successive inspection without
first obtaining the written approval of the Building Official. Such
written approval shall be given only after an inspection shall have
been made of each successive step in the construction or work as
indicated by each of the required inspections. There shall be a
final inspection and approval on all buildings and structures.
Sec. 7.01.190 Ins pections, Called For
No reinforcing steel, or structural framework of any material,
of any part of any building or structure, or plumbing, mechanical
or electrical system shall be covered or concealed in any manner
whatever without first obtaining the approval of the Building Official.
The Building Official when notified by the permittee shall make the
following inspections and shall either approve that portion of the
construction as completed, or shall notify the permittee how
construction fails to comply with this Code.
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(a) Foundation Inspection: To be made after trenches are
excavated and forms erected and when all materials for the foundation
are delievered on the job. Where concrete from a central mixing
plan (commonly termed "transit mixed ") is to be used, materials need
not be on the job.
(b) Underfloor Plumbing: To be made after plumbing is in place
and prior to pouring slab if floor is concrete slab, or prior to
installing subfloor if floor is of wood construction.
(c) Rough Plumbing: To be made after roof, framing and bracing
are in place.
(d) Rough Wiring: To be made after roof, framing and bracing,
and rough plumbing are in place.
(e) Vents and Ducts: To be made after roof, framing and bracing,
rough plumbing, electric wiring, vents, chimneys and combustion air
and circulating air ducts are in place.
(f) Frame Inspection: To be made after the roof, all framing,
fire - blocking, and bracing are in place and all rough plumbing,
rough wiring, chimneys, vents and ducts are complete.
(g) Lath and Wallboard Inspection: To be made after all lathing
and wallboard, interior and exterior, is in place, but before any
plaster is applied or before wallboard joints and fasteners are taped
and finished.
(h) Final Inspection: To be made after building is completed
and ready for occupancy.
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Sec. 7.01.195 Inspections- Other
In addition to the called inspections specified above, the
Building Official may make or require any other inspections of any
construction work to ascertain compliance with the provisions of
this Code and all other laws and regulations.
Sec. 7.01.200 Inspections - Special
In addition to the inspections otherwise authorized by this
Chapter, the owner is required to employ a special inspector who
shall be present at all times during the following types of work.
(1) Concrete: During the taking of test specimens and placing
of all reinforced concrete and pneumatically- placed concrete.
EXCEPTIONS:
(a) Concrete for foundations conforming to minimum
requirements of Table No. 29 -A and for Group R,
Division 3 and Group M, Division 1 Occupancies
provided the Building Official finds no special
hazards exist.
(b) For foundation concrete, when the structural
design is based on an F' no greater than 2000 psi.
(c) Nonstructural slabs on grade, including pre - stressed
slabs on grade when effective prestress in concrete
is less than 150 psi.
(d) Site work concrete fully supported on earth and
concrete where no special hazard exists.
own
(2) Ductile moment - resisting concrete frame, as required by
Section 2626(h).
(3) Reinforcing steel and pre - stressing steel:
(a) During all stressing and grouting of pre - stressed
concrete.
(b) During placing of reinforcing steel, placing of
tendons and pre- stressing steel for all concrete
required to have special inspection by the
provisions of subdivision (1) of this Section
7.01.200.
EXCEPTION: The special inspector need not be present
during entire reinforcing steel and pre - stressing steel
placing operations, provided he has inspected for
conformance with the approved plans prior to the closing
of forms or the delivery of concrete to the job site.
(4) Welding:
(a) Ductile moment - resisting steel frames, as required
by Section 2722(h).
(b) All structural welding, including welding of
reinforcing steel.
EXCEPTIONS:
1. When welding is done in an approved fabricator's shop.
2. When approved by the Building Official, floor and roof
deck welding and welded studs, when used for structural
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diaphragm or composite systems may have periodic
inspections as defined in Section 7.01.200(12e).
For periodic inspection, the inspector shall check
qualifications of welders at start of work and then
make final inspection of all welds for compliance
prior to completion of welding.
(5) High - strength bolting: During all bolt installations and
tightening operations.
EXCEPTIONS:
1. The special inspector need not be present during the entire
installation and tightening operation provided he has:
(i) inspected the surfaces and bolt type for conformance
to plans and specifications prior to start of bolting,
and
(ii)will upon completion of all bolting verify the minimum
specified bolt tension for 10 per cent of the bolts for
each type of connection, for a representative number of
total connections established by the plans and
specifications.
2. In bearing -type connections when threads are not required by
design to be excluded from the shear plane, inspection prior
to or during installation will not be required.
3. When bolting is done in an approved fabricator's shop.
(6) Structural Masonry: During preparation of masonry wall
prisms, sampling and placing of all masonry units, placement of
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reinforcement, inspection of grout space immediately prior to
closing of cleanouts, and during all grouting operations. Where
the F' is less than 2600 psi and special inspection stresses are
used, test specimens may consist of either one prism test for each
5000 square feet of wall area or a series of tests based on both
grout and mortar for the first three consecutive days and each third
day thereafter.
EXCEPTION: Special inspection will not be required for structures
designed in accordance with the values in appropriate tables
for noncontinuous inspection.
(7) Reinforced Gypsum Concrete: When cast -in -place Class "B"
gypsum concrete is being mixed and placed.
(8) Insulating concrete fill: During the application of
insulating concrete fill when used as part of a structural system.
