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Ord 1422 - ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1976 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, UNIFORM FIRE CODE, UNORDINANCE NO. 1422 adopted 4 -2 -79. 5 �) IV 0K '` Correction Page No. 2 Line 20 - (last paragraph) 'tor any as many ". 3 Line 23 - "of buildings, he shall give notice thereof to the owner or, ® if ". 9 Line 13 - "may be made regarding its use, may approve any alternate provided ". 25 Line 8 - ttproposed construction exceeds ". 49 Line 7 - ttwritten agreement to-- &- Y indemnify". 51 Paragraph beginning Li�--Ilsure 62 Line 11 - ttcombustibel combustible ". 64 Line 17 - "Sec. -13 12.03.120. 66 Line 18 - "A permit is egai -eed required". 2 4a 11-1 5 �) IV 0K '` ORDINANCE NO. 1122 ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1976 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, UNIFORM FIRE CODE, UNIFORM PLUMBING CODE, AND 1975 EDITION OF NATIONAL ELECTRICAL CODE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Chapter 7, consisting of Articles I and III, of the Los Gatos Town Code is repealed. Chapter 10, consisting of Articles I and II, of the Los Gatos Town Code is repealed. Articles II and III of Chapter 12 of the Los Gatos Town Code are repealed. Chapter 22, of the Los Gatos Town Code, is repealed. Chapter 24, consisting of Articles I and II, of the Los Gatos Town Code is repealed. Article VI, consisting of sections 27 -79 and 27 -80, of the Los Gatos Town Code is repealed. SECTION 2. Article VI is added to Chapter 27 of the Los Gatos Town Code to read: ARTICLE VI. NUMBERING OF BUILDINGS Sec. 27.06.010. Buildinq Numbering Required Every person who owns a building nd every y person who has Possession and control of a building shall place or cause to be Placed on or near the door or I gate used as an entrance to such i -1- building so as to be readily seen from the street, the number of such building as specified in this article. All entrances from streets to buildings, or to separate apartments in buildings, shall be numbered. It is unlawful for any person to place, maintain or allow to remain on any building or apartment any number other than that required by this article. Sec. 27.06.015 Method of Determining Numbers The Los Gatos Creek is the starting point for the numbers of all buildings fronting on the streets, beginning thereat, and running east and west. Main Street, Johnson Avenue, and Pennsylvania Avenue is the starting point for the numbers of all buildings fronting on the streets beginning thereat and running north and south. Main Street is numbered east and west from the bridge and Santa Cruz Avenue shall be numbered north and south from Main Street. On all streets the numbers on the right -hand side, starting from the point of beginning, are even numbers, and the numbers on the left -hand side are odd numbers. One hundred numbers, or any many thereof as may necessary, shall be allotted to the property fronting in each block, between two main streets, the number one hundred being the first number on the right -hand side, and the number one hundred and one being the first number on the left -hand side of the second block of all streets. The succeeding hundreds shall be allotted in -2- similar manner consecutively to each succeeding block. When any street fails in its course to traverse certain blocks, one hundred numbers shall be allotted to each block not traversed in the same manner as if the street were continuous. When any street is intersected on its opposite sides by different streets, the hundreds on one side shall be made to correspond as closely as possible to the hundreds on the opposite side by allotting only twenty -five numbers, even or odd as the case may..;-require, to the side on which the blocks are shorter. One number shall be allowed for each twenty -five feet of the frontage of each block, between two main streets. Sec. 27.06.020 Type and`3Manner of Placement of Numbers All numbers placed upon entrances and buildings pursuant to this article shall be of a different color from the background upon which they are placed, and each figure of such numbers shall be at least two inches in height and of proportionate width. All numbers shall be made of substantial and permanent material and shall be so placed or affixed as not to be easily defaced or removed. Sec. 27.06.025 Enforcement When the Chief of Police has knowledge of any violation of any of the provisions of this article relating to the numbering of buildings, he shall give notice thereof to the owner or, of the owner cannot be found, to the occupant of the premises where the violation occurs, and if, after two weeks, the cause of the complaint has not been removed, such person shall be guilty of a violation of this article. -3- SECTION 3. Chapter 7 is added to the Los Gatos Town Code to read: BUILDING REGULATIONS Chapter 7. ARTICLE I ADMINISTRATION OF CODES REGULATING BUILDINGS AND RELATED MATTERS Sec. 7.01.010 Title This article is, and may be cited as, the "Administrative and Supplemental Code for Construction ". Sec. 7.01.015 Definitions For the purposes of this chapter the following words and phrases are defined. (a) "Building Official" means the person charged with the administering and enforcing of this Code and his duly authorized representatives. (b) "Board of Appeals" means the board authorized to determine appeals from a decision or order of the Building Official. (c) "This Code" means both this Chapter 7 and the following Codes of the Town: 1. Uniform Building Code 2. Uniform Housing Code 3. Uniform Plumbing Code 4. Uniform Mechanical Code 5. National Electrical Code 6. Building Relocation Code 7. Uniform Code for the Abatement of Dangerous Buildings (As a convenience, the words "Uniform" and "National" are omitted when reference is made in this chapter to these Codes.) (d) "Commission" means the California Public Utilities Commission. Sec. 7.01.020 Purpose It is the purpose of this Article I to provide for the administration of the Codes, which provide minimum standards to protect persons, property, and the public welfare by regulating the design, construction, quality of materials, use, occupancy, location and maintenance of all buildings, structures and grading in the Town, the installation of plumbing, drainage, mechanical and electrical systems, or parts thereof, in serving such buildings and structures, and the relocation of buildings. Sec. 7.01.025 Scope The provisions of this article apply to grading and to construction, alteration, moving, demolition, removal, repair and use of any building or structure in the Town, including all plumbing, drainage, mechanical, and electrical systems, or parts thereof, in serving buildings or structures, except: (a) Any building, structure, or real property belonging to the United States of America or any other public agency whose activities are expressly exempted by law from municipal regulation by means of the Codes, (b) Work located primarily in a public way or (c) Public utility towers and poles. -5- Additions, alterations, reconstruction, repairs and changes of use or occupancy in all buildings and structures must comply with the provisions for new buildings and structures except as specifically provided in the Codes: Whenever different parts of the Codes specify different materials, methods of construction or other requirements, the most restrictive applies. Whenever the Codes make reference to any Appendix, only the provisions of an Appendix which has been specifically adopted by this Chapter 7 apply. Sec. 7.01.030 Existing Buildings -- Applications of Codes (a) Buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements for new buildings or structures except as specifically provided in this section or in the Codes. (b) Existing Occupancy Buildings in existence at the time of the passage of this Code may have their existing use or occupancy continued, if such use or occupancy is legal immediately before and at the time this Code becomes effective, provided such continued use is not dangerous to life. Additions, alterations, and repairs may be made without making an entire building or structure comply with requirements for new buildings. The new construction shall conform to the require - M ments of this Code for a new building of like area, height, and occupancy. Such building or structure, including new additions, shall not exceed the areas and heights specified in this Code. However, all installation or replacement of glass in hazardous locations specified in section 5406 of the Building Code shall be done in the manner required for new work. When there is any change in the use or occupancy of any existing building or structure, there must be compliance with the provisions of section 7.01.205 and section 502 of the Building Code. (c) Maintenance All buildings or structures, existing or new, and all parts thereof, shall be maintained in a safe and a sanitary condition. All devices or safeguards required by this Code in a building or structure when erected, altered, or repaired, shall be maintained in good working order. The owner, and any lessee, mortgagee in possession or other occupant who has control of the premises, are responsible for the maintenance of buildings or structures. IWC (d) Unsafe Building Appendages Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition are hereby designated as unsafe building appendages. All such unsafe building appendages are public nuisances and shall be abated in accordance with section 7.01.060 of this Code. (e) Historic Buildings Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all of the requirements of this Code, but only when specifically authorized by the Building Official and when: 1. The building or