Loading...
HomeMy WebLinkAbout3.1ITEM 3.1 DATE: February 6, 2014 TO: Honorable Chair and Members of the Commission FROM: Steve Padovan, Consultant Planner RE: 2013 California Building Standards Code Update and Amendments At the January 9, 2014 public hearing, the Planning Commission reviewed a draft ordinance to adopt the 2013 California Building Standards Code Update with local proposed amendments along with a reorganization of Title VIII of the Los Altos Hills Municipal Code. The Planning Commission provided staff with several recommended changes/corrections and then voted 4-1 to forward a recommendation to the City Council to adopt the ordinance. At- the hearing, questions were raised related to the Fire Code amendments and the existing Wildland-Urban Interface Fire Area maps adopted by the State of California Department of Forestry and Fire Protection (CalFire). In order to provide the Commission with some information and/or clarification. on the amendments and fire maps, staff asked John Justice, -Deputy Chief/Fire Prevention .Officer with the Santa Clara County Fire Department to be present at the meeting. Deputy Chief Justice has agreed to attend and will be available to provide background information and answers to the Commissions questions. Staff has also provided for reference an updated version of the ordinance which includes the corrections recommended by the Planning Commission. Attachment F'A ORDINANCE NO. AN ORDINANCE OF . THE TOWN OF LOS ALTOS HILLS REPEALING CHAPTERS 1 THROUGH 9 OF TITLE VIII OF THE LOS .ALTOS HILLS MUNICIPAL CODE AND ADDING CHAPTER 1, . "CALIFORNIA ADMINISTRATIVE CODE," CHAPTER 1.1 "CALIFORNIA BUILDING CODE (VOLUMES 1&2)," CHAPTER 1.2 "CALIFORNIA .. RESIDENTIAL CODE," CHAPTER 1.3, "CALIFORNIA ELECTRICAL CODE," CHAPTER 1.4 "CALIFORNIA. MECHANICAL CODE," CHAPTER 1.5 "CALIFORNIA PLUMBING CODE," CHAPTER 1.6 "CALIFORNIA ENERGY CODE," CHAPTER 1.7 "CALIFORNIA HISTORICAL BUILDING CODE," CHAPTER 1.8. "CALIFORNIX. FIRE CODE," CHAPTER 1.9 t "CALIFORNIA EXISTING BUILDING CODE," CHAPTER 1.10 "CALIFORNIA GREEN .-.BUILDING STANDARDS CODE," CHAPTER 1.11 "CALIFORNIA -REFERENCED STANDARDS. CODE," CHAPTER 2 "SAFETY ASSESSMENT PLACARDS," CHAPTER 3 -"MOVING OF BUILDINGS," CHAPTER'4 "GREEN -BUILDING REGULATIONS," CHAPTER 5 . `BUILDING - .-CONSTRUCTION STANDARDS," CHAPTER 6 "SIGNS AND ADVERTISING. STRUCTURES," CHAPTER 7 `BUILDING CONSTRUCTION AND STRUCTURAL ADDITION CHARGE," AND CHAPTER 8, "CODE ADMINISTRATION AND ENFORCEMENT" TO TITLE VIII OF THE LOS ALTOS HILLS MUNICIPAL CODE; WHICH ADOPTS AND AMENDS BY REFERENCE' PROVISIONS OF THE 2013 CALIFORNIA, BUILDING STANDARDS- CODE AND LOCAL AMENDMENTS AND THE REORGANIZATION OF EXISTING STATUTES WHEREAS, the 2013 Edition of the California Building Standards Code, has been amended and adopted by the California Building Standards Commission; and WHEREAS, the Town of Los Altos Hills ("Town") wishes to adopt building code regulations in accordance with law and to use the most updated regulations in the processing of development in the Town; and WHEREAS, Government Code § 50022.2 authorizes, cities -to enact ordinances adopting any code by reference; and WHEREAS, because of the Town's unique climatic, topographic and geologic conditions, the Town desires to make amendments and additions -to the 2013 ' Edition of the California Building Standards Code, as set forth herein; and WHEREAS, pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the Town of Los Altos Hills hereby finds that the amendments adopted herein are reasonably necessary because of the following local climatic, -topographic and geologic conditions: F 1. The Town of Los Altos Hills experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush and structure fires. 2. The remoteness and steepness of hillside areas in the Town significantly impacts the ability of emergency responders to extinguish or control wildland or structure fires. These factors cumulatively mandate special, provisions for Fire Department access, fire protection water supplies, automatic fire sprinklers and fire retardant roof coverings. 3. The Town of Los Altos Hills is geographically situated adjacent to active earthquake faults capable of producing substantial seismic events. Since the Town is divided by a freeway and other major traffic corridors, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more bridges collapse or be substantially damaged. 4. Fire suppression capabilities will be severely limited should the water system be extensively damaged during the seismic event. 