Attachment 1 - Ordinance Adopting new Building and Fire Codes1 of 61
Ordinance December 3, 2019
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REPEALING AND REPLACING CHAPTER 6, BUILDING REGULATIONS, AND
CHAPTER 9, FIRE PREVENTION AND PROTECTION, AND
ADOPTING NEW 2019 CALIFORNIA BUILDING AND FIRE CODES, AS AMENDED,
INCLUDING REACH CODES
WHEREAS, every three years, 14 State of California agencies review, amend, and
propose model codes to be adopted by the Building Standards Commission; and
WHEREAS, the California Building Standards Commission completed the adoption and
approval of 12 new building codes, and local jurisdictions are required to adopt these codes by
January 1, 2020; and
WHEREAS, the Town of Los Gatos is proposing to adopt and amend Part 1, the California
Administrative Code to address administrative provisions; and
WHEREAS, the Town of Los Gatos is proposing to adopt the California Building Standards
Codes as Chapter 6 and the California Fire Code as Chapter 9 of the Town Code and to make
amendments to address climatic, topographic, and geological conditions; and
WHEREAS, the Town of Los Gatos is proposing to adopt the 2018 International Property
Maintenance Code and portions of the 2018 International Existing Building Code to provide
procedures for the maintenance, repair, and demolition of existing buildings; and
WHEREAS, the Town of Los Gatos, in adopting these codes will be consistent with the
State of California and other local municipalities.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
CHAPTER 6 is deleted in its entirety and replaced with the following:
ARTICLE I. IN GENERAL (reserved)
ATTACHMENT 1
ARTICLE II. ADMINISTRATION OF CODES
Sec. 6.20.010. Conflicting Provisions.
When any provisions of the administrative sections of the codes adopted in this Chapter 6 are
in conflict with the administrative provisions found in the California Administrative or Building
Codes, the California Administrative and Building Codes shall ap ply. If any code adopted in this
Chapter does not include administrative provisions, the administrative provisions of the
California Administrative and Building Codes shall apply.
ARTICLE III. BUILDING CODE
Sec. 6.30.010. Adopted.
The 2018 International Building Code (IBC) as amended by the State of California Building
Standards Commission and known as the 2019 California Building Code (CBC), California Code
of Regulations Title 24, Part 2, Volumes 1 and 2, with Appendix Chapters B, I, and J, with
modifications provided in sections 6.30.020 through 6.30.180 of this article, is adopted by
reference.
The 2019 California Administrative Code, California Code of Regulations, Title 24, Part 1, is also
adopted by reference.
Sec. 6.30.020. Fire Protection Systems.
Section 901.2 of the California Building Code adopted by this article is amended to read as
follows:
Fire Protection Systems. Fire protection systems shall be installed, repaired, operated, and
maintained in accordance with this code and the California Fire Code as amended by the Town
of Los Gatos.
Sec. 6.30.030. Roof Drainage.
1502 is amended to add Section 1502.5 as follows:
Section 1502.5
Over Public Property.
Roof drainage water from a building shall not be permitted to flow over public property.
Exception(s): 1) Group R3, and Group U Occupancies
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2) Other occupancies where the drainage plan and method of drainage have
been approved by the “Building Official."
Sec. 6.30.040. Roof Covering Requirements in a Wildland-Urban Interface Fire Area and other
areas.
Section 1505.1.2 is amended as follows:
1505.1.2 Roof coverings within state responsibility areas. The entire roof covering of every
existing structure where more than 50 percent of the total roof area is replaced within any one -
year period, the entire roof covering of every new structure, and any roof covering applied in
the alteration, repair or replacement of the roof of every existing structure, shall be fire-
retardant roof covering that is at least Class B Class A.
Section 1505.1.3 is amended as follows:
1505.1.3 Roof coverings within all other areas.
The entire roof covering of every existing structure where more than 50 percent of the total
roof area is replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement of the roof of
every existing structure, shall be fire-retardant roof covering that is at least Class C Class A.
Section 1505.1.4 is amended as follows:
1505.1.4. Roofing requirements in a Wildland-Urban Interface Fire Area. The entire roof
covering of every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair, or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
Roofing requirements for structures located in a Wildland -Urban Interface Fire Area shall also
comply with Section 705A.
701A.3 is amended as follows:
701A.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-
Urban Interface Fire Area designated by the enforcing agency constructed after the application
date shall comply with the provisions of this chapter.
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy and not
exceeding 120 square feet in floor area, when located at least 30 feet from
an applicable building.
2. Buildings of an accessory character classified as Group U occupancy of any
size located at least 50 feet from an applicable building.
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3. Buildings classified as a Group U Agricultural Building, as defined in Section
202 of this code (see also Appendix C – Group U Agricultural Buildings), when
located at least 50 feet from an applicable building.
4. Additions to and remodels of buildings originally constructed prior to the
applicable application date.
5. Group C, special buildings conforming to the limitations specified in Section
450.4.1.
For the purpose of this section and Section 710A, applicable building includes all buildings that
have residential, commercial, educational, institutional, or similar occupancy type use.
707A.9 is amended as follows:
707A.9 Underside of appendages. When required by the enforcing agency the underside of
overhanging appendages shall be enclosed to grade in accordance with the requirements of this
chapter or the underside of the exposed under-floor shall consist of one of the following:
1. Noncombustible material
2. Ignition-resistant material
3. One layer of 5/8-inch Type X gypsum sheathing applied behind an e xterior covering on
the underside of the floor projection
4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the
underside of the floor including assemblies using the gypsum panel and sheathing
products listed in the Gypsum Association Fire Resistance Design Manual
5. The underside of a floor assembly that meets the performance criteria in accordance
with test procedures set forth in either of the following:
5.1 SFM Standard 12-7A3; or
5.2 ASTM E2957
Exception: Structural column and beams do not require protection when constructed
with sawn lumber or glue laminated wood with the smallest minimum nominal
dimension of 4 inches (102 mm). Sawn of glue-laminated planks splined, tongue-and-
groove, or set close together and well spiked.
710A.3 is amended as follows:
710A.3 Where required. No requirements shall apply to accessory building or miscellaneous
structures when located at least 50 feet from an applicable building. Applicable accessory
buildings and attached miscellaneous structures, or detached miscellaneous structures that are
installed at a distance of less than 3 feet from an applicable building, shall comply with this
section. When required by the enforcing agency, detached miscellaneous structures that are
installed at a distance of more than 3 feet but less than 50 feet from an applicable building shall
comply with the requirements of this section.
710A.3.1 Accessory building requirements. Applicable accessory buildings that are less
than 120 square feet in floor area and are located more than 30 feet but less than 50 feet from
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an applicable building shall be constructed of noncombustible materials or of ignition-resistant
materials as described in Section 704A.2.
710A.3.2 Attached miscellaneous structure requirements. Applicable miscellaneous
structures that are attached to, or installed at a distance of less than 3 feet from, an applicable
building shall be constructed of non-combustible materials or of ignition-resistant materials as
described in Section 704A.2.
710A.3.3 Detached miscellaneous structure requirements. When required by the
enforcing agency, applicable detached miscellaneous structures that are installed at a distance
of more than 3 feet but less than 50 feet from an applicable buildi ng shall be constructed of
noncombustible materials or of ignition-resistant materials as described in Section 704A.2.
Applicable accessory buildings and attached miscellaneous structures or detached
miscellaneous structures shall comply with this section and shall be constructed of
noncombustible materials or of ignition-resistant materials as described in section 704A.2.
Sec. 6.30.060. Concrete Strength.
Section 1705.3, Exception 1 is amended as follows:
Exception: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that
are fully supported on earth or rock, where the structural design of the footing is based on a
specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2
Mpa).
Sec. 6.30.070. Modification to ACI 318.
Section 1905.1.7 ACI 318, Section 14.1.4 is deleted and amended as follows:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the
following:
14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E
or F.
14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not
have elements of structural plain concrete, except as follows:
(a) Structural plain concrete basement, foundation or other walls below the base as
defined in ASCE 7 are permitted in detached one- and two-family dwellings three
stories or less in height constructed with stud-bearings walls. In dwellings assigned
to Seismic Design Category D or E, the height fo the wall shall not exceed 8 feet
(2438 mm), the thickness shall be not less than 7 ½ inches (190 mm), and the wall
shall retain no more than 4 feet (1219 mm) of unbalanced fill. Walls shall have
reinforcement in accordance with 14.6.1.
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(b) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member
does not exceed the footing thickness.
Exception: In detached one and two-family dwellings, three stories or less in
height, the projection of the footing beyond the face of the supported member is
permitted to exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have
at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than
No. 4 and shall have a total area of not less than 0.002 times the gross cross -
sectional area of the footing. For footings that exceed 8 inches (203 mm) in
thickness, a minimum of one bar shall be provided at the top and bottom of the
footing. Continuity of reinforcement shall be provided at corners and intersections.
Exceptions:
1. In Seismic Design Categories A, B, and C, detached one- and two-family
dwellings three stories or less in height constructed with stud-bearing walls
are permitted to have plain concrete footings without longitudinal
reinforcement.
2. For foundation systems consisting of plain concrete footings and a plain
concrete stemwall a minimum of one bar shall be provided at the top of the
stemwall and at the bottom of the footing.
3. Where a slab on ground is cast monolithically with the footing, one No. 5 bar
is permitted to be located at either the top of the slab or bottom of the
footing.
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E , or
F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E, or F shall not have
elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are
permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings
have at least two continuous longitudinal reinforcing bars not smaller than No. 4,
with a total area of not less than 0.002 times the gross cross-sectional area of
the footing. A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
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Sec. 6.30.085. Swimming Pools, Spas, and Hot Tubs:
3109 Swimming Pools Spas and Hot Tubs is adopted in its entirety.
Sec. 6.30.090. IBC Oversight. The California adoption of the new 2018 International Building
Code may have inadvertently eliminated some construction requirements by oversight or
erroneous reference to another code. In cases where the code adoption has inadvertently
deleted or missed referenced necessary construction requirements, the Town of Los Gatos
Building Official may authorize use of construction requirements f rom the last previously
adopted International Codes.
Sec. 6.30.170 is amended as follows:
Sec. 6.30.170. Schedule of permit fees. Administration Chapter 1, Division II, Section 109.2 of
the 2019 California Building Code adopted by this article states that “… a fee for each permit
shall be paid as required, in accordance with the schedule as established by the applicable
governing authority (Town of Los Gatos).