EXCEPTION: The special inspection may be limited to an initial
inspection to check the deck surface and placement of reinforcing.
(9) Sprayed -on fireproofing.
(10) Piling, drilled piers, and caissons: During driving and
testing of piles and construction of cast -in -place drilled piles or
caissons. See items 1 and 3 for concrete and reinforcing steel
inspection.
(11) Special grading, excavation and filling: During earthwork
excavations, grading and filling operations inspection to satisfy
requirements of Chapter 29 and Chapter 70 (Appendix).
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(12) Special cases: Work which, in the opinion of the Building
Official, involves unusual hazards.
(a) (Omitted)
(b) Special Inspector: The special inspector shall be a
qualified person who shall demonstrate his competence
to the satisfaction of the Building Official, to
inspect the particular type of construction or
operation requiring special inspection.
(c) Duties and Responsibilities of the Special Inspector.
1. The special inspector shall observe the work
assigned to be certain it conforms to the design
drawings and specifications.
2. The special inspector shall furnish inspection
reports to the Building Official, and to the
engineer or architect of record, and to other
persons designated by the Building Official.
All discrepancies shall be brought to the
immediate attention of the contractor for
correction; then if uncorrected, to the engineer
or architect and to the Building Official.
3. The special inspector shall submit a final report
signed by him stating whether the work he was
assigned to inspect was, to the best of his knowledge,
performed in conformance with the approved plans and
specifications and the provisions of this Code.
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(d) Waiver of Special Inspection. The Building Official
may waive requirement for the employment of a special
inspector if he finds that the construction is of
minor nature.
(e) Periodic Special Inspection. Some inspections may be
made on a scheduled periodic basis and satisfy the
requirements of continuous inspection, provided such
inspection is performed as shown in the approved plans
and specifications.
(f) Approved Fabricators. Special inspections required by
this Code shall not be required where the work is done
on the premises of a fabricator registered and approved
by the Building Official to perform such work without
special inspection. The certificate of registration
shall be subject to revocation by the Building Official
if he finds that any work is done in violation of this
Code. For each project the approved fabricator shall
make one or more Certificates of Compliance stating
that all of his work was performed in accordance with
the approved plans and specifications. Such certificates
shall be submitted to the Building Official and to the
engineer or architect of record. The approved
fabricator's qualifications shall be contingent on
compliance with the following:
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(1) That the fabricator has developed and submitted
a. detailed fabrication procedural manual reflecting
key quality control procedures which will provide
a basis for inspection control of workmanship and
the fabricator plant.
(2) Verification of the fabricator's quality control
capabilities, plant and personnel as outlined in
the fabrication procedural manual shall be by an
approved inspection or quality control agency.
(3) Periodic plant inspections shall be conducted by
an approved inspection or quality control agency
to monitor the effectiveness of the quality
control program.
(4) It shall be the responsibility of the inspection
or quality control agency to notify the approving
authority in writing of any change to the
procedural manual. Any fabricator approval may
be revoked for just cause. Reapprova.l of the
fabricator shall be contingent on compliance
with quality control procedures during the past year.
Sec 7.01.205 Certificate of Occupa
(a) No building or structure shall be used or occupied, and
no change in the existing occupancy classification of a building
or structure or portion thereof shall be made until the Building
Official has issued a certificate of occupancy therefor as provided
herein.
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(b) Change in Use. Changes in the character or use of a
building shall not be made except as specified in Section 502 of
this Code.
(c) Certificate Issued. After final inspection, when the
building or structure complies with this Code, the Zoning Ordinance
and all other ordinances, statues and regulations, and the Director
of Public Works, Planning Director and Fire Chief have concurred
in writing, the Building Official shall issue a Certificate of
Occupancy. The certificate shall contain the following:
1. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building
for which the certificate is issued.
5. A statement that the described portion of the
building complies with the requirements of this
Code for group and division of occupancy and the
use for which the proposed occupancy is classified.
6. The name of the Building Official.
(d) Temporary Certificate. A temporary Certificate of
Occupancy may be issued by the Building Official for the use of a
portion or portions of a building or structure prior to the completion
of the entire building or structure.
(e) Posting. The Certificate Occupancy shall be posted in a
conspicuous place on the premises and shall not be removed except by
the Building Official.
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ARTICLE II. BUILDING CODE
Sec. 7.02.010
Uniform Building Code Adoption
The Uniform Building Code, 1976 Edition, with Appendix
Chapters 13, 15, 35, 49, and 70 with modifications and omissions
provided in sections 7.02.020 through 7.02.050 of this article,
is adopted by reference.
Sec. 7.02.015 Uniform Building Code Standards Adoption
The Uniform Building Code Standards, 1976 Edition is adopted
by reference.
Sec. 7.02.020 Sections Deleted
Each of the following sections of the 1976.Uniform Building
Code is hereby deleted: 101, 102, 103, 104, 105, 106, 107, 201,
202, 203, 204, 205, 301, 302, 303, 304, 305, 306, 6003 and 6004,
respectively.
Sec. 7.02.025 Reference to Section Numbers
Any reference in the Uniform Building Code, commencing with
Chapter 4, to any of the sections deleted by section 7.02.020 now
refers to the successor section in Article I, commencing with
section 7.01.010 and ending 7.01.205.