structure has been designated by :ordinance of the legislative body as having special historical or architectural significance, 2. Any unsafe conditions, as described in section 7.01.060 of this Code, will be corrected in accordance with plans approved by the Building Official, 3. Any substandard conditions will be corrected in accordance with plans approved by the Building Official, and 4. The restored building or structure will be less hazardous, based on life and fire risk, than it was before restoration. Sec. 7.01.035 Buildings Moved Buildings or structures moved into or within the Town shall comply with the provisions of this Code for new buildings or structures. Sec. 7.01.040 Approval of Alternate Materials and Methods The provisions of this Code are not intended to prevent the use of any materials, appliances, equipment, or methods of construction (for brevity called "alternate ") not specifically prescribed by this Code, provided the alternate has been approved by the Building Official. The Building Official, after requiring that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use, may approve any alternate provide he finds that it is satisfactory, complies with the provisions of Chapter 23 of the Building Code or other applicable provisions of this Code, and that the alternate is for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability, safety and sanitation. For the requirements concerning approved fabricators, see sections 7.01.200 and 402 (Uniform Building Code). Sec. 7.01.045 Tests Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency. Test methods shall be those specified by this Code for the material in question. If no appropriate test methods are specified in this Code, the Building Official shall specify the test method. Copies of records of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the building or structure. Sec. 7.01.050 Buildinq Department The Building Department is established in the Town. The Building Department is managed by the Building Official. The Building Official is appointed in the manner provided for department managers. Sec. 7.01.055 Powers and Duties of the Building Official (a) The Building Official is authorized and directed to enforce this Code, except for Chapter 70 of the Building Code. For such purpose he has the powers of a peace officer. The Plumbing Code administrative authority and the Electrical Code authority are both the Building Official. (b) In accordance with the procedures established for the hiring of Town employees, and with the approval of the appointing authority of the Town, the Building Official may have inspectors and others to assist him. He may deputize Town employees to carry out the functions of the Building Department. Mlm charge or control of the building or premises and demand entry. If entry is refused, the Building Official has recourse to every remedy provided by law to accomplish entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, promptly to permit entry therein by the Building Official for the purpose of .inspection and examination pursuant to this Code. Any person who violates this subsection is guilty of a misdemeanor. (f) Stop Orders Whenever any building work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. (g) Occupancy Violations Whenever any building or structure is being used contrary to the provisions of this Code, the Building Official may order the use discontinued and the building or structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person,- sha:11 discontinue the use within 10 days after receipt of such notice or make the building or structure, or portion thereof, comply with the requirements of this Code. However, section 7.01.060 applies to unsafe buildings. -12- (h) Other Officials The Building Official may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the Town. Sec. 7.01.060 Unsafe Buildings All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, delapidation, obsolescence, 'fire hazard, disaster damage, or abandonment, as specified in this Code or any other ordinance or statute, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances� shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings and by other procedures provided by law. Sec. 7.01.065 Building Appeals In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable inter- pretation and application of the provisions of this Code, the Town Council is a board of appeals. When the Town Council is acting as the board of appeals, the Building Official shall attend its sessions. -13- The Town Council as board of appeals may adopt reasonable rules and regulations for limiting the time for appeals and concerning procedures, for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. Sec. 7.01.070 Violations Any person who does any work or causes any work to be done, or who occupies, or maintains any building or structure, or who causes the same to be done, contrary to or in violation of the provisions of this Code, is guilty of a misdemeanor. Such person is guilty of a separate offense for each day during any part of which a violation of any provision of this Code is committed, continued, or permitted by such person and is punishable accordingly. Sec. 7.01.075 Remedies Cumulative The remedies provided in this Code are cumulative and may be selected at the discretion of the Town. The availability of administrative proceedings by the Town to abate a violation is neither a bar nor a prerequisite to the Town's commencing any litigation or obtaining any judicial remedy. Sec. 7.01.080 Building Permits Required No person shall erect, construct, relocate, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or do any grading for which a permit is required by section 7003 of the Uniform Building Code, in the Town, or cause the same to be done, without first obtaining a separate building permit for each such building or structure or grading project. -14- Sec. 7.01.085 Application for Building Permits Applications for permits for work regulated by the Building Code shall be written, on the form provided by the Building Official, and shall: (a) Describe the work to be covered by the permit, (b) Describe the land on which the work is to be done by lot, block, and tract, or by metes and bounds description, and house and street address, (c) Show the use or occupancy of all parts of the building, (d) Be accompanied by plans and specifications as required in section 7.01.090, (e) State the valuation of the proposed work, (f) Be signed by the applicant, or his authorized agent, who may be required to submit evidence to ,indicate his authority, and (g) Give any other information reasonably required by the Building Official. Sec. 7.01.090 Plans and Specifications Rqqu.ired Two sets of plans and specifications shall be submitted with each application for a building permit, and when required by the Building Official for enforcement of any provisions of this Code. The Building Official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. When authorized by the Building Official, plans and specifi- cations need not be submitted fora -15- (a) One -story buildings of Type V conventional woodstud construction with an area not exceeding 600 square feet, (b) Group M, Division I, Occupancies of Type V conventional woodstud construction, or (c) Small and unimportant work. Sec. 7.01.095 Form and Content of Plans and Specifications Plans and specifications shall be drawn to scale and shall be of sufficient clarity to show the nature and extent of the work proposed and to show in detail that the work will conform to the provisions of state law, this Code and all relevant provisions of Los Gatos ordinances, regulations, and zoning approvals. The first sheet of each set of plans shall give the house and street address of the work and the name and address of both the owner and the person who prepared them. Each sheet shall be dated. When revisions are made, the date of the revision shall be added with a notation, such as initials, sufficient to identify the person who made the revision, Plans shall include a plot plan showing the location of proposed buildings, every existing building on the property, parking and the location of easements. When there are trees on the lot, the plot plan shall show their locations regardless of whether they are to be removed in the course of the work if they are the kind of trees whose removal is regulated by ordinance or the terms of a zoning approval and if any parts of their trunks at ground level are within 30 feet of construction work. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of the -16- Building Code or other provisions of the Los Gatos Town Code, other ordinances or state law. Computations, stress diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the Building Official. Plans for buildings more than two stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire - resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing, and communications conduits, pipes and similar systems. Sec. 7.01.100 Standard Plans The Building Official may approve a set of plans for building or structure as a standard plan, provided the applicant has made proper application, submitted complete sets of plans, and paid the plan checking fee. When an applicant wishes to use an approved standard plan for an identical building or structure, two plot plans and one duplicate plan shall' >be submitted, and a plan checking fee equal to one -half of the full plan checking fee shall be paid with the application for a building permit. Such duplicate plans shall be compared, stamped, and kept on the job. In case of any deviation whatsoever from a standard plan, complete plans, together with a full plan checking fee, shall be submitted for the proposed work. Standard plans shall be valid for one year from the date of approval. The period may be extended by the Building Official when there is evidence that the plan may properly be used again. -17- Sec. 7.01.105 Permits, Issuance No permit required by this Code shall issue until the applicant files a signed statement that the applicant is currently licensed under the provisions of the Contractors' License Law of the state, giving the number of the license, except that a, permit may be issued to the legal or equitable owner of property who does the permitted work himself or by using his own employees working with wages as their sole compensation. The Building Official may require such proof of the existence of facts to justify the exception as he considers necessary. No permit required by this Code shall issue until the applicant, as required by Labor Code section 3800, has filed a certificate of Workers' Compensation Insurance certificate or a consent to self - insure, or unless the permit is for $100 or less, or the applicant certifies there will be no employment on the job subject to the Workers' Compensation Laws. If, however, section 3800 is repealed or amended to remove the requirements repeated in this section the second paragraph of the section shall have no further effect. Sec 7.01.110 Plumbing Permits Required (a) It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit to do such work from the Administrative Authority. L'ii_ (b) A separate permit shall be obtained for each building or structure. No permit shall be required in the case of any repair work as follows: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as herein - before provided. No permit shall be required for the cleaning of stoppages or the repairing of leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Sec. 7.01.115. Electrical Permits Required No person shall do or cause to be done any alteration or addition to any existing wiring, or any wiring for the placing or installation of any electric light, power or heating device, or any apparatus which generates, transmits, transforms or utilizes electricity, operating at a voltage exceeding 25 volts between conductors or capable of supplying more than 40 watts without first securing a permit therefor. -19- No permit shall be required for minor repair work including repairing drop cords, flush and snap switches, replacing fuses, changing lamp sockets and receptacles, and taping bare joints. Sec 7.01.120 Mechanical Permits Required No person shall do or cause to be done any installation of or any alteration or addition to any mechanical equipment regulated by the Mechanical Code without first obtaining a separate permit for each building or structure. No permit shall be required for minor repairs and maintenance where it is not necessary to remove and replace any defective part. Sec. 7.01.125 Application for Permits Other than Building Permits An application for permits to do work regulated by the Code other than work regulated by the Building Code shall be written, on the form provided by the Building Official and shall: (a) Describe the character of the work proposed, (b) Identify the location, ownership, occupancy, and use of the property on.which the proposed work is to be done, and (c) Be accompanied by plans, specifications, drawings or such other information as reasonably may be required by the Building Official. When the proposed work involves trenching, the information required by section 7.01.095 concerning the location of trees shall be included. In addition to the requirements of section 7.01.105 a permit to do work other than work regulated by the Building Code may be -20- issued to an applicant other than a licensed contractor only when the applicant is the legal or equitable owner of the property and he resides or intends to reside there and the property is used or will be used primarily for single or two - family residence purposes, together with accessory buildings which are occupied or designed to be occupied by the owner, and provided the said installation, alteration or repair is done by himself or a member of his immediate family. Sec. 7.01.130 Permits, General Requirements The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Official. Such plans may be reviewed by other departments of the Town to check compliance with the provisions of the laws and ordinances they enforce. If the Building Official is satisfied that the work described in an application for permit and the plans, specifications, descriptions or information filed therewith conforms to the requirements of the Codes and other laws and ordinances, and the specified fee has been paid, he shall issue a permit therefor to the applicant. When the Building Official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications "APPROVED ". Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction -21- of part of a. building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Codes. The holder of such permit may proceed with the work authorized by the•.permit, but only at his own risk and without assurance that the permit for the entire building or structure will be granted. Sec. 7.01.135. Permits, Retention or Return of Plans One set of approved plans, specifications, and computations shall be retained by the Building Official for a period of at least 90 days from the date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept at the building or work site at all times while the work authorized thereby is in progress. Plans, submitted for checking, for which no permit is issued and on which no action is taken by the applicant for 180 days shall be returned by mail to the last known address of the applicant, or destroyed in the discretion of the Building Official. To renew action on said plans, a payment of a new plan check fee shall be required. Sec. 7.01.140 Permits, Validity The .issuance or granting of a permit or approval of plans or specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. -22- No permit purporting to give authority to do any work contrary to the provisions of this Code or any law, ordinance or regulation is valid. The issuance of a permit based on plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in the plans and specifications or in the work, or from stopping building operations done in violation of this Code, or in violation of any provision of law or of any other ordinance of the Town. Sec. 7.01.145 Permits, Expiration Every permit issued by the Building Official expires by limitation and becomes void if either the work authorized by such permit is not commenced within 120 days from the date the permit is issued, or the work authorized by the permit is suspended or abandoned at any time after it is commenced for a period of 120 days. When a permit has expired under the terms of this section, work shall not be begun or recommenced until a new permit is obtained. The fee for such new permit is half of that for a new permit for such work, if no changes are made in the original plans and specifications, and if the delay, suspension or abandonment has not exceeded one year. Sec. 7.01.150 Permits, Suspension and Revoc The Building Official may, in writing, suspend or revoke a permit he has issued whenever the permit was issued in error or on the basis of incorrect information or was .issued in violation of the provisions of this Code, or any law, ordinance or regulation. The decision of the Building Official to suspend or revoke a permit is appealable as provided in Sec. 7.01.065. -23- Sec. 7.01.155 Uncompleted Work Whenever the work authorized by a permit issued by the Building Official has been suspended or abandoned for more than one year, and the work .is in a substantially incomplete and deteriorated condition, it is a public nuisance, and if the board so determines at a hearing, the nuisance may be abated in any manner provided for by law. The remedy provided by this section is cumulative.to any other remedy, and the Town may elect whether to commence administrative proceedings or to proceed initially to obtain judicial relief. Sec 7.01.160 Notice and Procedure Notice of the hearing to determine whether the building or work is a public nuisance under the provisions of section 7.01.155 shall be given in substantial conformity with the provisions of subdivisions (c), (d) and (e) of Section 401 of the Uniform Code for the Abatement of Dangerous Buildings. The hearing shall be conducted in the manner provided in Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings, as amended by sections 7.07.010, 7.07.015 and 7.07.020 of this Code. Sec. 7.01.165 Permit Fees, Refunds A fee for each permit issued shall be paid to the Town. The fee shall be fixed by resolution of the Town Council. The deter- mination of value for fee purposes is made by the Building Official. Where work for which a permit is required by this Code is begun before the permit is obtained, the fee for the permit is doubled. Payment of the double fee shall neither relieve anyone from the duty -24- of full compliance with the requirements of this Code in executing the work nor from any penalties. If a permit for work regulated by this Code is issued and no portion of the work covered by the permit is begun, the permittee, upon presenting the Building Official with a written request, is entitled to refund of 80 per cent of the permit fee paid. Sec. 7.01.170. Plan -Check Fees When the value of proposed construction exceed $2,000.00 and a plan is required, a plan -check fee shall:be paid to the Building Official. The plan -check fee for buildings of Groups R, Division 3 and M occupancies is half of the building permit fee. Plan - check fees for all other buildings are 65 per cent of the building permit fee. Where