109.7. Plan Review Fees.
Section 109.7 is added as follows:
When submittal documents are required by Section 10 9, a plan review fee shall be paid at the
time of submitting the submittal documents for plan review. Said plan review fee shall be 65
percent of the building permit fee. The plan review fees specified in this section are separate
fees from the permit fees and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review
or when the project involves deferred submittal items as defined in Section 107.3.4.1, an
additional plan review fee shall be charged at the per hour plan review rate as adopted by the
Town of Los Gatos.
Sec. 6.30.180. Refunds. Administration Chapter 1, Section 109.6 of the 2019 California
Building Code adopted by this article is amended to add Section 109.6.1:
Section 109.6.1 is added as follows:
109.6.1. Refunds. The building official may authorize refunds of Building Division fees which
were erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee
paid when no work or inspections has been done under a n issued permit.
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The building official may authorize refunding of not more than 80 percent of the collected plan
review fee when the plan check application is withdrawn or cancelled prior to any plan review
work being done.
The building official shall not authorize refunding of any collected fee until a written request for
a refund by the original permittee or applicant is received. Requests must be received no later
than 180 days after the date of fee payment.
ARTICLE IV. PLUMBING CODE
Sec. 6.40.010. Adopted.
The Uniform Plumbing Code, 2018 Edition, as amended by the State of California Building
Standards Commission, California Code of Regulations, Title 24, Part 5, as the 2019 California
Plumbing Code is adopted with Appendix Chapters A, B, D, G, I, K, and L only.
Sec. 6.40.020. Backflow protection.
Section 710.1 is amended as follows:
710.1. Backflow Protection. Fixtures installed on a floor level that is lower than the next
upstream manhole cover of the public, or private sewer shall be protected from backflow of
sewage by installing an approved type of backwater valve. Fixtures on such floor level that are
not below the next upstream manhole cover shall not be required to be protected by a
backwater valve. Fixtures on floor levels above such elevation shall not discharge th rough the
backwater valve. 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 backwater valve. Fixtures above such
elevation shall not discharge through the backwater valve, unless first approved by the
Administrative Authority. Cleanouts for drains that pass through a backwater valve shall be
clearly identified with a permanent label stating, “backwater valve downstream.”
ARTICLE V. MECHANICAL CODE
Sec. 6.50.010. Adopted.
The Uniform Mechanical Code (UMC), 2018 Edition, amended by the State of California Building
Standards Commission, California Code of Regulations, Title 24, Part 4, as the 2016 California
Mechanical Code is adopted by reference.
ARTICLE VI. ELECTRICAL CODE
Sec. 6.60.010. Adopted.
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The National Electrical Code, 2017 Edition, as amended by the State of California Building
Standards Commission, California Code of Regulations, Title 24, Part 3, as the 2016 California
Electrical Code is adopted by reference.
ARTICLE VII. ENERGY CODE
Sec. 6.70.010. Adopted.
The 2019 California Energy Code, California Code of Regulations, Title 24, Part 6 is adopted by
reference and amended as follows.
Sec. 6.70.020 Single Family Residential, ADU (Accessory Dwelling Unit), and Low-Rise
Residential All Electric Requirements.
100.0(e)2D Low-rise residential buildings is amended as follows.
100.0(e)2D Low-rise residential buildings.
i Sections applicable. Sections 150.0 through 150.1 apply to newly constructed low-rise
residential buildings except where they conflict with Section ii below.
ii All electric construction. All single-family residential and low-rise multifamily buildings as
defined in Section 100.1 of this code and ADUs (Accessory Dwelling Unit) as defined in Town of
Los Gatos Municipal Code Sec. 29.10.310 shall use electricity as the source of energy for its
space heating, water heating (including pools and spas), cooking appliances, and clothes drying
appliances.
Exception: Natural gas or propane may be used for cooktop or range and standalone cooking
ovens provided that all the following are met:
1. A dedicated 208/240-volt, 50-amp or greater electrical receptacle that is connected
to the electric panel with conductors of adequate capacity, within 3 feet of the
appliance and accessible with no obstructions;
2. Both ends of the unused conductor shall be labeled with the words “For Future
Electric Range, Cooktop or Oven” as applicable, and be electrically isolated;
3. A reserved double-pole circuit breaker space in the electrical panel adjacent to the
circuit breaker for the branch circuit and labeled with the words “For Future Electric
Range, Cooktop or Oven” as applicable, and;
4. Other electrical components, including conductors, rece ptacles, or blank covers,
related to this section shall be installed in accordance with the California Electrical
Code.
ARTICLE VIII. REFERENCE STANDARDS CODE
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Sec. 6.80.010. Adopted.
The 2019 California Referenced Standards Code, California Code of Regulations, Title 24, Part
12, is adopted by reference.
ARTICLE IX. HISTORICAL BUILDING CODE
Sec. 6.90.010. Adopted.
The 2019 California Historical Building Code, California Code of Regulations, Title 24, Part 8
including Appendix A is adopted by reference.
ARTICLE X. EXISTING BUILDING CODE
Sec. 6.100.010. Adopted.
The 2018 International Existing Building Code (IEBC), specifically Appendix Chapter A1, as
amended by the State of California Building Standards Commission and known as the 2019
California Existing Building Code, California Code of Regulations, Title 24, Part 10, is adopted by
reference.
Sec. 6.100.020. Additional Chapters Adopted.
The following Chapters of the 2018 International Existing Building Code, as published by the
International Code Council (ICC) are also adopted:
Chapter 9
Chapter 14
Appendix A2
Appendix A3
Appendix A4
Appendix A5
ARTICLE XI. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 6.110.010. Adopted.
The 2018 International Property Maintenance Code, as published by International Code Council
(ICC), is adopted by reference.
Sec. 6.110.020. Application of other codes.
Section 102.3 is amended as follows:
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Sec. 102.3 Application of other codes. Repairs, additions or alterations to a structure, or
changes of occupancy, shall be done in accordance with the procedures and provisions of the
IBC, IEBC, IECC, IFC, IFGC, IMC, IRC, IPC and NFPA 70. Nothing in this code shall be construed to
cancel, modify or set aside any provision of the International Zoning Code. California Building
Code, California Plumbing Code, California Electrical Code, and California Mechanical Code.
Nothing in this code shall be construed to cancel, modify or set aside any provisions of the
Town of Los Gatos Zoning Code.
ARTICLE XII. CALIFORNIA GREEN BUILDING STANDARDS CODE
Sec. 6.120.010. Adopted.
The 2019 California Green Building Standards Code, California Code of Regulations, Title 24,
Part 11, Chapters 1 through 8 only, are adopted by reference and amended as follows.
Sec. 6.120.020 Electric Vehicle Charging Requirements.
4.106.4 is amended as follows:
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply
with Section 4.106.4.1, 4.106.4.2, or 4.106.4.3, to facilitate future installation and use of EV
chargers. Electric vehicle supply equipment (EVSE) shall be instal led in accordance with
California Electrical Code, Article 625.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and
infrastructure are not feasible based upon on or more of the following conditions:
1.1. Where there is no commercial power supply.
1.2. Where there is evidence substantiating that meeting the requirements will alter the
local utility infrastructure design requirements on the utility side of the meter so as
to increase utility side cost to the homeowner o the developer by or than $400 per
dwelling unit.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without
additional parking facilities.
4.106.4.1 is amended as follows:
4.106.4.1 New one- and two-family dwellings, ADUs, and townhouses with attached private
garages. For each dwelling unit a wired National Electrical Manufacturers Association (NEMA)
outlet supplied by a 40-ampere minimum dedicated branch circuit shall be installed specifically
for supplying electrical power for an Electric Vehicle Charger. For each dwelling unit, install a
listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not
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be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the
main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in
close proximity to the proposed location of an EV charger. Raceways are required to be
continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or
subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and
space(s) reserved to permit installation of a branch circuit overcurrent protective device.
4.106.4.1.1 Identification The service panel or subpanel circuit directory shall identify the
overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The
raceway termination location shall be permanently and visibly marked as “EV CAPABLE.”
ARTICLE XIII.
Sec. 6.130.010. Additions and alterations. Clarification.
301.1.1 is amended as follows:
301.1.1. Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be
applied to additions or alterations of existing residential buildings whe re the addition or
alteration increases the building’s conditioned area, volume, or size. The requirements shall
apply only to and/or within the specific area of the addition or alteration.
Note: On and after January 1, 2014, residential buildings undergoing permitted
alterations, additions, or improvements shall replace noncompliant plumbing fixtures
with water-conserving plumbing fixtures. Plumbing fixture replacement is required
prior to issuance of a certificate of final completion, certificate of occupancy, or final
permit approval by the local building department. See Civil Code Section 1101.1, et
seq., for the definition of a noncompliant plumbing fixture, types of residential buildings
affected, and other important enactment dates.
Clarification: Based on definitions found within the California Building Code and the California
Green Building Standards Code, alteration and improvements are interpreted to mean any
construction to an existing structure which enhance or improve the structure.
Construction related to repairs or maintenance of the structure is not considered to be an
alteration or improvement. Alteration, as defined in the 2019 California Building Code, states
in part; “Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical
and electrical systems are not alterations unless they affect the usability of the building or
facility.” Therefore, permits can be issued for property maintenance and repair without the
requirement to replace noncompliant plumbing fixtures. The following is a list of permits that
are considered to be repair or maintenance:
• Electrical Service Change Out
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• HVAC Change Out
• Re-Roof
• Sewer Line Replacement
• Siding or Stucco application
• Site Work: Retaining Walls, Fences, Walkways, etc.
• Water heater Replacement
• Window Replacement
• Other Repairs as determined by the Building Official
ARTICLE XIV. BUILDING RELOCATION CODE OF THE TOWN
DIVISION 1. GENERALLY
Sec. 6.140.010. Title.
This article is the Building Relocation Code of the Town of Los Gatos.
Sec. 6.140.020. Interference with demolition or removal of building.
It shall be 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 under Division 2 of this article, after a default has occurred in
timely completion of the work or in the performance of the other terms or conditions of the
permit.
DIVISION 2. PERMIT
Sec. 6.140.030. Required, exceptions.
It shall be 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. 6.140.040. Application.