5. Roofs that are not fire -retardant contribute to the. spread of fires, and therefore pose a risk to the safety of the Town's citizens and their property. WHEREAS, prior to the effective date of this ordinance, the City Clerk shall file a copy of the ordinance, with the California Building Standards Commission. WHEREAS, in accordance with Health and Safety Code section 17958.7, the City Council hereby finds that each of the above findings is applicable to each of the modifications to the 2013 Edition of the California Building Standards Code described in this ordinance; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: 1. Chapter 1 of Title VIII of the Los Altos Hills Municipal Code, `Building Code" is hereby repealed in its entirety. 2. Chapter 1, "California Administrative Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1 CALIFORNIA ADMINISTRATIVE CODE 8-1.01 Adoption of the 2013 California Administrative Code. a) The 2013 California Administrative Code, Part 1, a portion of the California Building Standards Code, Title 24 of the California Code of Regulations, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as ►N the "Administrative Code"), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Administrative Code shall be kept on file at the City of Los Altos Hills. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: Chapter 1. 1, "California Building Code (Volumes 1 & 2)" is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.1 CALIFORNIA BUILDING CODE (Volumes 1 & 2) 8-1.1.01 Adoption of 2013 California Building Code (Volumes 1 & 2). a) The 2013 California Building Code, Part 2, Volumes 1 and 2, a portion of the California. Building Standards Code, Title 24 of the California Code of Regulations, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafterreferred.to as the `Building Code"), including Appendix G -Flood -Resistant Construction, Appendix H -Signs, Appendix I -Patio Covers, and Appendix J -Grading and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Building Code shall be kept on file at the. City of Los Altos Hills. 8-1.1.02 Amended sections of adopted codes. Notwithstanding the provisions of Section 8-1.1.01, the Building Code is amended as follows: A. Section 710A.3.2 is deleted in its entirety. B. Section 710A.4 is amended as follows: Delete the phrase "When required by the enforcing agency" C. Section 1505.1.3 is amended to read as follows: 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where three hundred (300) square feet or 50 percent or more of the total roof area, whichever is less, 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. D. Section 1505.1.4.1 is added to read as follows: _.._................................----.................... ... .............. .... ... .................... .3. r 1505.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where three hundred (300) square feet or 50 percent of the total roof area, whichever is less, 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. E. Sections 3405.6, 3405.6.1, 3405.6.2 and 3405.6.3 are added to read as follows: 3405.6 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California Building Code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Chapter A of the 2012 International Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.1.3 3405.6.1 Compliance with CBC level seismic forces. Where compliance with the seismic design provisions of the California Building Code is required, the procedures shall be in accordance with one of the following: (1) One -hundred percent of the values in the California Building Code. Where the existing seismic force -resisting system is a type that can be designated as "Ordinary," the values of R, SZo, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall -be those specified for structural systems classified as "Ordinary" in accordance with Table 12.2-1 of ASCE 7, unless it is demonstrated that the structural system will provide performance equivalent to that of a "Detailed," "Intermediate" or "Special" system. (2) Compliance with ASCE 41 using both BSE -1 and BSE -2 earthquake hazard levels and the corresponding performance levels in Table 3405.6.1. TABLE 3405.6.1 PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES OCCUPANCY CATEGORY (BASED ON CBC TABLE 1604.5) PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE -1 EARTHQUAKE HAZARD LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE -2 EARTHQUAKE HAZARD LEVEL I Life Safety (LS) Collapse Prevention (CP) II Life Safety (LS) Collapse Prevention (CP) III Note (a) Note (a) IV Immediate Occupancy (IO) Immediate Occupancy (IO) __.................................--..... ..... _ __....__.._...... _. _... 4 (a) Acceptance criteria for Occupancy Category III shall. be taken as 80 percent of the acceptance criteria specified for Occupancy Category II performance levels, but need not be less than the acceptance criteria specified for Occupancy Category IV performance levels. 3405.6.