plans are incomplete, or changed so as to require additional plan- checking, an additional plan -check fee may be charged at a rate established by the Building Official. ec. 3.01.175 Inspections, Survey All work for which a permit is required is. subject to inspection by the Building Official, and construction shall have continuous inspection by special inspectors designated by the Building Official as specified in section 7.01.200. A survey of the lot may be required by the Building Official to verify compliance of the structure, including its location, with the plans and ordinances. -25- S ec. 7.01.180 Inspections, Inspectio Record Card Work requiring a permit shall not be commenced until the permittee has posted an inspection record card in a conspicuous place on the premises, in such position as to allow the Building Official conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained in such position by the permittee until occupancy has been approved. Sec. 7.01.185 Inspect Approval Required No work shall be done on any part of any building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction or work as indicated by each of the required inspections. There shall be a final inspection and approval on all buildings and structures. Sec. 7.01.190 Ins pections, Called For No reinforcing steel, or structural framework of any material, of any part of any building or structure, or plumbing, mechanical or electrical system shall be covered or concealed in any manner whatever without first obtaining the approval of the Building Official. The Building Official when notified by the permittee shall make the following inspections and shall either approve that portion of the construction as completed, or shall notify the permittee how construction fails to comply with this Code. -26- (a) Foundation Inspection: To be made after trenches are excavated and forms erected and when all materials for the foundation are delievered on the job. Where concrete from a central mixing plan (commonly termed "transit mixed ") is to be used, materials need not be on the job. (b) Underfloor Plumbing: To be made after plumbing is in place and prior to pouring slab if floor is concrete slab, or prior to installing subfloor if floor is of wood construction. (c) Rough Plumbing: To be made after roof, framing and bracing are in place. (d) Rough Wiring: To be made after roof, framing and bracing, and rough plumbing are in place. (e) Vents and Ducts: To be made after roof, framing and bracing, rough plumbing, electric wiring, vents, chimneys and combustion air and circulating air ducts are in place. (f) Frame Inspection: To be made after the roof, all framing, fire - blocking, and bracing are in place and all rough plumbing, rough wiring, chimneys, vents and ducts are complete. (g) Lath and Wallboard Inspection: To be made after all lathing and wallboard, interior and exterior, is in place, but before any plaster is applied or before wallboard joints and fasteners are taped and finished. (h) Final Inspection: To be made after building is completed and ready for occupancy. -27- Sec. 7.01.195 Inspections- Other In addition to the called inspections specified above, the Building Official may make or require any other inspections of any construction work to ascertain compliance with the provisions of this Code and all other laws and regulations. Sec. 7.01.200 Inspections - Special In addition to the inspections otherwise authorized by this Chapter, the owner is required to employ a special inspector who shall be present at all times during the following types of work. (1) Concrete: During the taking of test specimens and placing of all reinforced concrete and pneumatically- placed concrete. EXCEPTIONS: (a) Concrete for foundations conforming to minimum requirements of Table No. 29 -A and for Group R, Division 3 and Group M, Division 1 Occupancies provided the Building Official finds no special hazards exist. (b) For foundation concrete, when the structural design is based on an F' no greater than 2000 psi. (c) Nonstructural slabs on grade, including pre - stressed slabs on grade when effective prestress in concrete is less than 150 psi. (d) Site work concrete fully supported on earth and concrete where no special hazard exists. own (2) Ductile moment - resisting concrete frame, as required by Section 2626(h). (3) Reinforcing steel and pre - stressing steel: (a) During all stressing and grouting of pre - stressed concrete. (b) During placing of reinforcing steel, placing of tendons and pre- stressing steel for all concrete required to have special inspection by the provisions of subdivision (1) of this Section 7.01.200. EXCEPTION: The special inspector need not be present during entire reinforcing steel and pre - stressing steel placing operations, provided he has inspected for conformance with the approved plans prior to the closing of forms or the delivery of concrete to the job site. (4) Welding: (a) Ductile moment - resisting steel frames, as required by Section 2722(h). (b) All structural welding, including welding of reinforcing steel. EXCEPTIONS: 1. When welding is done in an approved fabricator's shop. 2. When approved by the Building Official, floor and roof deck welding and welded studs, when used for structural -29- diaphragm or composite systems may have periodic inspections as defined in Section 7.01.200(12e). For periodic inspection, the inspector shall check qualifications of welders at start of work and then make final inspection of all welds for compliance prior to completion of welding. (5) High - strength bolting: During all bolt installations and tightening operations. EXCEPTIONS: 1. The special inspector need not be present during the entire installation and tightening operation provided he has: (i) inspected the surfaces and bolt type for conformance to plans and specifications prior to start of bolting, and (ii)will upon completion of all bolting verify the minimum specified bolt tension for 10 per cent of the bolts for each type of connection, for a representative number of total connections established by the plans and specifications. 2. In bearing -type connections when threads are not required by design to be excluded from the shear plane, inspection prior to or during installation will not be required. 3. When bolting is done in an approved fabricator's shop. (6) Structural Masonry: During preparation of masonry wall prisms, sampling and placing of all masonry units, placement of -30- reinforcement, inspection of grout space immediately prior to closing of cleanouts, and during all grouting operations. Where the F' is less than 2600 psi and special inspection stresses are used, test specimens may consist of either one prism test for each 5000 square feet of wall area or a series of tests based on both grout and mortar for the first three consecutive days and each third day thereafter. EXCEPTION: Special inspection will not be required for structures designed in accordance with the values in appropriate tables for noncontinuous inspection. (7) Reinforced Gypsum Concrete: When cast -in -place Class "B" gypsum concrete is being mixed and placed. (8) Insulating concrete fill: During the application of insulating concrete fill when used as part of a structural system. EXCEPTION: The special inspection may be limited to an initial inspection to check the deck surface and placement of reinforcing. (9) Sprayed -on fireproofing. (10) Piling, drilled piers, and caissons: During driving and testing of piles and construction of cast -in -place drilled piles or caissons. See items 1 and 3 for concrete and reinforcing steel inspection. (11) Special grading, excavation and filling: During earthwork excavations, grading and filling operations inspection to satisfy requirements of Chapter 29 and Chapter 70 (Appendix). -31- (12) Special cases: Work which, in the opinion of the Building Official, involves unusual hazards. (a) (Omitted) (b) Special Inspector: The special inspector shall be a qualified person who shall demonstrate his competence to the satisfaction of the Building Official, to inspect the particular type of construction or operation requiring special inspection. (c) Duties and Responsibilities of the Special Inspector. 1. The special inspector shall observe the work assigned to be certain it conforms to the design drawings and specifications. 2. The special inspector shall furnish inspection reports to the Building Official, and to the engineer or architect of record, and to other persons designated by the Building Official. All discrepancies shall be brought to the immediate attention of the contractor for correction; then if uncorrected, to the engineer or architect and to the Building Official. 