Sec. 7.02.030 Reinforcing Foundations
Table 29 -A of the Uniform Building Code is amended by adding
the following footnote:
Bearing foundation walls shall be provided with a minimum of
two, 1/2 inch diameter reinforcing steel rods. Placement shall be
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one rod 3 inches from the bottom and one rod 3 inches from the top
of the foundation. Two lower rods, each embedded in the foundation
at least 15 feet of its length, shall be extended above grade to
provide access for electrical ground connections.
Sec. 7.02.035 Roof Drainage
Subsection 3207(e) of the Uniform Building Code is amended to
re ad:
(e) Over Public Property Roof drainage water from a building
shall not be permitted to flow over public property.
EXCEPTIONS:
1. Group R -3 and M Occupancies.
2. Other occupancies where the drainage plan and method of
drainage have been approved by the Director of Public Works.
Sec. 7.02.040 Dry Standpipes
Subsection 3803 (e) is added to the Uniform Building Code to
read:
(e) Limited Omission Separate standpipe may be omitted in
buildings equipped throughout with an approved automatic sprinkler
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 150 pounds
per square inch.
Section 7.02.045 Wet Standpipes
Exception No. 1 in subsection 3804(b) of the Uniform Building
Code is amended to read:
M-VC
f
1. Exception. Wet standpipes may be omitted in buildings
equipped throughout with an automatic fire extinguishing system.
However, in buildings less than 4 stories in height, 1 -1/2 inch
National Standard thread,valved connections shall be provided so
that all portions of the building are within 200 feet of the
connections.
Sec. 7.02.050 Sprinklers as Alternatives to Standpipes
Subsection 3805(c) is added to the Uniform Building Code to
read:
Separate standpipes may be omitted in buildings equipped
throughout with an approved automatic sprinkler system; however,
hose connections for fire department use, as outlined in section 3073,
NF.P.A.Pamphlet No. 13 shall be provided in all required stair
enclosures. The static pressure at hose connections shall not exceed
150 pounds per square inch.
ARTICLE III. HOUSING CODE
Sec. 7.03.010 Adoption by Reference of the Uniform Housing Code
The Uniform Housing Code, 1976 Edition, with omissions and
modifications provided in 'sections 7.03.015 through 7.03.020 of
this article is adopted by reference.
Sec. 7.03.015 Sections Deleted
Each of the following sections of the 1976 Uniform Housing Code
is hereby deleted: 101, 102, 103, 201, 202, 203, 204, 301, 302, 310.
Sec. 7.03.020 Reference to Section Numbers
Any reference in that portion of the Uniform Housing Code which
commences with Chapter 4 to any of the sections deleted by section
7.03.015 now refers to the successor section in Article I commencing
with section 7.01.010 and ending with section 7.01.205.
M=
ARTICLE IV. PLUMBING CODE
Sec. 7.04.010 Uniform Plumbing Code Adoption
The Uniform Plumbing Code, 1976 Edition, with appendix
Chapters.A, B, C, D, and with modifications and omissions provided
in sections 7.04.015 through section 7.04.045 of this article, is
adopted by reference.
Sec. 7.04.015
Installation Standards
The Uniform Plumbing Code Installation Standards, 1976 Edition,
is adopted by reference.
Sec. 7.04.020 Sections Deleted
Part I of 1976 Plumbing Code is hereby deleted.
Sec. 7.04.025 Plumbinq Code Reference
Any reference in the Uniform Plumbing Code, commencing with
Chapter 1, to any of the sections deleted by section 7.04.020 now
refers to the successor section in Article I, commencing with
section 7.01.010 and ending with section 7.01.205.
Sec. 7.04.030 Drainage Below Curb and Main Sewer Level
Subsection 409a of the Uniform Plumbing Code is amended to
read:
(a) Drainage piping serving fixtures, the flood level rims of
which are located below the elevation of the curb or property line,
at the point where the building sewer crosses under the curb or of
which are located below the elevation of the nearest upstream public
sewer structure capable of overflow and relief (i.e. manhole,
1z"Usa
flushing inlet), shall drain by gravity into the main sewer and
shall be protected from backflow of sewage by an approved backwater
valve. Such backwater valve need be installed only in portions of
the drainage system which receive: the discharge of fixtures located
below the elevation of the curb or manhole.
Sec. 7.04.035 Running Water Required
Section 1001 of the Uniform Plumbing Code is amended to read:
(a) Except where not deemed necessary by the .administrative
.authority, each plumbing fixture shall be provided with an adequate
supply of potable running water piped thereto in an approved manner,
so arranged as to flush and keep it in a clean and sanitary condition
without danger of backflow or cross - connection.
(b) Water closets and urinals shall be flushed by means of an
approved tank or flush meter valve. Tank type water closets installed
in residential occupancies shall be approved fixtures which limit the
average amount of water per flush to 3 ®1/2 gallons.
EXCEPTION: Standard flush water closets may be .installed when
in the opinion of the administrative authority the configuration
of the drainage system requires greater quantity of water to
adequately flush the system.
(c) Sink faucets, tray faucets, and lavatory faucets shall be
of a type, or shall be equipped with an aerator, which allows a flow
of no more than 3 -1/2 gallons per minute.