An application for a permit required by the provisions of this division shall be made in writing
on the form provided by the Town. The application shall:
(1) Be signed by the permittee or the permittee's authorized agent (who may be required to
submit evidence proving authority);
(2) Be accompanied by plans, photographs or other substantiating data as reasonably may be
required by the Building Official; and
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(3) Contain such information as reasonably may be required by the Building Official in order to
carry out the purposes of this chapter.
Sec. 6.140.050. Review of application, duty of applicant.
The application for a permit required by the provisions of this division, including the plans and
other data filed with it, shall be checked by the Building Official, who is authorized to conduct
any investigation in connection therewith may be deemed reasonably necessary. If, when the
Building Official has completed such investigation and has notified the applicant that a permit
will issue, the applicant fails for a period of sixty (60) days to post the bond and any other
instrument required by this division, the application shall become void.
Sec. 6.140.060. Issuance, fees.
(a) Subject to the requirements contained in this article, 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, the Building Official shall issue a permit to the owner of the
property where the building or structure is to be located .
(b) 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. 6.140.070. When issuance prohibited.
The Building Official shall not issue a permit under this divisi on for any building or structure:
(1) Which does not or cannot be repaired or modified to comply with this code, as it presently
exists or hereafter may be amended;
(2) Which is so constructed or in such condition as to be a substandard building;
(3) Which is infested with pests or is unsanitary;
(4) 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;
(5) If the proposed use is prohibited by the zoning ordinance;
(6) If the structure is of a type prohibited at the site of the proposed relocation by this code, or
any other statute or ordinance; or
(7) If the structure or site has not received approval as prescribed in sections 29.20.140
through 29.20.155 of the Town Code. The body granting such approval shall first consider and
determine that the proposed site and building are compatible in use, s ize and architecture with
other buildings and structures in the area of the proposed relocation.
Sec. 6.140.080. Conditions of issuance.
In connection with the issuance of any permit under this division, the Building Official or the
body granting architecture and site approval or both may attach to the permit such conditions
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which are necessary to assure compliance with the purposes of this article and the zoning
ordinance, and to assure that the building or structure when relocated will be compatible w ith
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:
(1) A limitation of the period of time required to complete the work of relocation;
(2) Requirements for changes, alterations, additions or repairs;
(3) The providing of all utility services by the time the building relocation is finished;
(4) Provision for any improvement work or dedication provided for by the zoning ordinance;
(5) The applicant's written agreement to indemnify 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. 6.140.090. Bond required.
(a) 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 the State. The penal sum of the bond shall be an
amount equal to the estimated cost, plus ten (10) percent, of all the work required to perform
the relocation to comply with all of the conditions of the p ermit. The cost estimate is made by
the Building Official.
(b) 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. 6.140.100. Conditions of bond.
A surety bond shall contain, and any deposit shall be subject to, the following conditions:
(1) All work, including performance of conditions of the permit (except for performance of
conditions such as street improvements when provision is made in a contract with the Town to
do the work at a later time) shall be performed and completed within one hundred twenty
(120) days after the date of issuance of the permit. After that time, the permit expires.
(2) 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 one-hundred-twenty-day period. If the Building Official decides to grant the request
the Building Official shall notify the principal and surety in writing stating the new deadline. The
Building Official need not grant the request if the work is not being done continuously and
diligently, or if reasonable progress has not been made.
(3) 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.
(4) The Building Official, the surety and their representatives shall have access to the premises
to inspect the progress of the work.
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(5) 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.
(6) 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. 6.140.110. Default on bond.
(a) 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, stat ing the conditions which
have not been complied with and the period of time deemed by the Building Official to be
reasonably necessary for the completion of the work.
(b) After receipt of the notice, the surety, within the time therein specified, shall f inish 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. 6.140.120. Bond other than surety bond--Default.
If a deposit has been made as provided in Section 6.140.090, the Building Official shall give
notice of default, as provided in section 6.140.110, to the permittee. If the permittee does not
perform within the time specified in the notice, the Building Official shall proceed without delay
and without further notice or proceeding whatever to use the deposit, or any portion of the
deposit necessary to cause the required work to be done by contract or ot herwise at the
Building Official's discretion, upon the completion of the work. The balance, if any, of the
deposit, shall be returned to the depositor or to the depositor's successors or assigns after
deducting the cost of the work plus ten (10) percent of the cost, which is an amount to defray
the Town's cost in enforcement and administration.
Sec. 6.140.130. Same--Release. When a deposit has been made as provided in Section
6.140.090 and all requirements of the permit have been completed, the Building Official shall
return the deposit to the depositor or to the depositor's successors or assigns, except any
portion thereof that may have been used or deducted as provided in this section.
ARTICLE XV. CALIFORNIA RESIDENTIAL BUILDING CODE
Sec. 6.150.010. Adopted.
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The 2019 California Residential Code, California Code of Regulations, Title 24, Part 2.5 is
adopted by reference including Appendices H, K, O, Q, S, V, and X and as locally modified by the
following Sections of this Article.
Sec. 6.150.020. Fire Protection Amendments.
R310.1 is amended as follows:
2. Where the dwelling or townhouse is equipped with an automatic sprinkler system
installed in accordance with Section P2904, sleeping rooms in basements shall not be
required to have emergency escape and rescue opening provided that the basement has
one of the following:
2.1 One means of egress complying with Section R311 and one emergency escape
and rescue opening.
2.2 Two means of egress complying with Section R311.
R313.1 is amended as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
system shall be installed in townhouses.
Exception: An automatic residential fire sprinkler system shall not be required where
additions or alterations are made to existing townhouses that do not have an automatic
residential fire sprinkler system installed. An automatic residential fire sprinkler system shall be
installed in all new townhouses and in existing townhouses when additions are made t hat
increase the building area to more than 3,600 square feet.
Exception: One or more additions made to an existing building after January 1, 2011 that do not
total more than 1000 square feet of building area.
R313.2 One- and two-family dwellings automatic fire sprinkler systems is amended as follows:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in one- and two-family dwellings as follows:
1. An automatic residential fire sprinkler system shall not be required for additions or
alterations to existing buildings that are not already provided with an automatic
residential sprinkler system.
2. Accessory dwelling Unit provided that all of the following are met:
2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in
the Government Code Section 65852.2.
2.2 The existing primary residence does not have automatic fire sprinklers.
2.3 The accessory detached dwelling unit does not exceed 1,200 square feet
in size.
2.4 The unit is on the same lot as the primary residence.
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1. In all new one- and two-family dwellings and in existing one- and two-family
dwellings when additions are made that increase the building area to more than 3,600
square feet, whether by increasing the area of the primary residence or by creation of
an attached ADU.
2. In all attached ADUs, additions or alterations to an existing one- and two-family
dwelling that have an existing fire sprinkler system.
Exceptions:
1. One or more additions made to a building after January 1, 2011 that does not
total more than 1,000 square feet of building area and meets all access and
water supply requirements of Chapter 5 and Appendix B and C of the 2019
California Fire Code.
2. Detached Accessory Dwelling Units, provided that all of the following are
met:
2.1 The unit meets the definition of an Accessory Dwelling Unit as defined
in the Government Code Section 65852.2.
2.2 The existing primary residence does not have automatic fire sprinklers.
2.3 The accessory detached dwelling unit does not exceed 1,200 square
feet in size.
2.4 The unit is on the same lot as the primary residence.
2.5 The unit meets all access and water supply requirements of Chapter 5
and Appendix B and C of the 2019 California Fire Code.
3. In all new basements and in existing basements that are expanded by more
than 50 percent.
R337.1.3 is amended as follows:
R337.1.3 Application. New buildings located in any Fire Hazard Severity Zon e or any Wildland-
Urban Interface Fire Area designated by the enforcing agency constructed after the application
date shall comply with the provisions of this chapter.
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy and not
exceeding 120 square feet in floor area, when located at least 30 feet from an applicable
building.
2. Buildings of an accessory character classified as Group U occupancy of any size
located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Building, as defined in Section 202
of this code (see also Appendix C – Group U Agricultural Buildings), when located at
least 50 feet from an applicable building.
4. Additions to and remodels of buildings originally constructed prior to the
applicable application date.
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5. Group C, special buildings conforming to the limitations specified in Section
450.4.1.
For the purpose of this section and Section R337.10, applicable building includes all buildings
that have residential, commercial, educational, institutional, or similar occupancy type use.
R337.7.9 is amended as follows:
R337.7.9 Underside of appendages. When required by the enforcing agency The underside of
overhanging appendages shall be enclosed to grade in accordance with the requirements of this
chapter or the underside of the exposed under-floor shall consist of one of the following:
1. Noncombustible material
2. Ignition-resistant material
3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on
the underside of the floor projection
4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the
underside of the floor including assemblies using the gypsum panel and sheathing
products listed in the Gypsum Association Fire Resistance Design Manual
5. The underside of a floor assembly that meets the performance criteria in accordance
with test procedures set forth in either of the following:
5.1 SFM Standard 12-7A3; or
5.2 ASTM E2957
Exception: Structural column and beams do not require protection when constructed
with sawn lumber or glue laminated wood with the smallest minimum nominal
dimension of 4 inches (102 mm). Sawn of glue-laminated planks splined, tongue-and-
groove, or set close together and well spiked.
R337.10.3 is amended as follows:
R337.10.3 Where required. No requirements shall apply to accessory building or miscellaneous
structures when located at least 50 feet from an applicable building. Applicable accessory
buildings and attached miscellaneous structures, or detached miscellaneous structures that are
installed at a distance of less than 3 feet from an applicable building, shall comply with this
section. When required by the enforcing agency, detached miscellaneous structures that are
installed at a distance of more than 3 feet but less than 50 feet from an applicable building shall
comply with the requirements of this section.
R337.10.3.1 Accessory building requirements. Applicable accessory buildings that are
less than 120 square feet in floor area and are located more than 30 feet but less than 50 feet
from an applicable building shall be constructed of noncombustible materia ls or of ignition-
resistant materials as described in Section R337.4.2.
R337.10.3.2 Attached miscellaneous structure requirements. Applicable miscellaneous
structures that are attached to, or installed at a distance of less than 3 feet from, an applicabl e
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building shall be constructed of non-combustible materials or of ignition-resistant materials as
described in Section R337.4.2.
R337.10.3.3 Detached miscellaneous structure requirements. When required by the
enforcing agency, applicable detached miscellaneous structures that are installed at a distance
of more than 3 feet but less than 50 feet from an applicable building shall be constructed of
noncombustible materials or of ignition-resistant materials as described in Section R337.4.2.