3. The special inspector shall submit a final report signed by him stating whether the work he was assigned to inspect was, to the best of his knowledge, performed in conformance with the approved plans and specifications and the provisions of this Code. -32- (d) Waiver of Special Inspection. The Building Official may waive requirement for the employment of a special inspector if he finds that the construction is of minor nature. (e) Periodic Special Inspection. Some inspections may be made on a scheduled periodic basis and satisfy the requirements of continuous inspection, provided such inspection is performed as shown in the approved plans and specifications. (f) Approved Fabricators. Special inspections required by this Code shall not be required where the work is done on the premises of a fabricator registered and approved by the Building Official to perform such work without special inspection. The certificate of registration shall be subject to revocation by the Building Official if he finds that any work is done in violation of this Code. For each project the approved fabricator shall make one or more Certificates of Compliance stating that all of his work was performed in accordance with the approved plans and specifications. Such certificates shall be submitted to the Building Official and to the engineer or architect of record. The approved fabricator's qualifications shall be contingent on compliance with the following: -33- (1) That the fabricator has developed and submitted a. detailed fabrication procedural manual reflecting key quality control procedures which will provide a basis for inspection control of workmanship and the fabricator plant. (2) Verification of the fabricator's quality control capabilities, plant and personnel as outlined in the fabrication procedural manual shall be by an approved inspection or quality control agency. (3) Periodic plant inspections shall be conducted by an approved inspection or quality control agency to monitor the effectiveness of the quality control program. (4) It shall be the responsibility of the inspection or quality control agency to notify the approving authority in writing of any change to the procedural manual. Any fabricator approval may be revoked for just cause. Reapprova.l of the fabricator shall be contingent on compliance with quality control procedures during the past year. Sec 7.01.205 Certificate of Occupa (a) No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. -34- (b) Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 502 of this Code. (c) Certificate Issued. After final inspection, when the building or structure complies with this Code, the Zoning Ordinance and all other ordinances, statues and regulations, and the Director of Public Works, Planning Director and Fire Chief have concurred in writing, the Building Official shall issue a Certificate of Occupancy. The certificate shall contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building complies with the requirements of this Code for group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the Building Official. (d) Temporary Certificate. A temporary Certificate of Occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. (e) Posting. The Certificate Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. -35- ARTICLE II. BUILDING CODE Sec. 7.02.010 Uniform Building Code Adoption The Uniform Building Code, 1976 Edition, with Appendix Chapters 13, 15, 35, 49, and 70 with modifications and omissions provided in sections 7.02.020 through 7.02.050 of this article, is adopted by reference. Sec. 7.02.015 Uniform Building Code Standards Adoption The Uniform Building Code Standards, 1976 Edition is adopted by reference. Sec. 7.02.020 Sections Deleted Each of the following sections of the 1976.Uniform Building Code is hereby deleted: 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 301, 302, 303, 304, 305, 306, 6003 and 6004, respectively. Sec. 7.02.025 Reference to Section Numbers Any reference in the Uniform Building Code, commencing with Chapter 4, to any of the sections deleted by section 7.02.020 now refers to the successor section in Article I, commencing with section 7.01.010 and ending 7.01.205. Sec. 7.02.030 Reinforcing Foundations Table 29 -A of the Uniform Building Code is amended by adding the following footnote: Bearing foundation walls shall be provided with a minimum of two, 1/2 inch diameter reinforcing steel rods. Placement shall be -36- one rod 3 inches from the bottom and one rod 3 inches from the top of the foundation. Two lower rods, each embedded in the foundation at least 15 feet of its length, shall be extended above grade to provide access for electrical ground connections. Sec. 7.02.035 Roof Drainage Subsection 3207(e) of the Uniform Building Code is amended to re ad: (e) Over Public Property Roof drainage water from a building shall not be permitted to flow over public property. EXCEPTIONS: 1. Group R -3 and M Occupancies. 2. Other occupancies where the drainage plan and method of drainage have been approved by the Director of Public Works. Sec. 7.02.040 Dry Standpipes Subsection 3803 (e) is added to the Uniform Building Code to read: (e) Limited Omission Separate standpipe may be omitted in buildings equipped throughout with an approved automatic sprinkler system; however, hose connections for.fire department use, as specified in section 3073, National Fire Protection Association Pamphlet No. 13, shall be provided in all required stair enclosures. The static pressure at hose connections shall not exceed 150 pounds per square inch. Section 7.02.045 Wet Standpipes Exception No. 1 in subsection 3804(b) of the Uniform Building Code is amended to read: M-VC f 1. Exception. Wet standpipes may be omitted in buildings equipped throughout with an automatic fire extinguishing system. However, in buildings less than 4 stories in height, 1 -1/2 inch National Standard thread,valved connections shall be provided so that all portions of the building are within 200 feet of the connections. Sec. 7.02.050 Sprinklers as Alternatives to Standpipes Subsection 3805(c) is added to the Uniform Building Code to read: Separate standpipes may be omitted in buildings equipped throughout with an approved automatic sprinkler system; however, hose connections for fire department use, as outlined in section 3073, NF.P.A.Pamphlet No. 13 shall be provided in all required stair enclosures. The static pressure at hose connections shall not exceed 150 pounds per square inch. ARTICLE III. HOUSING CODE Sec. 7.03.010 Adoption by Reference of the Uniform Housing Code The Uniform Housing Code, 1976 Edition, with omissions and modifications provided in 'sections 7.03.015 through 7.03.020 of this article is adopted by reference. Sec. 7.03.015 Sections Deleted Each of the following sections of the 1976 Uniform Housing Code is hereby deleted: 101, 102, 103, 201, 202, 203, 204, 301, 302, 310. Sec. 7.03.020 Reference to Section Numbers Any reference in that portion of the Uniform Housing Code which commences with Chapter 4 to any of the sections deleted by section 7.03.015 now refers to the successor section in Article I commencing with section 7.01.010 and ending with section 7.01.205. M= ARTICLE IV. PLUMBING CODE Sec. 7.04.010 Uniform Plumbing Code Adoption The Uniform Plumbing Code, 1976 Edition, with appendix Chapters.A, B, C, D, and with modifications and omissions provided in sections 7.04.015 through section 7.04.045 of this article, is adopted by reference. Sec. 7.04.015 Installation Standards The Uniform Plumbing Code Installation Standards, 1976 Edition, is adopted by reference. Sec. 7.04.020 Sections Deleted Part I of 1976 Plumbing Code is hereby deleted. Sec. 7.04.025 Plumbinq Code Reference Any reference in the Uniform Plumbing Code, commencing with Chapter 1, to any of the sections deleted by section 7.04.020 now refers to the successor section in Article I, commencing with section 7.01.010 and ending with section 7.01.205. Sec. 7.04.030 Drainage Below Curb and Main Sewer Level Subsection 409a of the Uniform Plumbing Code is amended to read: (a) Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or of which are located below the elevation of the nearest upstream public sewer structure capable of overflow and relief (i.e. manhole, 1z"Usa flushing inlet), shall drain by gravity into the main sewer and shall be protected from backflow of sewage by an approved backwater valve. Such backwater valve need be installed only in portions of the drainage system which receive: the discharge of fixtures located below the elevation of the curb or manhole. Sec. 7.04.035 Running Water Required Section 1001 of the Uniform Plumbing Code is amended to read: (a) Except where not deemed necessary by the .administrative .authority, each plumbing fixture shall be provided with an adequate supply of potable running water piped thereto in an approved manner, so arranged as to flush and keep it in a clean and sanitary condition without danger of backflow or cross - connection. (b) Water closets and urinals shall be flushed by means of an approved tank or flush meter valve. Tank type water closets installed in residential occupancies shall be approved fixtures which limit the average amount of water per flush to 3 ®1/2 gallons. EXCEPTION: Standard flush water closets may be .installed when in the opinion of the administrative authority the configuration of the drainage system requires greater quantity of water to adequately flush the system. (c) Sink faucets, tray faucets, and lavatory faucets shall be of a type, or shall be equipped with an aerator, which allows a flow of no more than 3 -1/2 gallons per minute. (d) Showers, including shower heads over bath tubs, installed in new residential construction shall be equipped with valves and /or -41- shower heads which allow a flow of no more than four (4) gallons per minute. ec. 7.04.040 Installation, Inspection and Testing Subsection 1008f is added to the Uniform Plumbing Code to read: Sec. 1008f Protection of Ferrous Pipe Ferrous water piping installed underground shall be protected from corrosion by approved coatings or wrapped materials and all such horizontal piping shall have at least twelve (12) inches of earth mover or equivalent protection; risers shall be protected in an approved manner to a point at least six (6) inches above grade. Sec. 7.04.045 Cleanouts Subsection 11078 is. added to the Uniform Plumbing Code to read: Sec. 11078 Cleanouts shall be provided at the intersection of the building sewer and the public sewer lateral. Such cleanout shall be extended to grade and shall be made accessible by yard boxes. EXCEPTION: Cleanouts at the intersection with the public sewer lateral may be omitted when the building sewer is 25 feet or less in length and has an exterior cleanout