(d) Showers, including shower heads over bath tubs, installed
in new residential construction shall be equipped with valves and /or
-41-
shower heads which allow a flow of no more than four (4) gallons
per minute.
ec. 7.04.040 Installation, Inspection and Testing
Subsection 1008f is added to the Uniform Plumbing Code to
read:
Sec. 1008f
Protection of Ferrous Pipe
Ferrous water piping installed underground shall be
protected from corrosion by approved coatings or wrapped
materials and all such horizontal piping shall have at least
twelve (12) inches of earth mover or equivalent protection;
risers shall be protected in an approved manner to a point
at least six (6) inches above grade.
Sec. 7.04.045 Cleanouts
Subsection 11078 is. added to the Uniform Plumbing Code to
read:
Sec. 11078 Cleanouts shall be provided at the intersection
of the building sewer and the public sewer lateral. Such
cleanout shall be extended to grade and shall be made
accessible by yard boxes.
EXCEPTION: Cleanouts at the intersection with the public sewer
lateral may be omitted when the building sewer is 25 feet or
less in length and has an exterior cleanout in accordance with
section 1107a which is extended to grade and accessible by
yard box.
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ARTICLE V. ELECTRICAL CODE
Sec 7.05.010 National Electric Code Adoption
The National Electric Code, 1978 Edition, with modifications
and omissions provided in sections 7.05.015 through 7.05.035 of
this article, is adopted by reference.
Sec. 7.05.015
Sections Dele
Articles 550, 551, 810 and 820 of the National Electric Code
are hereby deleted.
Sec. 7.05.020
Grounding Electrode
Section 250 -81 of the National Electric Code is amended by
adding subsection (e) to read:
(e) Where a concrete encased grounding electrode is installed
as required by section 7.020.30, a supplementary grounding conductor
shall be installed.
Sec. 7.05.025 General Requirements
Section 300 -1 of National Electric Code is amended by adding
subsection (c) to read:
(c) Buildings other than residential shall be wired in approved
metallic raceway. For the purpose of this section, hotels and motels
are considered commercial buildings.
S ec. 7.05.030
Non -Metal Sheathed Cable Restrictions
Section 336.3 of the National Electric Code is amended to
read:
336 -3 Uses Permitted or N ot Permitted
Type NM and Type NMC cables shall be permitted to be used
in one and two- family dwellings, or multifamily dwellings not
-43-
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 50 per cent or
more of its perimeter.
Sec. ;2:05.035
Wiring Methods
Section 5183 of the National Electric Code is amended by
deleting Exception No. 1.
..
ARTICLE VI. BUILDING RELOCATION CODE
Sec. 7.06.010. Title
This article is the Building Relocation Code of the Town
of Los Gatos.
Sec. 7.06.020. Permit Reg 4ir Exceptions
It is unlawful for any person to move any building or structure
on any parcel of land in the Town -- except a contractor's tool house,
construction building or similar structure which is moved as
construction work requires -- without first obtaining a permit and
posting a bond as provided in this article.
Sec. 7.06.030. Permit, Application, Fees
An application for a permit shall be made in writing on the
form provided by the Town. The application shall:
(a) Be signed by the permittee, or his authorized agent
(who may be required to submit evidence to prove his authority),
(b) Be accompanied by plans, photographs or other substantiating
data as reasonably may be required by the Building Official, and
(c) Contain such information as reasonably may be required by
the Building Official in order to carry out the purposes of this
chapter.
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IBM
Sec. 7.06.040 Application, General Requirement
The application, including the plans and other data filed with
it, shall be checked by the Building Official. He is authorized to
conduct any investigation in connection therewith that he determines
is reasonably necessary. If when the Building Official has
completed his investigation and has notified the applicant that a
permit will issue, the applicant fails for a period of 60 days to
post the bond and any other instrument required by this article, the
application shall become void.
Se c. 7. 06.050 . Permit, Issuance, Fees
Subject to the requirements contained in this Chapter, if in
the judgment of the Building Official the conditions of the building
or structure can be effectively and practically repaired or restored
to comply with this Code, he shall issue a permit to the owner of
the property where the building or structure is to be located.
A permit fee shall be paid at the time of issuance of the permit.
The amount of the fee shall be fixed by resolution of the Town Council.
Sec 7. Permit, When Issuance Prohibited
The Building Official shall not issue a. permit for any building
or structure:
(a) Which does not or cannot be repaired or modified to comply
with this Code, as it presently exists or hereafter may be amended.
(b) Which is so constructed or in such condition as to be
substandard building,
-47-
(c) Which is infested with pests or is unsanitary,
(d) Which is so dilapidated, defective, unsightly, or in such
a condition of deterioration or disrepair that its relocation at
the proposed site would cause appreciable harm to or be materially
detrimental to the existing improvements on nearby property,
(e) If the proposed use is prohibited by the Zoning Ordinance,
(f) If the structure is of a type prohibited at the site of
the proposed relocation by the Los Gatos Town Code, or any other
statute or ordinance, or
(g) If the structure or site has not received approval as
prescribed in sections 5.20.020 through 5.20.050 of the Zoning
Ordinance. The body granting such approval -shall first.c:onsider'.
and determine that the proposed site and building are compatible in
use, size and architecture with other buildings and structures in
the area of the proposed relocation.