Applicable accessory buildings and attached miscellaneous structures or detached
miscellaneous structures shall comply with this section and shall be constructed of
noncombustible materials or of ignition-resistant materials as described in section R337.4.2.
R902.1.2 is amended as follows:
R902.1.2 Roof coverings within state responsibility areas. The entire roof covering of every
existing structure where more than 50 percent of the total roof area is replaced within any one -
year period, the entire roof covering of every new structure, and any roof covering applied in
the alteration, repair or replacement of the roof of every existing structure, shall be fire-
retardant roof covering that is at least Class B Class A.
R902.1.3 is amended as follows:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 50 percent of the total roof area is replaced within any one -year period, the
entire roof covering of every new structure, and any roof covering applied in the alte ration,
repair or replacement of the roof of every existing structure, shall be fire -retardant roof
covering that is at least Class C Class A.
R902.1.4 is amended as follows:
R902.1.4 Roofing requirements in a wildland urban interface fire area. The entire roof
covering of every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirements
for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section
R337.5.
Sec. 6.150.040. Limits on methods using Gypsum Board and Cement Plaster.
Table R602.10.3(3) is amended as follows:
TABLE R602.10.3(3)g
Footnote “g” is added to Table R602.10.3(3) as follows:
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g. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted, and the use
of Method PCP is limited to one-story dwellings and accessory structures.
R602.10.4 Construction methods for braced wall panels is amended to add Section R602.10.4.5
Limits on methods GB and PCP.
R602.10.4.5 is added as follows:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2,
Method GB is not permitted, but GB is permitted to be placed on the opposite side of the studs
from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2,
the use of Method PCP is limited to one-story dwellings and accessory structures.
SECTION II
CHAPTER 9, Article III, IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
Sec. 9.30.005. Adoption of 2019 CFC and 2018 IFC
Adoption of the 2019 California Fire Code and 2018 International Fire Code.
There is hereby adopted by the Town for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion, that certain Code known as the
2019 California Fire Code and also the International Fire Code 2018 Edition, including Appendix
Chapters B, C, and O and the whole thereof, save and except such portions as are hereinafter
deleted, modified or amended by this ordinance, of which one copy has been filed for use and
examination by the public in the office of the Town Building Official and the Town Fire Chief and
the same adopted and incorporated as fully as if set out at length herein, and from the date on
which this ordinance shall take effect, the provisions thereof shall be controlling within the
limits of the Town of Los Gatos.
CHAPTER 1, DIVISION II
Administration
Chapter 1 of the 2019 California Fire Code and 2018 International Fire Code is adopted with the
following amendments:
105 PERMITS
105.6.8 is amended as follows:
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105.6.8 Compressed gases. An operational permit is required for the storage, use or handling
at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed
in Table 105.6.8.
Exception:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Table 105.6.20 is amended as follows:
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.6.16
Corrosive materials:
Gases See Section 105.6.8
Liquids 55 gallons
Solids 500 pounds
Explosive materials See Section 105.6.14
Flammable materials:
Gases See Section 105.6.8
Liquids See Section 105.6.16
Solids 100 pounds
Highly toxic materials:
Gases See Section 105.6.8
Liquids Any Amount
Solids Any Amount
Moderately toxic materials:
Gases
See Section 105.6.8
Other health hazard materials:
Gases See Section 105.6.8
Liquids 55 gallons
Solids 500 pounds
Oxidizing materials:
Gases See Section 105.6.8
Liquids:
Class 4
Class 3
Class 2
Class 1
Any Amount
1 gallona
10 gallons
55 gallons
Solids:
Class 4
Any Amount
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Class 3
Class 2
Class 1
10 poundsb
100 pounds
500 pounds
Organic peroxides:
Liquids
Class I
Class II
Class III
Class IV
Class V
Any Amount
Any Amount
1 gallon
2 gallons
No Permit Required
Solids
Class I
Class II
Class III
Class IV
Class V
Any Amount
Any Amount
10 pounds
20 pounds
No Permit Required
Pyrophoric materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Toxic materials:
Gases
Liquids
See Section 105.6.8
10 gallons
Solids 100 pounds
Unstable (reactive) materials:
Liquids
Class 4
Class 3
Class 2
Class 1
Solids
Class 4
Class 3
Class 2
Class 1
Any Amount
Any Amount
5 gallons
10 gallons
Any Amount
Any Amount
50 pounds
100 pounds
Water-reactive materials:
Liquids
Class 3
Class 2
Class 1
Solids
Class 3
Class 2
Any Amount
5 gallons
55 gallons
Any Amount
50 pounds
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Class 1 500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 20 gallons for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard
identification signs in accordance with Section 5003.5 are provided for quantities of 20
gallons or less.
b. 200 pounds for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard
identification signs in accordance with Section 5003.5 are provided for quantities of 200
pounds or less.
105.6.30 is deleted as follows:
105.6.30 Mobile food preparation vehicles. A permit is required for mobile food preparation
vehicles equipped with appliances that produce smoke o r grease-laden vapors.
Sec. 9.30.770. Day care facility permit.
105.6.52 is added as follows:
105.6.52 Day care facility. An operational permit is required to operate a business as a
day care facility for more than 6 people.
Sec. 9.30.775. Institutional permits.
105.6.53 is added as follows:
105.6.53 Institutional. A permit is required to operate, maintain, or use any institutional
type occupancy. For the purpose of this Section, an instit ution shall be, but is not limited
to: hospitals, children's home, home or institution for insane or mentally retarded persons,
home or institution for the care of aged or senile persons, sanitarium , nursing or
convalescent home, certified family care homes, residential care homes for the elderly, out
of home placement facilities, halfway house, and day care nurseries or similar facility of any
capacity.
105.6.54 is added as follows:
105.6.54 Lithium Batteries. An operational permit is required to collect or store more than
1,000 pounds (454 kg) of lithium batteries.
105.6.55 is added as follows:
105.6.55 Additive Manufacturing. An operational permit is required to conduct additive
manufacturing operations as covered in Section 321.3.
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105.7.4 is amended as follows:
[A] 105.7.4 Compressed gases. A construction permit is required to install any piped
distribution system for compressed gases, or to install a non-flammable medical gas manifold
system. A construction permit is required to Where the compressed gases in use or storage
exceed the amounts listed in Table 105.6.8, a construction permit is required to install, repair
damage to, abandon, remove, place temporarily out of service, close substantially, or modify a
compressed gas system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use , or handling facilities at
least 30 days prior to the termination of the storage, use, or handling of compressed or
liquefied gases. Such application shall include any change or alteration of the facility closure
plan. This 30-day period may be waived by the chief if there are special circumstances requiring
such waiver.
105.7.5 is amended as follows:
105.7.5 Cryogenic fluids. A construction permit is required for installation of or
alteration to outdoor stationary cryogenic fluid storage systems where the system
capacity exceeds the amounts listed in Table 105.6.10. Maintenance performed in
accordance with this code is not considered an alteration and does not require a
construction permit.
Sec. 9.30.745 Construction permit fees.
106.2.1 is added as follows:
106.2.1 Construction permit fees. Construction permit fees and plan review fees for fire
hydrant syst ems, fire extinguishing systems, and fire alarm systems shall be paid to the Santa
Clara County Fire Department in accordance with the following table based on valuation. The
valuation shall be limited to the value of the system installation for which the permit is
being issued. Plan review fees are 65 percent of the Permit Fee amount. For the purposes
of determining the total fee amount for each permit, the plan review fee shall be added to
the Permit Fee.
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TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000.00
$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional
$1,000.00 or fraction thereof, to and including $25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $4.00 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 TO $100,000.00 $630.15 for the first $50,000.00 plus $13.60for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $986.75 for the first $100,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and including
$500,000.00
$500,001 to $1,000,000.00 $3,228.15 for the first $500,000.00 plus $5.35 for each
additional $1,000.00, or fraction thereof, to and including
$1,000,000.00
$1,000,001 and up $5,604.00 for the first $1,000,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at $120.00 for
each occurrence at the discretion of the fire code official.
Cancelled inspections without advance notice are to be paid at $120.00 for each occurrence.
Sec. 9.30.750. Operational permit fees.
106.2.2 is added as follows:
106.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa Clara
County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - Annually
2. Day Care Facilities
More than 6 clients $35.00 - Annually
3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4. Temporary Membrane Structures, Tents, and Canopies $85.00 – Each
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(Only those requiring permits in accordance with Section
105.6.47).
occurrence
Sec. 9.30.780. Final inspection.
107.5 is added as follows:
107.5 Final inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access
ways have been completed and approved. No final certificate of occupancy may be granted
until the Fire Department issues notice of final clearance of such fire protection facilities and
access ways to the Building Department.
Sec. 9.30.785. Violations.
110.4 is deleted as follows:
[A] 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work
in violation of the approved construction documents or directive of the fire co de official, or of a
permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE],
punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding
[NUM-BER OF DAYS], or both such fine and imprison ment. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
CHAPTER 2
DEFINITIONS
Chapter 1 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
202 GENERAL DEFINITIONS
202 is amended as follows:
3D PRINTER. A machine used in the additive manufacturing process for fabricating objects
through the deposition of a material using a print head, nozzle, or another printer technology.
ADDITIVE MANUFACTURING. A process of joining materials to make objects from 3D model
data, usually layer upon layer, sometimes referred to as 3D printing. The Code recognizes two
types of additive manufacturing:
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1. Industrial additive manufacturing. 3D printing operations that typically utilize combustible
powders or metals, an inert gas supply, a combustible dust collection system , or that create
a hazardous (classified) location area or zone outside of the equipment.
2. Non-industrial additive manufacturing. 3D printing operations that do create a hazardous
(classified) location area outside of the equipment, and do not utilize an inert gas supply or
a combustible dust collection system.
CORROSIVE LIQUID. Corrosive liquid is:
1. Any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action;
2. Any liquid having a pH of 2 or less or 12.5 or more;
3. Any liquid classified as corrosive by the U.S. Department of Transportation; and
4. Any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate of highly
toxic, toxic, or moderately toxic gases in a control area which, due to the minimum aggregate
quantities, need only comply with the requirements set forth in Section 6004.1
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration
(LC5O) in air more than 2000 parts per million but not more than 5000 parts per million by
volume of gas or vapor, when administered by continuous inhalation for an hour, or less if
death occurs within one hour, to albino rats weighing between 200 and 300 grams each.