in accordance with section 1107a which is extended to grade and accessible by yard box. -42- ARTICLE V. ELECTRICAL CODE Sec 7.05.010 National Electric Code Adoption The National Electric Code, 1978 Edition, with modifications and omissions provided in sections 7.05.015 through 7.05.035 of this article, is adopted by reference. Sec. 7.05.015 Sections Dele Articles 550, 551, 810 and 820 of the National Electric Code are hereby deleted. Sec. 7.05.020 Grounding Electrode Section 250 -81 of the National Electric Code is amended by adding subsection (e) to read: (e) Where a concrete encased grounding electrode is installed as required by section 7.020.30, a supplementary grounding conductor shall be installed. Sec. 7.05.025 General Requirements Section 300 -1 of National Electric Code is amended by adding subsection (c) to read: (c) Buildings other than residential shall be wired in approved metallic raceway. For the purpose of this section, hotels and motels are considered commercial buildings. S ec. 7.05.030 Non -Metal Sheathed Cable Restrictions Section 336.3 of the National Electric Code is amended to read: 336 -3 Uses Permitted or N ot Permitted Type NM and Type NMC cables shall be permitted to be used in one and two- family dwellings, or multifamily dwellings not -43- exceeding three floors above grade. For the purpose of this article, the first floor of a building shall be that floor designed for human habitation which is level with or above finished grade of the exterior wall line of 50 per cent or more of its perimeter. Sec. ;2:05.035 Wiring Methods Section 5183 of the National Electric Code is amended by deleting Exception No. 1. .. ARTICLE VI. BUILDING RELOCATION CODE Sec. 7.06.010. Title This article is the Building Relocation Code of the Town of Los Gatos. Sec. 7.06.020. Permit Reg 4ir Exceptions It is unlawful for any person to move any building or structure on any parcel of land in the Town -- except a contractor's tool house, construction building or similar structure which is moved as construction work requires -- without first obtaining a permit and posting a bond as provided in this article. Sec. 7.06.030. Permit, Application, Fees An application for a permit shall be made in writing on the form provided by the Town. The application shall: (a) Be signed by the permittee, or his authorized agent (who may be required to submit evidence to prove his authority), (b) Be accompanied by plans, photographs or other substantiating data as reasonably may be required by the Building Official, and (c) Contain such information as reasonably may be required by the Building Official in order to carry out the purposes of this chapter. -45- IBM Sec. 7.06.040 Application, General Requirement The application, including the plans and other data filed with it, shall be checked by the Building Official. He is authorized to conduct any investigation in connection therewith that he determines is reasonably necessary. If when the Building Official has completed his investigation and has notified the applicant that a permit will issue, the applicant fails for a period of 60 days to post the bond and any other instrument required by this article, the application shall become void. Se c. 7. 06.050 . Permit, Issuance, Fees Subject to the requirements contained in this Chapter, if in the judgment of the Building Official the conditions of the building or structure can be effectively and practically repaired or restored to comply with this Code, he shall issue a permit to the owner of the property where the building or structure is to be located. A permit fee shall be paid at the time of issuance of the permit. The amount of the fee shall be fixed by resolution of the Town Council. Sec 7. Permit, When Issuance Prohibited The Building Official shall not issue a. permit for any building or structure: (a) Which does not or cannot be repaired or modified to comply with this Code, as it presently exists or hereafter may be amended. (b) Which is so constructed or in such condition as to be substandard building, -47- (c) Which is infested with pests or is unsanitary, (d) Which is so dilapidated, defective, unsightly, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the existing improvements on nearby property, (e) If the proposed use is prohibited by the Zoning Ordinance, (f) If the structure is of a type prohibited at the site of the proposed relocation by the Los Gatos Town Code, or any other statute or ordinance, or (g) If the structure or site has not received approval as prescribed in sections 5.20.020 through 5.20.050 of the Zoning Ordinance. The body granting such approval -shall first.c:onsider'. and determine that the proposed site and building are compatible in use, size and architecture with other buildings and structures in the area of the proposed relocation. Sec. 7.06.070 Permit, Conditions In connection with the issuance of any permit, the Building Official or the body granting architecture and site approval or both may attach to the permit such conditions which are necessary to assure compliance with the purposes of this chapter and the Zoning Ordinance, and to assure that the building or structure when relocated will be compatible with and not detrimental or injurious to the buildings or structures in the area of the proposed relocation. Such conditions may include, but are not limited to: (a) A limitation of the period of time required to complete the work of relocation, E• (b) Requirements for changes, alterations, additions or repairs, (c) The providing of all utility services by the time the building relocation is finished, (d) Provision for any improvement work or dedication provided for by the Zoning Ordinance, (e) The applicant's written agreement to indemnity the Town for any and all damages or injury to Town property incurred in the course of the moving, including but not limited to damage or injury to streets, thoroughfares, pavements, curbs, gutters, sidewalks, sewers, public lighting equipment and plants. Sec. 7.06.080 Permit, Bond Required As a condition precedent to the issuance of any building relocation permit, the applicant shall post a surety bond, the form of which is subject to approval by the Town Attorney, issued by a surety company conducting business in California. The penal sum of the bond shall be an amount equal to the estimated cost, plus ten per cent, of all the work required to perform the relocation to comply with all of the conditions of the permit. The cost estimate is made by the Building Official. The applicant, in lieu of posting a surety bond, may deposit with the Town an amount equal to the required bond amount, in cash. Sec. 7.06.090 Bond, Conditions A surety bond shall contain, and any deposit shall be subject to, the following conditions: .• (a) All work, including performance of conditions of the permit (except for performance of conditions such as street improve- ments when provision is made in a contract with the Town to do the work at a later time) shall be performed and completed within 120 days after the date of issuance of the permit. After that time, the permit expires. (b) The time limit and expiration date of the permit may be extended for good cause after written request*of both the principal and the surety. The request may be made either during or after the 120-day period. If the Building Official decides to grant the request he shall notify the principal and surety in writing stating the new deadline. He need not grant the request if the work is not being done continuously and diligently, or if reasonable progress has not been made. (c) The term of each bond shall begin on the date the bond instrument is delivered to the Town, and shall end upon the acceptance by the Building Official of performance of all the terms and conditions of the permit as satisfactory and complete. (d) The Building official, the surety and their representatives shall have access to the premises to inspect the progress of the work. (6) Upon default by the principal, the surety shall be required to complete the work and to perform all conditions of the permit. The principal shall give the surety right-of-entry onto the site for those purposes. -50- (f) In the event of any default in the performance of any term or condition of the permit, or failure to complete the work before the permit expires, the surety or any person employed or engaged on its behalf, or the Building Official, or any person employed or engaged on behalf of the Town may go on the premises to complete the required work or to remove or demolish the building or structure, and clear, clean and restore the site. Sec. 7.06.100 Bond, Default If the permittee as principal on the bond defaults in the performance of the conditions required by the permit, or fails to complete the work before the permit expires, the Building Official shall give notice in writing to the principal and the surety, stating the conditions which have not been complied with and the period of time deemed by him to be reasonably necessary for the completion of the work. After receipt of the surety, within the time therein specified, shall finish the work. When the principal has defaulted in any way, the surety, at its option, in lieu of completing the work required, may remove or demolish the building or structure and clear, clean and restore the site. Sec. 7.06.110 Bond Other Than Surety Bond, Default If a deposit has been made as provided in section 7.06.080, the Building Official shall give notice of default, as provided in section 7.06.100, to the permittee. If the permittee does not perform within the time specified in the notice, the Building Official shall -51- proceed without delay and without further notice or proceeding whatever to use the deposit, or any portion of the depos.i- - - necessary": to cause the required work to be done by contract or otherwise at his discretion, upon the completion of the work. The balance, if any, of the deposit, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten per cent of the cost, which is an amount to defray the Town's cost in enforcement and administration. Sec. 7.06.120 Bond Other than Surety Bond, Release When a deposit has been made as provided in section 7.06.080 and all requirements of the permit have been completed, the Building Official shall return the deposit to the depositor or to his successors or assigns, except any portion thereof that may have been used or deducted as provided in this section. Sec. 7.06.130 Interference with Demolition or Removal o f Building It is unlawful for any person to interfere with or obstruct the Building Official, any person engaged by the Town or any representative of any surety, engaged in inspection or in the work of completing, demolishing, or removing any building or structure for which a building relocation permit has been issued, after a default has occurred in timely completion of the work or in the performance of the other terms or conditions of the permit. -52- ARTICLE VII. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Sec. 7.07.010 Adoption The Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition with modifications and omissions provided in section 7.07.015 through section 7.07.020 of this article is adopted by reference. Sec. 7.07.015 Section Deleted Each of the following sections -of the Uniform Code for the Abatement of Dangerous Buildings is hereby deleted: 101, 102, 103, 201, 202, 203, 204, 205. Sec. 7.07.020 Re ference to Section Numbers Any reference in the Uniform Code for the Abatement of Dangerous Buildings to any of the sections deleted in section 7.07.015 of this article shall be deemed to refer to the appropriate section of Article I of this chapter, commencing with section 7.01.010 and ending with section 7.01.205. ISIS SECTION 4. Section 12 -13.1 (Ordinance No. 997 ) is deleted from the Town Code, but is not repealed. SECTION 5. Chapter 12 is added to the Los Gatos Town Code to read: ARTICLE I. GENERAL PROVISIONS Sec. 12.01.010 Inclusion in Central Fire District The Town of Los Gatos is included in C District. The Town's inclusion is provided of the Town. References in this chapter to to the fire chief mean the district and its Sec. 12.02.005 Fire Chief's Deputies The fire chief may deputize any member antral Fire Protection for in Ordinance No.997 the fire department and chief. of the fire department to perform any act which the chief is authorized by this chapter 12 to perform. The deputizing may be in express terms or may be implicit in an employee's job description or in an order, regulation, or practice of the chief or the department. Sec. 12.02.010 Plan Review The fire department is responsible to review all plans for construction of all buildings except the interior of dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, endanger Life from fire or any violation of the provisions or intent of this Code and any other ordinance affecting the fire hazard. -54- Sec. 12.02.015 Powers of Peace Officer - Citations (1) The officers of - the fire department have the powers of peace officers while engaged in the performance of their duties. (2) The fire department's officers may issue citations for violations of this Chapter. Sec. 12.02.020 Abatement of Hazard by Fire Chief (1) If any person fails to comply with the orders of the fire chief, or in the event the fire chief is unable to locate the responsible person within a reasonable time, the fire chief may take such steps to abate the fire hazard as are necessary for the protection of the public health and safety. In no event is notice necessary before abatement when thefire hazard constitutes a clear and present danger to the public welfare. (2) The cost of any such abatement is a debt to the Town of the owner of the premises or of any person who, by his act or inaction, caused the fire hazard. The cost of the abatement shall become a lien on the premises when the need for the abatement and the amount of the cost have been established in the manner provided in sections 7.07.010 through 7.07.020 of this code. Sec. 12.02.025 Fees for Checking, Inspection Services and Permits The Town Council may by resolution establish a schedule of fees to be charged and collected for checking and inspection services performed and for the issuance of permits. -55- Sec. 12.02.030 Building Inspection Division to Forward Plans The Building Official shall promptly send the fire chief one copy of any plans and specifications required to be reviewed by the fire chief. Sec. 12.02.035 Appeals The provisions of section 7.01.065 of this Code apply to the Uniform Fire Code, with the fire chief substituted for the Building official. Sec. 12.02.040 Fire Zone The entire Town is in Fire Zone 3. -56- ARTICLE III. FIRE PREVENTION ec. 12.03.010 Uniform Fire Code Adoption The Uniform Fire Code, 1976 Edition, with appendices, except Appendix H, with modifications and further omissions provided in sections 12.03.020 through 12.03.175, is adopted by reference. Sec. 12.03.020 Permits and Violations Subsection 1.301(c) is added to the Uniform Fire Code, to read: (c) It is unlawful for any person to conduct or maintain any business, occupancy or activity that requires a permit by the Fire Code, without first securing the proper permit from the fire chief. No person.shall continue to conduct or maintain any such business, occupancy or activity when such permit expires or becomes invalid for any reason. Sec. 12.03.025 Applications for Permits Section 1.302 of the Uniform Fire Code is amended to read: All applications for permits are made to the fire chief in such form and detail as he prescribes. Sec. 12.03.030 Prior Permits Section 1.309 is added to the Uniform Fire Code, to read: Permits issued by the fire marshal or fire chief prior to the adoption of the Fire Code to maintain and operate any occupancy or use in accordance with the provisions of any ordinance heretofore existing, shall remain in effect for not longer than one year after the date of adoption of this Chapter. Such permits shall thereafter be renewed as required in Section 1.301(b) of the Fire Code. -57- Sec. 12.03.035 Permits Required Section 1.301 is added to the Uniform Fire Code, to read: (a) A permit is required to install, alter or change, unless otherwise herein noted, any fire hydrant system, fire extinguishing system, fire alarm system, flammable liquid, hazardous chemical or compressed gas installation. (b) It is a misdemeanor to operate, maintain or use any institution until all state and local laws and regulations governing safety from fire and panic have been satisfactorily complied with and a permit from the fire chief has been obtained for that occupancy. (For the purpose of this section, the word institution includes, but is not limited to, hospital, children's home, institution, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, out -of -home placement facilities, halfway houses, and day care nurseries, or a similar facility of any capacity.) Sec. 12.03.040 Posting and Inspection Section 1.311 is added to the Uniform Fire Code, to read: (1) Every permit shall be conspicuously posted on the premises or shall be kept on file on the premises readily available for inspection. (2) No portion of any equipment or device whose function or installation is covered by the Fire Code intended to be covered by earth or enclosed within permanent portions of a building or IM: structure shall be covered or enclosed until it has been inspected and approved. Inspections shall be requested prior to covering or enclosing of any such equipment or device. Such request shall be made during fire department business hours, not less than 24 hours prior to the requested time for inspection, and in no case later than 4000 pm on the last working day in the fire department's business office prior to the requested day of inspection. Such equipment or device shall not be covered or enclosed until it has been inspected by the fire chief. (3) When the construction or installation work is completed and the appliance, device, equipment or system is ready for operation or use, a final inspection shall be requested. The request shall be made in the manner set forth above. No such appliance, device or equipment shall be used or operated until the installation has been approved by the authorized person making the final.inspection. No such appliance, device, equipment or system shall be used until final acceptance has been granted by the fire department. Sec. 12.03.045 Exposing Work for Inspection Section 1.312 is added to the Uniform Fire Code, to read; whenever any installation is covered or concealed without first having been inspected, the fire chief may require, by written notice, that such work shall be exposed for inspection. whenever any construction or ,installation work is being performed in violation of the plans and specificat:.i.ons as approved by the fire chief, a written notice shall be .issued to the responsible party to stop work on that -59- portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion until the violation has been corrected. Sec. 12.03.050 Sale or Delivery Without Permit Section 1.3.3 is added to the Uniform Fire Code, to read: No person shall sell, deliver or cause to be delivered, any commodity to any person not in possession of a, valid permit when such permit is required by the provisions of this Code. Sec. 12.03.055 Anhydrous Ammonia Section 8.116 is added to the Uniform Fire Code, to read: Anhydrous ammonia shall be stored and handled so as to