Sec. 7.06.070 Permit, Conditions
In connection with the issuance of any permit, the Building
Official or the body granting architecture and site approval or both
may attach to the permit such conditions which are necessary to assure
compliance with the purposes of this chapter and the Zoning Ordinance,
and to assure that the building or structure when relocated will be
compatible with and not detrimental or injurious to the buildings or
structures in the area of the proposed relocation. Such conditions
may include, but are not limited to:
(a) A limitation of the period of time required to complete
the work of relocation,
E•
(b) Requirements for changes, alterations, additions or
repairs,
(c) The providing of all utility services by the time the
building relocation is finished,
(d) Provision for any improvement work or dedication provided
for by the Zoning Ordinance,
(e) The applicant's written agreement to indemnity the Town
for any and all damages or injury to Town property incurred in the
course of the moving, including but not limited to damage or
injury to streets, thoroughfares, pavements, curbs, gutters,
sidewalks, sewers, public lighting equipment and plants.
Sec. 7.06.080 Permit, Bond Required
As a condition precedent to the issuance of any building
relocation permit, the applicant shall post a surety bond, the form
of which is subject to approval by the Town Attorney, issued by a
surety company conducting business in California. The penal sum of
the bond shall be an amount equal to the estimated cost, plus ten
per cent, of all the work required to perform the relocation to
comply with all of the conditions of the permit. The cost estimate
is made by the Building Official.
The applicant, in lieu of posting a surety bond, may deposit
with the Town an amount equal to the required bond amount, in cash.
Sec. 7.06.090 Bond, Conditions
A surety bond shall contain, and any deposit shall be subject
to, the following conditions:
.•
(a) All work, including performance of conditions of the
permit (except for performance of conditions such as street improve-
ments when provision is made in a contract with the Town to do the
work at a later time) shall be performed and completed within 120
days after the date of issuance of the permit. After that time, the
permit expires.
(b) The time limit and expiration date of the permit may be
extended for good cause after written request*of both the principal
and the surety. The request may be made either during or after the
120-day period. If the Building Official decides to grant the request
he shall notify the principal and surety in writing stating the new
deadline. He need not grant the request if the work is not being
done continuously and diligently, or if reasonable progress has not
been made.
(c) The term of each bond shall begin on the date the bond
instrument is delivered to the Town, and shall end upon the acceptance
by the Building Official of performance of all the terms and conditions
of the permit as satisfactory and complete.
(d) The Building official, the surety and their representatives
shall have access to the premises to inspect the progress of the work.
(6) Upon default by the principal, the surety shall be required
to complete the work and to perform all conditions of the permit. The
principal shall give the surety right-of-entry onto the site for those
purposes.
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(f) In the event of any default in the performance of any
term or condition of the permit, or failure to complete the work
before the permit expires, the surety or any person employed or
engaged on its behalf, or the Building Official, or any person employed
or engaged on behalf of the Town may go on the premises to complete
the required work or to remove or demolish the building or structure,
and clear, clean and restore the site.
Sec. 7.06.100 Bond, Default
If the permittee as principal on the bond defaults in the
performance of the conditions required by the permit, or fails to
complete the work before the permit expires, the Building Official
shall give notice in writing to the principal and the surety, stating
the conditions which have not been complied with and the period of
time deemed by him to be reasonably necessary for the completion of
the work.
After receipt of the surety, within the time therein specified,
shall finish the work. When the principal has defaulted in any way,
the surety, at its option, in lieu of completing the work required,
may remove or demolish the building or structure and clear, clean and
restore the site.
Sec. 7.06.110 Bond Other Than Surety Bond, Default
If a deposit has been made as provided in section 7.06.080, the
Building Official shall give notice of default, as provided in
section 7.06.100, to the permittee. If the permittee does not perform
within the time specified in the notice, the Building Official shall
-51-
proceed without delay and without further notice or proceeding
whatever to use the deposit, or any portion of the depos.i- - - necessary":
to cause the required work to be done by contract or otherwise at his
discretion, upon the completion of the work. The balance, if any, of
the deposit, shall be returned to the depositor or to his successors
or assigns after deducting the cost of the work plus ten per cent of
the cost, which is an amount to defray the Town's cost in enforcement
and administration.
Sec. 7.06.120 Bond Other than Surety Bond, Release
When a deposit has been made as provided in section 7.06.080 and
all requirements of the permit have been completed, the Building
Official shall return the deposit to the depositor or to his successors
or assigns, except any portion thereof that may have been used or
deducted as provided in this section.
Sec. 7.06.130 Interference with Demolition or Removal o f Building
It is unlawful for any person to interfere with or obstruct the
Building Official, any person engaged by the Town or any representative
of any surety, engaged in inspection or in the work of completing,
demolishing, or removing any building or structure for which a building
relocation permit has been issued, after a default has occurred in
timely completion of the work or in the performance of the other terms
or conditions of the permit.
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ARTICLE VII. UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS
Sec. 7.07.010 Adoption
The Uniform Code for the Abatement of Dangerous Buildings,
1976 Edition with modifications and omissions provided in section
7.07.015 through section 7.07.020 of this article is adopted by
reference.
Sec. 7.07.015 Section Deleted
Each of the following sections -of the Uniform Code for the
Abatement of Dangerous Buildings is hereby deleted: 101, 102,
103, 201, 202, 203, 204, 205.
Sec. 7.07.020
Re ference to Section Numbers
Any reference in the Uniform Code for the Abatement of
Dangerous Buildings to any of the sections deleted in section 7.07.015
of this article shall be deemed to refer to the appropriate section
of Article I of this chapter, commencing with section 7.01.010 and
ending with section 7.01.205.
ISIS
SECTION 4.
Section 12 -13.1 (Ordinance No. 997 ) is deleted from the
Town Code, but is not repealed.