OTHER HEALTH HAZARD MATERIAL. A hazardous material which affects target organs of the
body, including but not limited to, those materials which produce liver damage, kidney damage,
damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the
body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal
damage) or teratogens (effect on fetuses).
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely
containing the material, without discharge, for a reasonable period of time to ensure detection
and remedy of the primary containment failure.
SPILL CONTROL. That level of containment that is external to and separate from the primary
containment and is capable of safely and securely containing the contents of the largest
container and prevents the materials from spreading to other parts of the room.
WORKSTATION is a defined space or an independent principal piece of equipment using
HPM within a fabrication area hazardous material with a hazard rating of 3 or 4 in accordance
with NFPA 704 where a specific function, laboratory procedure or research activity occurs.
Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets
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or gas cabinets serving a workstation are included as part of the workstation. A
workstation is allowed to contain ventilation equipment, fire protection devices, detection
devices, electrical devices, and other processing and scientific equipment.
CHAPTER 3
GENERAL REQUIREMENTS
Chapter 3 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
315.8 is added as follows:
315.8 LITHIUM BATTERY STORAGE AND HANDLING
315.8 Lithium Battery Storage and Handling. The storage and handling of lithium ion and
lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall comply
with Section 315.8.1 through 315.8.10, and Chapter 32 where applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.54.
315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium batteries stored
and handled in a single fire area shall not exceed 9,000 pounds (4086 kg).
315.8.3 Construction requirements. Fire areas shall be separated from each other by fire
barriers having not less than 2-hour fire resistance rating constructed in accordance with
Section 707 of the Building Code and horizontal assemblies constructed in accordance with
Section 711 of the Building Code.
315.8.4 Number of fire areas. The maximum number of fire areas within a building shall be
four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds of
lithium batteries per fire area shall be in an approved Group H, Division 2 occupancy
constructed in accordance with the Building Code and provided throughout with approved
automatic smoke detection and radiant-energy detection systems.
315.8.6 Automatic sprinkler system. Buildings containing fire areas used for lithium battery
storage or handling shall be equipped throughout with an approved automatic sprinkler system
in accordance with Section 903.3.1.1. The design of the sprinkler system within each fire area
shall not be less than that required for Extra Hazard Group 2 with a minimum design area of
2,500 square feet. Where the storage arrangement is required by other provisions of this code
to be provided with a higher level of sprinkler system protection, the higher level of sprinkler
system protection shall be provided.
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315.8.7 Automatic smoke detection system. An approved automatic smoke detection system
that activates an approved occupant notification system shall be provided throughout each fire
area in accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection system that activates
an approved occupant notification system shall be installed throughout each fire area in
accordance with Section 907.
315.8.9 Collection containers. Containers used to collect or store lithium batteries shall be
noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6 L), or be
approved for transportation in accordance with the Department of Transportation (DOT).
315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard commodity
in accordance with Chapter 32 and where applicable, lithium battery storage shall comply with
Chapter 32 in addition to Section 315.8.
316 HAZARDS TO FIRE FIGHTERS
316.7 is added as follows:
316.7 Roof guardrails at interior courts. Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the
guardrail shall not be less than 42 inches in height above the adjacent roof surface that can
be walked on. Intermediate rails shall be design ed and spaced such that a 12-inch diameter
sphere cannot pass through.
Exception:
Where the roof opening is greater than 600 square feet in area.
321 is added as follows:
321 ADDITIVE MANUFACTURING
321.1 General. Additive manufacturing equipment and operations shall comply with Section
321.
321.1.1 Scope. Additive manufacturing shall comply with one of the following:
1. Non-industrial additive manufacturing shall comply with Section 321.2.
2. Industrial additive manufacturing shall comply with Section 321.3.
321.1.2 Installation, operation and maintenance. 3D printers and associated additive
manufacturing equipment shall be installed, operated , and maintained in accordance with this
Code, the listing, and the manufacturer's instructions.
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321.1.3 Production materials. Only the production materials listed for use with the equipment
and included in the manufacturer's instructions shall be used.
321.2 Non-industrial additive manufacturing. Non-industrial additive manufacturing
equipment and operations shall comply with Section 321.2.1 through 321.2.4. Additive
manufacturing equipment and operations that do not comply with Section 321.2 shall comply
with Section 321.3.
321.2.1 Listing. 3D printers used in non-industrial additive manufacturing shall be listed and
labeled in accordance with UL 60950-1, UL 62368-1, or UL 2011. The listing shall also verify:
1. The 3D printers are self-contained and utilize maximum 30-liter pre-packaged production
materials.
2. The operation of the 3D printers shall not create a hazardous (classified) electrical area or
outside of the unit.
3. If any hazardous (classified) electrical area or zone exists inside of the unit’s outer
enclosure, the area shall be protected by intrinsically safe electrical construction or other
acceptable protection methods.
4. The 3D printers shall not utilize inert gas or an external combustible dust collection.
321.2.2 Occupancies. Non-industrial additive manufacturing shall be permitted in all occupancy
groups.
321.3 Industrial additive manufacturing. Industrial additive manufacturing equipment and
operations shall comply with Section 321.3.1 through 321.3.13.
321.3.1 Permits required. Permits shall be obtained from the fire code official in accordance
with Section 105.6.55 prior to engaging in industrial additive manufacturing operations.
321.3.2 Listing. 3D printers used in industrial additive manufacturing shall be listed and labeled
in accordance with UL 2011 or approved for the application based on a field evaluation
conducted by an approved agency.
321.3.3 Combustible dusts and metals. Industrial additive manufacturing operations that store,
use, or produce combustible dust, combustible particulate solids, or combustible metals shall
comply with Chapter 22 and this section.
321.3.4 Powder evaluation. Printing powders used in industrial additive manufacturing
operations shall be tested for combustibility in accordance with NFPA 484 or NFPA 652 as
applicable. A copy of test reports shall be provided to the fire code official upon request.
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321.3.5 Combustible (non-metallic) dusts. Industrial additive manufacturing that uses
operations that store, use, or produce combustible (non-metallic) dusts shall comply with NFPA
654.
321.3.6 Combustible metals. Industrial additive manufacturing operations that store or use
combustible metals shall also comply with NFPA 484.
321.3.7 Ancillary equipment. Ancillary equipment provided for recycling, sieving, vacuuming, or
handling combustible powders shall be designed and approved for such use.
321.3.8 Hazardous materials. Industrial additive manufacturing operations that store or use
hazardous materials exceeding the maximum allowable quantity limits shall comply with
Chapter 50.
321.3.9 Inert Gas. Additive manufacturing processes that utilize inert gases shall comply with
Chapter 53. Ventilation or gas detection shall be provided in accordance with Section 5307.
321.3.10 Technical assistance. Where required by the fire code official, a report evaluating the
acceptability of technologies, processes, products, facilities, materials, and uses associated with
the operation shall be provided in accordance with 104.7.2 and approved.
321.3.11 Performance based design alternative. Where approved by the fire code official,
buildings and facilities where industrial additive manufacturing is performed shall be permitted
to comply with the performance-based design options in Section 5001.3 as an alternative to
compliance with the other requirements set forth in this Section.
321.3.12 Occupancies. Industrial additive manufacturing shall only be conducted in the
occupancy groups associated with manufacturing operations. The occupancy may be required
by the fire code official to comply with Chapter 50 maximum allowable quantity tables. Where
approved, the requirements in Sections 321.2.5 and 321.3.6 shall be permitted to provide the
technical basis for determining compliance with Table 5003.1.1(1), footnote q.
321.3.13 Safety Certification. The equipment, process, training procedures, and occupancy
associated with industrial additive manufacturing may be required by the fire code official to
receive a safety certification from Underwriter’s Laboratory or equivalent.
CHAPTER 5
FIRE SERVICE FEATURES
Chapter 5 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
503 FIRE APPARATUS ACCESS ROADS
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503.1 is amended as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and as per fire department access road
standards.
503.1.1 is amended as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for
every facility, building or portion of a building hereafter constructed or moved into or within
the jurisdiction. The fire apparatus access road shall comply with the requirements for this
section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any
of the following conditions occur:
1.1 In other than R-3 occupancies, when the building is equipped throughout with
an approved automatic sprinkler system installed in accordance with Section
903.3.11903.3.1.2 or 903.3.1.3. the dimension may be increased to a maximum of
300 feet when approved by the fire code official.
1.2 When fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades, or other similar conditions,
and an approved alternative means of fire protection is shall be provided.
1.3 When there are no more than two Group R-3 or accessory Group U
occupancies, the dimension may be increased to a maximum of 200 feet .
2. Where approved by the fire code official, fire apparatus access roads shall be permitted
to be exempted or modified for solar photovoltaic power generation facilities.
503.2.1 is amended as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm), exclusive of shoulders, or as required by fire department access road
standards, except for approved security gates in accordance with Section 503.6, and an
unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception:
When there are not more than two Group R, Division 3, or Group U occupancies, the access
road width may be modified by the fire code official.
503.2.2 is amended as follows:
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503.2.2 Authority. The fire code official shall have the authority to require or permit
modifications to the required access widths and/or vertical clearance where they are
inadequate for fire or rescue operations or where necessary to meet the public safety
objectives of the jurisdiction.
504 ACCESS TO BUILDING OPENING AND ROOFS
504.5 is added as follows:
504.5 Access control devices. When access control devices including bars, grates, gates, electric
or magnetic locks or similar devices, which would inhibit rapid fire department emergency
access to or within the building are installed, such devices shall be approved by the fire code
official. All electrically powered access control devices shall be provided with an approved
means for deactivation or unlocking from a single location or otherwise approved by the fire
code official.
Access control devices shall also comply with Chapter 10 Means of Egress.
510 EMERGENCY RESPONDER RADIO COVERAGE
510.1 is amended as follows:
510.1 Emergency responder radio coverage in new buildings. New buildings shall have
Approved radio coverage for emergency responders shall be provided within all the buildings
meeting any one of the following conditions: based on the existing coverage levels of the public
safety communication systems utilized by the jurisdiction, measured at the exterior of the
building. This section shall not require improvement of the existing public safety
communication systems.
1. There are more than 3 stories above grade plane (as defined by the Building Code Section
202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more; or
4. Where required by the fire code official and radio coverage signal strength levels are not
consistent with the minimum levels set forth in Section 510.4.1.
Exceptions:
1. Where approved by the building official and the fire code official, a wired communication
system in accordance with Section 907.2.12.2 shall be permitted to be installed or
maintained in instead lieu of an approved radio coverage system.