be reasonably safe to persons and property. Evidence that anhydrous ammonia has been stored and handled in accordance with AN:S:I- X61.1, Safety Requirements for the Storage and Handling of Anhydrous Ammonia, 1966 edition, is evidence that such anhydrous ammonia is reasonably safe to persons and property. Sec. 12.03.060 Exits Subsection 10.103(f) is added to the Uniform Fire Code, to read: (f) Exits shall be provided in accordance with the provisions of the Building Code. Sec. 12.03.065 Illu mination of Exit Signs Subsection 10.113(c) of the Uniform Fire Code is amended to read: IN (c) Exit signs serving .rooms or areas in buildings with an occupant load of 100 or more persons shall be lighted with two electric lamps of not less than 15 watts each supplied by two separate sources. Sec. 12.03.070. Fireworks Section 12.102 of the Uniform Fire Code is amended to read: The manufacture, sale or discharge or possession of fireworks in the Town is prohibited. Sec. 12.03.075 Sections D Sections 12.103 and 12.104 are deleted from the Uniform Fire Code. Sec. 12.03.085 Water Supply Subsection 13.301(f) is added to the Uniform Fire Code, to read: (1) Where water supplies available for fire protection do not meet the above requirements, buildings equipped throughout with an approved automatic sprinkler system, or dwellings and any accessory buildings thereto located at least 20 feet from a property line, need not mandatorily comply with the provisions of this section. (2) Buildings over three stories or 35 feet high, or that require a fire flow in excess of 2,000 gallons per minute, shall be equipped throughout with an approved automatic sprinkler system. For the purpose of this subsection, dwellings with exterior walls protected in accordance with the provisions of the Building Code need not comply. WON Sec. 12.03.090 Final Inspection Subsection 13.301(g) is added to the Uniform Fire Code, to read: No final inspection of all or any portion of a development shall be deemed completed until the installation of the required facilities and accessways have been completed and approved. Sec. 12.03.09 Combustible Waste Storage Subsection 13.301(h) is added to the Uniform Fire Code to read: (h) Standard automatic sprinkler protection shall be provided in all rooms containing combustibel waste storage and above all combustible waste storage areas within 10 feet of a building or roof overhang in all occupancy groups except 1 and 2 family dwellings. Such sprinklers may be connected to the domestic water supply, provided the piping for domestic water supply and sprinkler piping is sufficient to supply the area, and is provided an approved accessible O.S. and Y type shutoff valve for each room or area. If there is no ceiling, a heat - baffle plate shall be provided not more than six inches above the sprinkler head. Sec. 12.03.100 Alarm Systems and Emergency Planner Section 13.307 of the Uniform Fire Code is amended to read: (a) General. All fire alarm systems shall be installed in accordance with the provisions of this article. (b) Fire alarm systems required. Manual or automatic fire alarm systems shall be installed in every building three or more stories in height. 91WM (c) Installation, inspection and maintenance of fire alarm systems shall be according to the standards of the National Fire Protection Association and standards set by the fire chief. (d) Fire alarm annunciator panels shall be provided at locations required by the fire chief. (e) Fire alarm systems shall be designed to warn all occupants of the building simultaneously. (f) Emergency pre -fire planning. The owner or person in control of the buildings covered by this section shall conduct periodically, training programs in first aid, the use of fire equipment and methods of evacuation. Procedures to be followed in the event of fire or other emergencies shall also be established, including, but not limited to: (1) Posting the telephone number of the fire department in a conspicuous and plainly visible location near the telephone. (2) Assignment of a responsible person to call the fire department upon notification of any fire or the activation of any fire alarm or sprinkler system for any reason. (3) Designation of area where occupants are to be located after evacuation of the building, ec. 12.03.105. Sprinkler Alarms Section 13.309.1 is added to the Uniform Fire Code, to read: When an approved automatic sprinkler system is installed in conjunction with a fire alarm system, the automatic sprinkler system shall be provided with a, water flow device which shall cause activation of the fire alarm signaling device, a MOM Sec. 12.03.110 Valve Supervisor Section 13.309.2 is added to the Uniform Fire Code, to read: An approved electrical supervisory switch shall be provided on each sprinkler control valve when a sprinkler system is installed in conjunction with a fire alarm system. Operation of the switch shall activate an approved signal and light. Sec. 12.03.115 Separate Dry Standp Subsection 13.310 (d) is added to.the Uniform Fire Code, to read: (d) Separate standpipes may be omitted in buildings equipped throughout with an approved automatic sprinkler system; however, hose connections for fire department use, as outlined in section 3073, National Fire Protection Association (hereinafter referred to as N.F.P.A.) Pamphlet No. 13, shall be provided in all required stair enclosures. The static pressure at hose connections shall not exceed 150 pounds per square inch. Sec. 13.03.120 Wet Standpipe General Exception 1 Subsection 13.311(a) of the Uniform Fire Code is amended to read: (a) (1) Wet standpipes are not required in buildings equipped throughout with an automatic fire - extinguishing system. However, in buildings less than four stories in height, one and one -half inch National Standard thread valved connections shall be provided so that all portions of the building are within 200 feet of the connections. ,. .Sec. 12.03.125 Separate Combination Standpipes Subsection 13.312(d) is added to the Uniform Fire Code, to read: (d) Separate standpipes may be omitted in buildings equipped throughout with an approved automatic sprinkler system; however, hose connections for fire department use, as outlined in section 3073, N.F.P.A. Pamphlet No. 13, shall be provided in all required stair enclosures. The static pressure at hose connections shall not exceed 150 pounds per square inch. Sec. 12.03.130 Basement Pipe Inlets Subsection 13.314(a) of the Uniform Fire Code is amended to read: (a) When required, basement pipe inlets shall be installed in the first floor of every store, warehouse or factory having cellars or basements, except where the cellar or basement is equipped with an automatic fire extinguishing system. Sec. 12.03.135 Combustible Liquids Subsection 15.201(a) of the Uniform Fire Code is amended to read: (a) Restricted Locations. The storage of flammable and combustible liquids in above ground tanks outside of building is prohibited within the mercantile and other congested districts. Sec. 12.03.140 Bulk Plants Section 15.601 of the Uniform Fire Code is amended to read: No new bulk plant shall be constructed within areas zoned solely for residential occupancies and for mercantile establishments primarily retail in character. 465- ec. 12.03.145. Combustible Waste Subsection 27.201(b) of the Uniform Fire Code is amended to read: (b) All combustible waste, rubbish, oily rags, or waste material, when kept within a building or adjacent to a building, shall be stored in approved containers or in rooms or vaults constructed of noncombustible materials. Sec. 12.03.150 Earthquake Barriers Section 27.207 is added to the Uniform Fire Code, to read: Shelves used for the storage of containers of flammable or combustible liquids, corrosive or reactive materials shall be provided with approved earthquake barriers. Sec. 12.03.155 Dumping. No person shall place, deposit or dump any ashes or combustible waste material in or upon any lands not approved for such use. Sec. 12.03.160 Welding or Cutting Section 31.101.1 is added to the Uniform Fire Code, to read: A permit is equired for each person performing welding or cutting operations. Sec. 12.03.165 Fire Break Plantings Subsection 16(c) is added to Appendix E of the Uniform Fire Code, to read: (c) When brush or vegetative growth is removed and cleared away to provide a firebreak as required in this section, suitable growth which will not form a means of rapidly transmitting fire shall .. be planted in a manner that will reduce soil erosion. Sec. 12.03.170 Roof Covering Section 24 of Appendix E is added to the Uniform Fire Code regarding roof coverings, to read: Roof coverings on all buildings shall be fire - retardant, or any class C prepared or built -up roofing, or cedar or redwood shakes and shingles constructed in accordance with the requirements of Uniform Building Code Standard No. 32 -14 for special purpose roofs. EXCEPTION: Existing Buildings. Sec. 12.03.175 Dwelling Occupancies Subsection 13.208(a) (EXCEPTION) of the Uniform Fire Code is amended to read: (a) EXCEPTION. When there are not more than two Group R, Division 3 or M Occupancies as defined by the Building Code, the requirement of this Section may be modified when, in the opinion of the Chief, fire - fighting or reserve operations would not be impaired. SECTION 6. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on /L���� f� /9 19 -67- and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on April 2, 19 79 AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualtier_ i, John B. Lochner NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Non ABSENT: COUNCIL MEMBERS peter W. Siemens SIGNED M or of the Town of Los Gatos ATTEST: �e� f da5� Clerk olE the Town of Los GAtos mum