SECTION 5.
Chapter 12 is added to the Los Gatos Town Code to read:
ARTICLE I. GENERAL PROVISIONS
Sec. 12.01.010 Inclusion in Central Fire District
The Town of Los Gatos is included in C
District. The Town's inclusion is provided
of the Town. References in this chapter to
to the fire chief mean the district and its
Sec. 12.02.005 Fire Chief's Deputies
The fire chief may deputize any member
antral Fire Protection
for in Ordinance No.997
the fire department and
chief.
of the fire department
to perform any act which the chief is authorized by this chapter 12 to
perform. The deputizing may be in express terms or may be implicit
in an employee's job description or in an order, regulation, or
practice of the chief or the department.
Sec. 12.02.010 Plan Review
The fire department is responsible to review all plans for
construction of all buildings except the interior of dwellings, for
the purpose of ascertaining and causing to be corrected any condition
liable to cause fire, endanger Life from fire or any violation of
the provisions or intent of this Code and any other ordinance
affecting the fire hazard.
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Sec. 12.02.015 Powers of Peace Officer - Citations
(1) The officers of - the fire department have the powers of
peace officers while engaged in the performance of their duties.
(2) The fire department's officers may issue citations for
violations of this Chapter.
Sec. 12.02.020 Abatement of Hazard by Fire Chief
(1) If any person fails to comply with the orders of the
fire chief, or in the event the fire chief is unable to locate the
responsible person within a reasonable time, the fire chief may
take such steps to abate the fire hazard as are necessary for the
protection of the public health and safety. In no event is notice
necessary before abatement when thefire hazard constitutes a clear
and present danger to the public welfare.
(2) The cost of any such abatement is a debt to the Town of
the owner of the premises or of any person who, by his act or
inaction, caused the fire hazard. The cost of the abatement shall
become a lien on the premises when the need for the abatement and
the amount of the cost have been established in the manner provided
in sections 7.07.010 through 7.07.020 of this code.
Sec. 12.02.025 Fees for Checking, Inspection Services and Permits
The Town Council may by resolution establish a schedule of fees
to be charged and collected for checking and inspection services
performed and for the issuance of permits.
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Sec. 12.02.030 Building Inspection Division to Forward Plans
The Building Official shall promptly send the fire chief
one copy of any plans and specifications required to be reviewed
by the fire chief.
Sec. 12.02.035 Appeals
The provisions of section 7.01.065 of this Code apply to the
Uniform Fire Code, with the fire chief substituted for the
Building official.
Sec. 12.02.040 Fire Zone
The entire Town is in Fire Zone 3.
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ARTICLE III. FIRE PREVENTION
ec. 12.03.010 Uniform Fire Code Adoption
The Uniform Fire Code, 1976 Edition, with appendices, except
Appendix H, with modifications and further omissions provided in
sections 12.03.020 through 12.03.175, is adopted by reference.
Sec. 12.03.020 Permits and Violations
Subsection 1.301(c) is added to the Uniform Fire Code, to
read:
(c) It is unlawful for any person to conduct or maintain any
business, occupancy or activity that requires a permit by the Fire
Code, without first securing the proper permit from the fire chief.
No person.shall continue to conduct or maintain any such business,
occupancy or activity when such permit expires or becomes invalid
for any reason.
Sec. 12.03.025 Applications for Permits
Section 1.302 of the Uniform Fire Code is amended to read:
All applications for permits are made to the fire chief in such
form and detail as he prescribes.
Sec. 12.03.030 Prior Permits
Section 1.309 is added to the Uniform Fire Code, to read:
Permits issued by the fire marshal or fire chief prior to the
adoption of the Fire Code to maintain and operate any occupancy or
use in accordance with the provisions of any ordinance heretofore
existing, shall remain in effect for not longer than one year after
the date of adoption of this Chapter. Such permits shall thereafter
be renewed as required in Section 1.301(b) of the Fire Code.
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Sec. 12.03.035 Permits Required
Section 1.301 is added to the Uniform Fire Code, to read:
(a) A permit is required to install, alter or change, unless
otherwise herein noted, any fire hydrant system, fire extinguishing
system, fire alarm system, flammable liquid, hazardous chemical or
compressed gas installation.
(b) It is a misdemeanor to operate, maintain or use any
institution until all state and local laws and regulations governing
safety from fire and panic have been satisfactorily complied with
and a permit from the fire chief has been obtained for that occupancy.
(For the purpose of this section, the word institution includes, but
is not limited to, hospital, children's home, institution, home or
institution for insane or mentally retarded persons, home or institution
for the care of aged or senile persons, sanitarium, nursing or
convalescent home, certified family care homes, out -of -home placement
facilities, halfway houses, and day care nurseries, or a similar
facility of any capacity.)
Sec. 12.03.040 Posting and Inspection
Section 1.311 is added to the Uniform Fire Code, to read:
(1) Every permit shall be conspicuously posted on the premises
or shall be kept on file on the premises readily available for
inspection.
(2) No portion of any equipment or device whose function or
installation is covered by the Fire Code intended to be covered by
earth or enclosed within permanent portions of a building or
IM:
structure shall be covered or enclosed until it has been inspected
and approved. Inspections shall be requested prior to covering or
enclosing of any such equipment or device. Such request shall be
made during fire department business hours, not less than 24 hours
prior to the requested time for inspection, and in no case later
than 4000 pm on the last working day in the fire department's business
office prior to the requested day of inspection. Such equipment or
device shall not be covered or enclosed until it has been inspected
by the fire chief.