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2. Where it is determined by the fire code official that the radio coverage system is not
needed.
3. In facilities where emergency responder radio coverage is required and such systems,
components or equipment required could have a negative impact on the normal operations
of that facility, the fire code official shall have the authority to accept an automatically
activated emergency responder radio coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal strength le vels of
the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital
Trunked Radio System within the building in accordance with Section 510.4.1 without the
use of an indoor radio coverage system.
The radio coverage system shall be installed and maintained in accordance with Sections
510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1221,
Standard for the Installation, and Maintenance and Use of Emergency Services
Communications Systems.
The coverage shall be based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This section shall
not require improvement of the existing public safety communication systems.
510.1.1 is added as follows:
510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul
shall be allowed without an approved mitigating plan.
510.2 is deleted as follows:
510.2 Emergency responder radio coverage in existing buildings. Existing buildings shall be
provided with approved radio coverage for emergency responders as required in Chapter 11.
510.3 is amended as follows:
510.3 Permit required. A construction permit, for the installation of, or modification to
emergency responder radio coverage systems and related equipment is required as specified in
Section 105.7.6. Maintenance performed in accordance with this code is not considered a
modification and does not require a permit. A frequency change made to an existing system is
considered to be new construction and will require a construction permit .
510.4 is amended as follows:
510.4 Technical requirements. Systems, components and equipment required to provide the
emergency responder radio coverage system shall comply with Section 510.4.1 through
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510.4.2.8.the current Emergency Responders Radio Coverage Systems Standard Details &
Specification enforced by the Santa Clara County Fire Department.
510.4.1.1 is amended as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength
shall be sufficient to provide usable voice communications throughout the coverage area as
specified by the fire code official. The inbound signal level shall be sufficient to provide not less
than a Delivered Audio Quality (DAQ) of 3.0 for analog communications and a DAQ of 3.4 for
digital communications systems or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR)
applicable to the technology for either analog or digital signals.
510.4.1.2 is amended as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength
shall be sufficient to provide usable voice communications throughout the coverage area as
specified by the fire code official. The outbound signal level shall be sufficient to provide not
less than a DAQ of 3.0 for analog communications and a DAQ of 3.4 for digital communications
systems or an equivalent SINR applicable to the technology for either analog or digital signals.
510.5 is amended as follows:
510.5 Installation requirement. The installation of the public safety radio emergency
responder radio coverage system shall be in accordance with NFPA 1221 and Sections 510.5.1
through 510.5.4 the current Emergency Responder Radio Coverage Systems Standard Details &
Specification enforced by the Santa Clara County Fire Department.
510.5.1 is amended as follows:
510.5.1 Approval prior to installation. Amplification systems capable of operating on
frequencies licensed to any public safety agency by the FCC or other radio licensing authority
shall not be installed without prior coordination and approval of the fire code official and the
agency FCC license holder or systems administrator.
Amend the First Paragraph of 510.5.3 as follows:
510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is
required, and upon completion of installation, the building owner shall have the radio system
tested to verify that two-way coverage on each floor of the building is not less than 95 per cent.
Final system acceptance will require ERRCS power level and DAQ testing with the agency FCC
license holder, systems administrators, or designee.
CHAPTER 6
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BUILDING SERVICES AND SYSTEMS
Chapter 6 of the 2019 California Fire Code and 2018 International Fire Code is adopted with the
following amendments:
603 FUEL-FIRED APPLIANCES
603.4.2.1.1 is amended as follows:
603.4.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating
appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies and rooftops in other than R-3 occupancies.
604 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
604.12 is added as follows:
604.12 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats, and
similar operations shall be provided with approved over-temperature controls and low liquid
level electrical disconnects. Manual reset of required protection devices shall be provided.
CHAPTER 8
INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS
Chapter 8 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
806 NATURAL DECORATIVE VEGETATION IN NEW AND EXISTING BUILDINGS
806.1.1 is amended as follows:
806.1.1 Restricted occupancies. Natural cut trees shall be prohibited within ambulatory care
facilities and Group A, E, I-2, I-3, I-4, M, R-1, R-2 and R-4 occupancies. The display of natural cut
trees and other decorative vegetation shall be in accordance with the California Code of
Regulations, Title 19, Division 1, Section 3.08 and Sections 806 .1 through 806.4.
Exceptions:
1. Trees located in areas protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M,
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R-1 and R-2.
2. Trees shall be allowed within dwelling units in Group R-2 occupancies.
CHAPTER 9
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Chapter 9 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
901 GENERAL
901.6.3 is amended as follows:
901.6.3 Records. Records of all system inspections, tests and maintenance required by the
referenced standard shall be maintained on the premises for a minimum of five years.
Inspections and tests performed on fire alarm systems shall be documented on NFPA 72 forms .
903 AUTOMATIC SPRINKLER SYSTEMS
903.2 is amended as follows:
903.2 Where required. Approved automatic sprinkler system in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive.
For the purposes of this sect ion, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall not be
utilized as a means of area reduction for the purposes of circumventing automatic fire sprinkler
system installation requirements.
1. An approved automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exceptions:
a. Buildings and structures that do not exceed 1,000 square feet of building area and
that are not located in the Wildland-Urban Interface Fire Area.
b. Buildings and structures that are located in the Wildland-Urban Interface Fire Area
and do not exceed 500 square feet of building area.
c. Group S-2 or U occupancies that are not located in the Wildland-Urban Interface
and used exclusively for vehicle parking and meeting all of the following
conditions:
i. Noncombustible construction;
ii. Maximum building area not to exceed 5,000 square feet;
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iii. Structure is open on three (3) or more sides; and
iv. Minimum of 10 feet separation from existing buildings unless area is
separated by fire walls complying with CBC 706.
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures when alterations or additions are made that create conditions described
in Sections 903.2.1 through 903.2.18.
3. An automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than
3,600 square feet.
Exception: One or more additions made to a building after January 1, 2011 that does not
total more than 1,000 square feet of building area.
4. An automatic sprinkler system shall be provided throughout all new basements
regardless of size and throughout existing basements that are expanded by more than 50
percent.
5. Any change in the character of occupancy or in use of any building with a building area
equal to or greater than 3,600 square feet which, in the opinion of the fire code official
or building official, would place the building into a more hazardous division of the same
occupancy group or into a different group of occupancies and constitutes a greater
degree of life safety or increased fire risk, shall require the installation of an approved
automatic fire sprinkler system.
1 Life Safety - Increased occupant load, public assembly areas, public meeting areas,
churches, indoor amusement attractions, buildings with complex exiting systems due to
increased occupant loads, large schools/day-care facilities, and large residential care
facilities with non-ambulatory persons.
2 Fire Risks - High-piled combustible storage, woodworking operations, hazardous
operations using hazardous materials, increased fuel loads (storage of moderate to highly
combustible materials), and increased sources of ignition (welding, automotive repair with
the use of flammable liquids and open flames).
903.2.18 is amended as follows:
903.2.18 Group U private garages and carports accessory to Group R-3 occupancies. Carports
with habitable space above and attached garages, accessory to Group R-3 occupancies, shall be
protected by residential fire sprinklers in accordance with this section. Residential fire sprinklers
shall be connected to, and installed in accordance with, an automatic residential fire sprinkler
system that complies with Section R313 of the California Residential Code or with NFPA 13D.
Fire sprinklers shall be residential sprinklers or quick-response sprinklers, designed to provide a
minimum density of 0.05 gpm/ft2 (2.04 mm/min) over the area of the garage and/or carport,
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but not to exceed two sprinklers for hydraulic calculation purposes. Garage doors shall not be
considered obstructions with respect to sprinkler placement.
Exception:
An automatic residential fire sprinkler system shall not be required when additions or
alterations are made to existing carports and/or garages that do not have an automatic
residential fire sprinkler system installed in accordance with this section.
909 SMOKE CONTROL SYSTEMS
909.20.1 is amended as follows:
909.20.1 Schedule. A routine maintenance and operational testing program shall be initiated
immediately after the smoke control system has passed the acceptance tests. A written
schedule for routine maintenance and operational testing shall be established and both shall
occur at least annually.
CHAPTER 11
CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS.
Delete Chapter 11 of the 2018 International Fire Code in its entirety.
CHAPTER 33
FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
Chapter 33 of the 2019 California Fire Code and 2018 International Fire Code is adopted with
the following amendments:
3304 PRECAUTIONS AGAINST FIRE
3304.9 is added as follows:
3304.9 Fire walls. When firewalls are required in combustible construction, the wall
construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather protected at the location of the wall(s).
3311 MEANS OF EGRESS
3311.1 is amended as follows:
3311.1 Stairways required. Where building construction exceeds 40 feet (12 192 mm) in
height above the lowest level of fire department vehicle access, a temporary or permanent
stairway shall be provided. As construction progresses, such stairway shall be extended to
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within one floor of the highest point of construction having secured decking or flooring.
Each level above the first story in multi-story buildings that require two exit stair ways shall
be provided with at least two usable exit stairways after the floor decking is installed. Exit
stairs in new and in existing, occupied buildings shall be lighted and maintained clear of
debris and construction materials at all times.
Exception:
For multi-story buildings, one of the required exit stairs may be obstructed on not more
than two contiguous floor levels for the purposes of stairway construction (i.e., installation
of gypsum board, painting, flooring, etc.).
3311.1.1 is added as follows:
3311.1.1 Required means of egress. All buildings under construction shall have at least one
unobstructed means of egress. All means of egress shall be identified in the pre-fire plan see
Section 3308.3.
CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Chapter 49 of the 2019 California Fire Code is adopted with the following amendments:
4902 DEFINITIONS
Amend the following definition as follows:
Wildland-Urban Interface Fire Area. A geographical area identified by the state as a " Fire
Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201through
4204 and Government Code Sections 51175 through 51189, or other areas designated by
the enforcing agency to be at a significant risk from wildfires. The Wildland-Urban Interface
Fire Area shall be defined as all areas within the Town of Los Gats as set forth and delineated
on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations,
references, data, and other information shown thereon are hereby adopted and made a
part of this chapter. The map properly attested, shall be on file in the Office of the Town
Clerk of the Town of Los Gatos.
4906 HAZARDOUS VEGETATION AND FUEL MANAGEMENT
4906.2 is amended as follows:
4906.2 Application. Buildings and structures located in the following areas shall maintain the
required hazardous vegetation and fuel management:
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1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1 Moderate Fire Hazard Severity Zones
1.2 High Fire Hazard Severity Zones
1.3 Very-high Fire Hazard Severity Zones
2. Land designated as a Very-high Fire Hazard Severity Zone by cities and other local agencies or
as a Wildland Urban Interface Fire Area by the Town of Los Gatos.
4907 DEFENSIBLE SPACE
4907.1 is amended as follows:
4907.1 General. Defensible space will be maintained around all buildings and structures in Sate
Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe
Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 - 51189 and any local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating, or maintaining buildings or structures in the
locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire
Hazard Severity Zone and persons owning, leasing, or controlling land adjacent to such buildings
or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480
mm) when required by the fire code official due to steepness of terrain or other
conditions that would cause a defensible space of only 30 feet (9144 mm) to be
insufficient .
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings
or structures and less than 18 inches (457 mm) in height above the ground need not be
removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
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4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles, or other dead vegetative growth.
6. Defensible space shall also be provided around water tank structures, water supply pumps,
and pump houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
8. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible
space shall be located a minimum of 30 feet (6096 mm) from structures and separated
from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises
shall be stored as approved by the fire code official.
9. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of non-
fire-resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents , or similar plants used as ground cover,
provided they do not form a means of readily transmitting fire.
4907.2 is added as follows:
4907.2 Corrective actions. The executive body is authorized to instruct the fire code official
to give notice to the owner of the property upon which conditions regulated by Section
4907.1 exist to correct such conditions. If the owner fails to correct such conditions the
executive body is authorized to cause the same to be done and make the expense of such
correction a lien upon the property where such conditions exist.
4908 is added as follows:
4908 FIRE PROTECTION PLAN
4908.1 General. When required by the fire code official, a fire protection plan shall be
prepared.
4908.2 Content. The plan shall be based upon a site -specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions, and fire history. The plan shall address water supply, access, building ignition and
fire-resistance factors, fire protection systems and equipment, defensible space, and
vegetation management.
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4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan retention. The fire protection plan shall be retained by the fire code official.
4909 is added as follows:
4909 WATER SUPPLY
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire
protection water supplies in accordance with Chapter 5 and Section 4909.2.
Exception:
Buildings containing only private garages, carports, sheds, and agricultural buildings with a
building area of not more than 500 square feet (56 m2).
4909.2 Standby power. Standby power shall be provided to pumps, controllers, and
related electrical equipment so that stationary water supply facilities within the wildland-
urban interface area that are dependent on electrical power can provide the required
water supply. The standby power system shall be in accordance with the Electrical Code. The
standby power source shall be capable of providing power for a minimum of two hours.
Exceptions:
1. When approved by the fire code official, a standby power supply is not required where
the primary power serv ice to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility serves no
more than one single-family dwelling.
4910 is added as follows:
4910 IGNITION SOURCE CONTROL
4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface
Fire Area.
CHAPTER 50
HAZARDOUS MATERIALS-GENERAL PROVISIONS
Chapter 50 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
5001 GENERAL
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5001.2.2.2 is amended as follows:
5001.2.2.2 Health hazards. The material categories listed in this section are classified as health
hazards. A material with a primary classification as a health hazard can also pose a physical
hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
5001.5.3 is added as follows:
5001.5.3 Hazardous Materials Business Plan (HMBP). Where required by the Fire code official,
facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by California
Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division
2, Chapter 4. The HMBP shall be electronically submitted in accordance with the fire code
official’s requested timeframe and no less frequently than is required by the HSC.
5003 GENERAL REQUIREMENTS
5003.1.3.1 is added as follows:
5003.1.3.1 Highly toxic, toxic, moderately toxic gases, and similarly used or handled
materials. The storage, use, and handling of highly toxic, toxic, and moderately toxic gases in
amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter 60.
Any highly toxic, toxic or moderately toxic material that is used or handled as a gas or vapor
shall be in accordance with the requirements for highly toxic, toxic, or moderately toxic gases.
5003.1.5 is added as follows:
5003.1.5 Other health hazards. The storage, use, and handling of materials classified as other
health hazards including carcinogens, irritants, and sensitizers in amounts exceeding 810 cubic
feet for gases, 55 gallons for liquids, and 5,000 pounds for solids shall be in accordance with
Section 5003.
5003.1.6 is added as follows:
5003.1.6 Additional spill control and secondary containment requirements. In addition to
the requirements set forth in Section 5004.2, an approved containment system is required
for any quantity of hazardous materials, that are liquids or solid s at normal temperature,
and pressure (NTP) where a spill is determined to be a plausible event and where such an
event would endanger people, property, or the environment. The approved containment
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system may be required to include a combination of spill control and secondary
containment meeting the design and construction requirements set forth in Section 5004.2.
5003.2.2.1 is added as follows:
5003.2.2.1 Design and construction. Piping, tubing, valves, fittings and related components
used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and fabricated
from materials that are compatible with the material to be contained and shall be of
adequate strength and durability to withstand the pressure, structural and seismic
stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara
County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and
Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe emergency
shutoff valves shall be installed on supply piping and tubing and provided with ready access at
the following locations:
1. The point of use.
2. The tank, cylinder, or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff
valves shall be identified and the location shall have access be clearly visible, accessible,
and indicated by means of a sign.
5. Backflow prevention or check valves shall be provided where the backflow of hazardous
materials could create a hazardous condition or cause the unauthorized discharge of
hazardous materials.
Exception:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
6. Where gases or liquids having a hazard ranking of: Health Hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square
inch gauge (psig) (103 Kpa), an approved means of leak detection and emergency shutoff
or excess flow control shall be provided. Where the piping originates from within a
hazardous material storage room or area, the excess flow control shall be located within
the storage room or area. Where the piping originates from a bulk source, the excess flow
control shall be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
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2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided
for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases
above threshold quantities listed in Table 6004.2.1.4. Secondary containment includes
but is not limited to double walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and
fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas may be
subjected to thermal expansion. Chambers shall be sized to provide protection for piping
and instrumentation and to accommodate the expansion of regulated materials.
5003.2.2.2 is amended as follows:
5003.2.2.2 Additional regulation for supply piping for health-hazard materials. Supply
piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance
with NFPA 704 shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of highly toxic, toxic, or highly volatile
corrosive liquids and gases shall have welded threaded or flanged or brazed connections
throughout except for connections within a ventilated an exhausted enclosure if the
material is a gas, or an approved method of drainage or containment is provided for
connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means of
egress required to be enclosed in fire-resistance-rated construction or in concealed
spaces in areas not classified as Group H occupancies.
EXCEPTION: Piping and tubing within the space defined by the walls of corridors and the
floor or roof above or in concealed space above other occupancies where when installed in
accordance with Section 415.11.6.4 of the California Building Code for Group H-5
occupancies.
3. All primary piping for highly toxic, toxic, and moderately toxic gases shall pass a helium
leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in
accordance with an approved, nationally recognized standard. Tests shall be conducted
by a qualified third party not involved with the construction of the piping and control
systems.
5003.3.1 is amended as follows:
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5003.3.1 Unauthorized discharges. In the event Where hazardous materials are released in
quantities reportable under state, federal, or local regulations or when there is release or a
threatened release that presents a threat to health, property , or the environment, the fire
code official shall be notified immediately in an approved manner and the following
procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
5003.5.2 is amended as follows:
5003.5.2 Ventilation ducting. Ducts venting hazardous materials operations shall be labele d
with the hazard class of the material being vented and the direction of flow.
5003.5.3 is added as follows:
5003.5.3 "H" occupancies. In "H" occupancies, all piping and tubing may be required to be
identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
5003.9.11 is added as follows:
5003.9.11 Fire extinguishing systems for workstations dispensing, handling , or using
hazardous materials. Combustible and non-combustible workstations, which dispense,
handle, or use hazardous materials, shall be protected by an approved automatic fire
extinguishing system in accordance with Section 2703.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry
NSF/ANSI certification where quantities of flammable liquids in use or storage within the
cabinet do not exceed 500ml.
5003.10.4 is amended as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers
other than in the individual(s) handling the chemical transport cart.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20
liters {5.28 gal).
5003.10.4.3 Highly toxic, toxic, and moderately toxic gases shall be limited to a container of a
maximum water capacity of 1 lb.
5003.10.4.4 Means shall be provided to prevent the elevator from being summoned to other
floors.
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5004 STORAGE
5004.2.1 is amended as follows:
5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for
storage of hazardous material liquids in individual vessels having a capacity of more than 55
gallons (208 L), or in which the aggregate capacity of multiple vessels exceeds 1,000 gallons
(3785 L), shall be provided with spill control to prevent the flow of liquids to adjoining areas.
Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to
contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
location s.
2. Liquid-tight floors in indoor and outdoor locations or similar areas in outdoor locations
provided with liquid-tight raised or recessed sill s or dikes.
3. Sumps and collection systems, including containment pallets in accordance with Section
5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of
noncombustible material, and the liquid-tight seal shall be compatible with the material stored.
When liquid-tight sills or dikes are provided, they are not required at perimeter openings
having an open-grate trench across the opening that connects to an approved collection
system.
5004.2.2.2 is amended as follows:
5004.2.2.2 Incompatible materials. Incompatible materials used in open systems shall be
separated from each other in the independent secondary containment systems.
5004.2.3 is amended as follows:
5004.2.3 Containment pallets. Where used as an alternative to spill control and secondary
containment for outdoor storage in accordance with the exception in Section 5004.2,
containment pallets shall comply with all of the following:
1. A liquid-tight sump with access accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons (250L);
3. Exposed surfaces shall be compatible with material store d;
4. Containment pallets shall be protected to prevent collection of rainwater within the
sump of the containment pallet.
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Combustible containment pallets shall not be used inside buildings to comply with Section
5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate
capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the
individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple
containers exceeds 10,000 pounds (4540 kg) for solids.
CHAPTER 56
EXPLOSIVES AND FIREWORKS
Chapter 56 of the 2019 California Fire Code and 2018 International Fire Code is adopted with
the following amendments:
5601 GENERAL
5601.1.3 is amended as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks,
including those fireworks classified as Safe and Sane by the California State Fire Marshal, are
prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and
Safety Code Division 11.
3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and
pyrotechnic special effects in motion pictures, television theatrical or group entertainment
productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608
and Health and Safety Code Division 11.