(3) When the construction or installation work is completed
and the appliance, device, equipment or system is ready for operation
or use, a final inspection shall be requested. The request shall
be made in the manner set forth above. No such appliance, device or
equipment shall be used or operated until the installation has been
approved by the authorized person making the final.inspection. No
such appliance, device, equipment or system shall be used until final
acceptance has been granted by the fire department.
Sec. 12.03.045 Exposing Work for Inspection
Section 1.312 is added to the Uniform Fire Code, to read;
whenever any installation is covered or concealed without first
having been inspected, the fire chief may require, by written notice,
that such work shall be exposed for inspection. whenever any
construction or ,installation work is being performed in violation of
the plans and specificat:.i.ons as approved by the fire chief, a written
notice shall be .issued to the responsible party to stop work on that
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portion of the work which is in violation. The notice shall state
the nature of the violation, and no work shall be done on that
portion until the violation has been corrected.
Sec. 12.03.050 Sale or Delivery Without Permit
Section 1.3.3 is added to the Uniform Fire Code, to read:
No person shall sell, deliver or cause to be delivered, any
commodity to any person not in possession of a, valid permit when
such permit is required by the provisions of this Code.
Sec. 12.03.055 Anhydrous Ammonia
Section 8.116 is added to the Uniform Fire Code, to read:
Anhydrous ammonia shall be stored and handled so as to be
reasonably safe to persons and property. Evidence that anhydrous
ammonia has been stored and handled in accordance with AN:S:I- X61.1,
Safety Requirements for the Storage and Handling of Anhydrous Ammonia,
1966 edition, is evidence that such anhydrous ammonia is reasonably
safe to persons and property.
Sec. 12.03.060 Exits
Subsection 10.103(f) is added to the Uniform Fire Code, to
read:
(f) Exits shall be provided in accordance with the provisions
of the Building Code.
Sec. 12.03.065 Illu mination of Exit Signs
Subsection 10.113(c) of the Uniform Fire Code is amended to
read:
IN
(c) Exit signs serving .rooms or areas in buildings with an
occupant load of 100 or more persons shall be lighted with two
electric lamps of not less than 15 watts each supplied by two
separate sources.
Sec. 12.03.070. Fireworks
Section 12.102 of the Uniform Fire Code is amended to read:
The manufacture, sale or discharge or possession of fireworks
in the Town is prohibited.
Sec. 12.03.075 Sections D
Sections 12.103 and 12.104 are deleted from the Uniform Fire
Code.
Sec. 12.03.085 Water Supply
Subsection 13.301(f) is added to the Uniform Fire Code, to
read:
(1) Where water supplies available for fire protection do not
meet the above requirements, buildings equipped throughout with an
approved automatic sprinkler system, or dwellings and any accessory
buildings thereto located at least 20 feet from a property line,
need not mandatorily comply with the provisions of this section.
(2) Buildings over three stories or 35 feet high, or that
require a fire flow in excess of 2,000 gallons per minute, shall be
equipped throughout with an approved automatic sprinkler system.
For the purpose of this subsection, dwellings with exterior walls
protected in accordance with the provisions of the Building Code
need not comply.
WON
Sec. 12.03.090 Final Inspection
Subsection 13.301(g) is added to the Uniform Fire Code, to
read:
No final inspection of all or any portion of a development
shall be deemed completed until the installation of the required
facilities and accessways have been completed and approved.
Sec. 12.03.09
Combustible Waste Storage
Subsection 13.301(h) is added to the Uniform Fire Code to
read:
(h) Standard automatic sprinkler protection shall be provided
in all rooms containing combustibel waste storage and above all
combustible waste storage areas within 10 feet of a building or roof
overhang in all occupancy groups except 1 and 2 family dwellings.
Such sprinklers may be connected to the domestic water supply,
provided the piping for domestic water supply and sprinkler piping
is sufficient to supply the area, and is provided an approved
accessible O.S. and Y type shutoff valve for each room or area. If
there is no ceiling, a heat - baffle plate shall be provided not more
than six inches above the sprinkler head.
Sec. 12.03.100 Alarm Systems and Emergency Planner
Section 13.307 of the Uniform Fire Code is amended to read:
(a) General. All fire alarm systems shall be installed in
accordance with the provisions of this article.
(b) Fire alarm systems required. Manual or automatic fire
alarm systems shall be installed in every building three or more
stories in height.
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(c) Installation, inspection and maintenance of fire alarm
systems shall be according to the standards of the National Fire
Protection Association and standards set by the fire chief.
(d) Fire alarm annunciator panels shall be provided at locations
required by the fire chief.
(e) Fire alarm systems shall be designed to warn all occupants
of the building simultaneously.
(f) Emergency pre -fire planning. The owner or person in
control of the buildings covered by this section shall conduct
periodically, training programs in first aid, the use of fire equipment
and methods of evacuation. Procedures to be followed in the event of
fire or other emergencies shall also be established, including, but
not limited to:
(1) Posting the telephone number of the fire department
in a conspicuous and plainly visible location near the telephone.
(2) Assignment of a responsible person to call the fire
department upon notification of any fire or the activation of
any fire alarm or sprinkler system for any reason.