4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks
where allowed by applicable laws, ordinances and regulations, provided that such fireworks
and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR
Parts 100–185, as applicable for consumer fireworks and Health and Safety Code Division
11.
The use of fireworks for firework displays as allowed in Section 5608
CHAPTER 57
FLAMMABLE AND COMBUSTIBLE LIQUIDS
Chapter 57 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
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5704 STORAGE
5704.2.7.5.8 is amended as follows:
5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with
Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid
storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections
5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment
inside buildings.
Exception:
Outside above-ground tanks with a capacity of 1,320 gallons (5000 L) or less.
5704.2.7.5.9 is added as follows:
5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire
code official, that sends an alarm signal to a constantly attended location and immediately
stops the filling of the tank. The alarm signal and automatic shut off shall be tested on an
annual basis and records of such testing shall be maintained on-site for a period of five (5)
years.
5704.2.9.6.1 is amended as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II
liquids in above-ground tanks outside of buildings is prohibited within the limits established by
law as the limits of districts in which such storage is prohibit ed [jurisdiction to specify] in all
locations of the Town of Los Gatos, which are residential or congested commercial areas as
determined by the fire code official.
5706 SPECIAL OPERATIONS
5706.2.4.4 is amended as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II
liquids in above-ground tanks is prohibited within the limits established by law as the limits of
districts in which such storage is prohibited [Jurisdiction to spe cify] in all locations of the Town
of Los Gatos, which are residential or congested commercial areas as determined by the fire
code official.
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5707 ON-DEMAND MOBILE FUELING OPERATIONS
5707.3.3 is amended as follows:
5707.3.3 Site plan. Where required by the fire code official A site plan shall be developed for
each location at which mobile fueling occurs. The site plan shall be in sufficient detail to
indicate: all buildings, structures, lot lines, property lines, and appurtenances on site and their
use or and function; all uses adjacent to the lot lines of the site; fueling locations, the locations
of all storm drain openings, and adjacent waterways or wetlands; information regarding slope,
natural drainage, curbing, impounding, and how a spill will be kept on the site property; and the
scale of the site plan.
CHAPTER 58
FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS
Chapter 58 of the 2019 California Fire Code and 2018 International Fire Code is adopted with
the following amendment:
5806 FLAMMABLE CRYOGENIC FLUIDS
5806.2 is amended as follows:
5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers outside
of buildings is prohibited within the limits established by law as the limits of districts in which
such storage is prohibited [Jurisdiction to specify] in all locations of the Town of Los Gatos,
which are residential or congested commercial areas as determined by the fire code official.
5809 MOBILE GASEOUS FUELING OF HYDROGEN-FUELED VEHICLES
5809.3.4 is amended as follows:
5809.3.4 Site plan. Where required by the fire code official For other than emergency roadside
service, a site plan shall be developed for each location at which mobile gaseous hydrogen
fueling occurs. The site plan shall be in sufficient detail to indicate; all buildings, structures, lot
lines, property lines and appurtenances on site and their use and function, and the scale of the
site plan.
CHAPTER 60
HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC MATERIALS
Chapter 60 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
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6001 GENERAL
6001.1 is amended as follows:
6001.1 Scope. The storage and use of highly toxic, toxic, and moderately toxic materials
shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with
Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the manufacturer’ s
instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous
Materials Transportation Act and regulations there under.
2.3 Storage in dwellings or private garages of pesticides registered
by the U.S. Environmental Protection Agency to be utilized in and around the
home, garden, pool, spa and patio.
6004 HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC COMPRESSED GASES
6004.1 is amended as follows:
6004.1 General. The storage and use of highly toxic, toxic , and moderately toxic
compressed gases shall comply with this section.
6004.1.1 is amended as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall
be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 is amended as follows:
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic, and moderately toxic compressed
gases shall not be stored or used within Group A, E, I or U occupancies.
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Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and
pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 is amended as follows:
6004.1.1.2 Group R occupancies. Highly toxic, toxic, and moderately toxic compressed gases
shall not be stored or used in Group R occupancies.
6004.1.1.3 is amended as follows:
6004.1 .1.3 Offices, retail sales and classrooms. Highly toxic, toxic, and moderately toxic
compressed gases shall not be stored or used in offices, retail sales or classroom portions of
Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20
cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
6004.2 is amended as follows:
6004.2 Indoor storage and use. The indoor storage and or use of highly toxic, toxic, or
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through
6004.2.1.4.
6004.2.1 is amended as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use
of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in
Sections 6004.2.1.1 through 6004.2.1.4.
6004.2.1.4 is amended as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not exceeding
the maximum allowable per control area. The indoor storage or use of highly toxic, toxic
and moderately toxic gases in amounts not exceeding the minimum threshold quantiti es
per control area set forth in Table 6004.2.1.4, but not exceeding maximum allowable
quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections
5001, 5003, 6001, and 6004.1 , and 6004.4.
Table 6004.2.1.4 is added as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for
Indoor Storage and Use
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Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
6004.4 is added as follows:
6004.4 General indoor requirements. The general requirements applicable to the indoor
storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in
accordance with Sections 6004.4 through 6004.4.8.2.
6004.4.1 is added as follows:
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,
exhausted enclosures, or gas rooms. Portable and stationary tanks shall be located within gas
rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
6004.4.2 is added as follows:
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are
located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures sha ll
not be used as the sole means of exhaust for any room or area.
6004.4.3 is added as follows:
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and
controls on stationary tanks, portable tanks, and cylinders shall comply with the following
requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of
excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
6004.4.4 is added as follows:
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following
requirements:
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1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative
fire-extinguishing systems shall not be used.
6004.4.5 is added as follows:
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures,
and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The
treatment system shall be utilized to handle the accidental release of gas and to process
exhaust ventilation. The treatment system shall be designed in accordance with Sections
6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases - storage. A treatment system is not required
for cylinders, containers, and tanks in storage where all of the following controls are
provided:
1.1 Valve outlets are equipped with gas-tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in accordance
with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required
for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable
tanks, or cylinders where a gas detection system complying with Section 6004 .4.8 and listed
or approved automatic-closing fail-safe valves are provided. The gas detection system shall
have a sensing interval not exceeding 5 minutes. Automatic-closing fail-safe valves shall be
located immediately adjacent to cylinder valves and shall close when gas is detected at the
permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point
of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure, or gas room.
6004.4.5.1 is added as follows:
6004.4.5.1. Design. Treatment systems shall be capable of diluting, absorbing, containing,
neutralizing, burning, or otherwise processing the contents of the largest single vessel of
compressed gas. Where a total containment system is used, the system shall be designed to
handle the maximum anticipated pressure of release to the system when it reaches
equilibrium.
6004.4.5.2 is added as follows:
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6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable discharge concentrations of the gas to one-half immediate by dangerous to life and
health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted
to the treatment system, the treatment system shall be designed to handle the worst-case
release based on the release rate, the quantity and the IDLH for all compressed gases stored or
used.
6004.4.5.3 is added as follows:
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case
release of gas based on the maximum flow rate of release from the largest vessel utilized. The
entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 is added as follows:
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of
release for the compressed gas contained based on valves or fittings that are inserted directly
into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release
for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed
gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation
purposes. Flow rates indicated on the label shall be convert ed to cubic feet per minute
(cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).
6004.4.5.5 is added as follows:
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks
and cylinders shall be calculated based on the total release from the cylinder or tank within the
time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with
approved excess flow or reduced flow valves, the worst-case release shall be determined by the
maximum achievable flow from the valve as determined by the valve manufacturer or
compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by
the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate
the flow rate for air under normal temperature and pressure.
6004.4.6 is added as follows:
6004.4.6. Emergency power. Emergency power shall be provided for the following systems in
accordance with Section 604:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
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6004.4.6.1 is added as follows:
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical exhaust
ventilation and treatment systems where approved fail-safe systems are installed and designed
to stop gas flow.
6004.4.7 is added as follows:
6004.4.7. Automatic fire detection system. An approved automatic fire detection system shall
be installed in rooms or areas where highly toxic, toxic, and moderately toxic compre ssed gases
are stored or used. Activation of the detection system shall sound a local alarm. The fire
detection system shall comply with Section 907.
6004.4.8 is added as follows:
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be
provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which
detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the
physiological warning threshold level for the gas is at a level below the accepted PEL for the
gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases
where cylinders, portable tanks, and all non-continuously welded connects are within a gas
cabinet or exhausted enclosures.
6004.4.8.1 is added as follows:
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal
to an approved location.
6004.4.8.2 is added as follows:
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut
off valve at the source on gas supply piping and tubing related to the system being monitored
for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic
compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
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CHAPTER 61
LIQUEFIED PETROLEUM GASES
Chapter 61 of the 2019 California Fire Code and 2018 International Fire Code is adopted with
the following amendments:
6104 LOCATION OF LP-GAS CONTAINERS
6104.2 is amended as follows:
6104.2 Maximum capacity within established limits. Within the limits established by law
restricting The storage of liquefied petroleum gas (LPG) for the protection of heavily populated
or congested areas, the aggregate capacity of any one installation shall not exceed a water
capacity of 2,000 gallons (7570 L) [Jurisdiction to specify] is restricted in all locations within the
Town of Los Gatos that are residential or congested commercial areas as determined by the fire
code official.
Exceptions: In particular installations, this capacity limit shall be determined by the fire code
official, after consideration of special features such as topographical conditions, nature of
occupancy, and proximity to buildings, capacity of proposed LP -gas containers, degree of fire
protection to be provided and capabilities of the local fire department. LPG may be used for
industrial operations or when natural gas would not provide a viable substitute for LPG.
Portable containers for temporary heating and/or cooking uses may be permitted if stored and
handled in accordance with this code. Facilities in commercial areas for refueling portable or
mobile LPG containers may be approved by the fire code official on a case-by-case basis.
CHAPTER 64
PYROPHORIC MATERIALS
Chapter 64 of the 2019 California Fire Code and 2018 International Fire Code is adopted with
the following amendments:
6405 USE
6405.3.1 is added as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall
automatically shut down at the source upon activation of the gas detection system at levels
above the alarm level and/or failure of the ventilation system for the distribution system.
SECTION III
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If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the ba lance of the
ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on December 3, 2019 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on December 17, 2019
and becomes effective 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior t o and fifteen
(15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
61 of 61
Ordinance December 3, 2019
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________