(3) Designation of area where occupants are to be located
after evacuation of the building,
ec. 12.03.105. Sprinkler Alarms
Section 13.309.1 is added to the Uniform Fire Code, to read:
When an approved automatic sprinkler system is installed in
conjunction with a fire alarm system, the automatic sprinkler system
shall be provided with a, water flow device which shall cause activation
of the fire alarm signaling device,
a MOM
Sec. 12.03.110 Valve Supervisor
Section 13.309.2 is added to the Uniform Fire Code, to read:
An approved electrical supervisory switch shall be provided
on each sprinkler control valve when a sprinkler system is installed
in conjunction with a fire alarm system. Operation of the switch
shall activate an approved signal and light.
Sec. 12.03.115 Separate Dry Standp
Subsection 13.310 (d) is added to.the Uniform Fire Code, to
read:
(d) Separate standpipes may be omitted in buildings equipped
throughout with an approved automatic sprinkler system; however,
hose connections for fire department use, as outlined in section
3073, National Fire Protection Association (hereinafter referred to
as N.F.P.A.) Pamphlet No. 13, shall be provided in all required
stair enclosures. The static pressure at hose connections shall
not exceed 150 pounds per square inch.
Sec. 13.03.120 Wet Standpipe General Exception 1
Subsection 13.311(a) of the Uniform Fire Code is amended to
read:
(a) (1) Wet standpipes are not required in buildings equipped
throughout with an automatic fire - extinguishing system. However,
in buildings less than four stories in height, one and one -half inch
National Standard thread valved connections shall be provided so that
all portions of the building are within 200 feet of the connections.
,.
.Sec. 12.03.125 Separate Combination Standpipes
Subsection 13.312(d) is added to the Uniform Fire Code, to
read:
(d) Separate standpipes may be omitted in buildings equipped
throughout with an approved automatic sprinkler system; however,
hose connections for fire department use, as outlined in section
3073, N.F.P.A. Pamphlet No. 13, shall be provided in all required
stair enclosures. The static pressure at hose connections shall
not exceed 150 pounds per square inch.
Sec. 12.03.130 Basement Pipe Inlets
Subsection 13.314(a) of the Uniform Fire Code is amended to
read:
(a) When required, basement pipe inlets shall be installed in
the first floor of every store, warehouse or factory having cellars
or basements, except where the cellar or basement is equipped with
an automatic fire extinguishing system.
Sec. 12.03.135 Combustible Liquids
Subsection 15.201(a) of the Uniform Fire Code is amended to
read:
(a) Restricted Locations. The storage of flammable and
combustible liquids in above ground tanks outside of building is
prohibited within the mercantile and other congested districts.
Sec. 12.03.140 Bulk Plants
Section 15.601 of the Uniform Fire Code is amended to read:
No new bulk plant shall be constructed within areas zoned solely
for residential occupancies and for mercantile establishments primarily
retail in character.
465-
ec. 12.03.145. Combustible Waste
Subsection 27.201(b) of the Uniform Fire Code is amended to
read:
(b) All combustible waste, rubbish, oily rags, or waste
material, when kept within a building or adjacent to a building,
shall be stored in approved containers or in rooms or vaults
constructed of noncombustible materials.
Sec. 12.03.150 Earthquake Barriers
Section 27.207 is added to the Uniform Fire Code, to read:
Shelves used for the storage of containers of flammable or
combustible liquids, corrosive or reactive materials shall be
provided with approved earthquake barriers.
Sec. 12.03.155 Dumping.
No person shall place, deposit or dump any ashes or combustible
waste material in or upon any lands not approved for such use.
Sec. 12.03.160 Welding or Cutting
Section 31.101.1 is added to the Uniform Fire Code, to read:
A permit is equired for each person performing welding or
cutting operations.
Sec. 12.03.165 Fire Break Plantings
Subsection 16(c) is added to Appendix E of the Uniform Fire
Code, to read:
(c) When brush or vegetative growth is removed and cleared
away to provide a firebreak as required in this section, suitable
growth which will not form a means of rapidly transmitting fire shall
..
be planted in a manner that will reduce soil erosion.
Sec. 12.03.170 Roof Covering
Section 24 of Appendix E is added to the Uniform Fire Code
regarding roof coverings, to read:
Roof coverings on all buildings shall be fire - retardant, or
any class C prepared or built -up roofing, or cedar or redwood
shakes and shingles constructed in accordance with the requirements
of Uniform Building Code Standard No. 32 -14 for special purpose roofs.
EXCEPTION: Existing Buildings.
Sec. 12.03.175 Dwelling Occupancies
Subsection 13.208(a) (EXCEPTION) of the Uniform Fire Code is
amended to read:
(a) EXCEPTION. When there are not more than two Group R,
Division 3 or M Occupancies as defined by the Building Code, the
requirement of this Section may be modified when, in the opinion
of the Chief, fire - fighting or reserve operations would not be
impaired.
SECTION 6.
This ordinance takes effect 30 days after the date it is
adopted. Within 15 days after this ordinance is adopted the Town
Clerk shall cause 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 /L���� f� /9 19
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and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council on April 2,
19 79
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualtier_ i,
John B. Lochner
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS Non
ABSENT: COUNCIL MEMBERS peter W. Siemens
SIGNED
M or of the Town of Los Gatos
ATTEST:
�e� f da5�
Clerk olE the Town of Los GAtos
mum