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced California Building Code seismic force levels, the procedures used shall be in accordance with one of the following: (1) The California Building Code using 75 percent of the prescribed forces. Values of R, f2o, and Cd used for analysis shall be as specified in Section 3405.6..1 Item 1. (2) Structures or portions of structures that comply with the :requirements of the applicable chapter in Chapter A of the 2012 International Existing Building Code as specified in Items (a) through (e) below shall be deemed to comply with this section. (a) The seismic evaluation and design of unreinforced masonry .bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter Al. (b) Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter A2. (c) Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light -frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter A3. (d) Seismic evaluation and design of soft, weak, or open -front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based. on the procedures specified in Chapter A4. (e) Seismic evaluation and design of concrete buildings in all Occupancy Categories are permitted to be based on the procedures specified in Chapter. A5. (3) Compliance with ASCE 31 based on the applicable performance level as shown in Table 3405.6.2. It shall be permitted to use the BSE -1 earthquake hazard level as defined in ASCE 41 and subject to the limitations in item 4 below. 5 (4) Compliance with ASCE 41 using the BSE -1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3405.6.2. The design spectral response acceleration parameters Sxs and Sxl specified in ASCE 41shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SDI as defined by the California Building Code and its reference standards. TABLE 3405.6.2 PERFORMANCE CRITERIA FOR REDUCED CBC LEVEL SEISMIC FORCES OCCUPANCY CATEGORY (BASED ON CBC TABLE 1604.5) PERFORMANCE LEVEL FOR USE WITH ASCE 31 BSE -1 EARTHQUAKE HAZARD LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE -2 EARTHQUAKE HAZARD LEVEL I Life Safety (LS) Life Safety (LS) II Life Safety (LS) Life Safety (LS) III Note (a), Note (b) Note (a) IV Immediate Occupancy (IO) Immediate Occupancy (IO) (a) Acceptance criteria for Occupancy Category III shall be taken as 80 percent of the acceptance criteria specified for Occupancy Category II performance levels, but need not be less than the acceptance criteria specified for Occupancy Category IV performance levels. (b) For Occupancy Category III, the ASCE screening phase checklists shall be based on the life safety performance level. 3405.6.3 Referenced Standards. Standard Referenced in code Reference Number Title Section Number ASCE 31-03 Seismic Evaluation of Existing Buildings 3405.6.1, TABLE 3405.6.1 3405.2.4.2, TABLE 3405.6.2 ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3405.6.1, Including TABLE 3405.6.1 Supplement No. 1 3405.6.2, TABLE 3405.6.2 NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: 1. Chapter 1.20f Title VIII of the Los Altos Hills Municipal Code, "Residential Code" is hereby repealed in its entirety. 2. Chapter 1.2, "California Residential Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.2 CALIFORNIA RESIDENTIAL CODE 8-1.2.01 Adoption of 2013 California Residential Code. a) The 2013 California Residential Code, Part 2.5, Title ' 24 of the California Code of Regulations, a portion of the California. Building Standards Code, as defined in the California State Health and Safety Code Section -18901 et seq., :(hereinafter referred to as the "Residential Code"), including Appendix E -Manufactured Housing Used as Dwellings, Appendix G -Swimming Pools, Spas and Hot Tubs, Appendix H -Patio Covers, and Appendix J -Existing Buildings and Structures and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Residential Code shall be kept on file at the City of Los Altos Hills. 8-1.2.02 Amended sections of adopted codes. Notwithstanding the provisions of Section 8-1.2.01, the. Residential Code is amended as follows: A. Section R313.1 is amended to read: R313.1 Townhouse automatic fire- sprinkler systems. An automatic residential fire sprinkler, system shall be installed in all new townhouses and in existing townhouses when additions are made that increase the building area to more than 3,600 square feet. Exception: One or more additions made to. a building after January 1, 2011 that do not total more than 1000 square feet of building area. B. Section R313.2 is amended to read: 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) 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. Exception: One or more additions made to a building after January 1, 201,1 that do not total more than 1,000 square feet of building area. (2) In all new basements and in existing basements that are expanded. Exception: Existing basements that are expanded by not more than 50%. C. Section R327.7.8 Underside of appendages, is amended as follows: Delete the phrase "When required by the enforcing agency" D. Section R327.10.3.2 is deleted in its entirety. E. Section R327.10.4 is amended as follows: Delete the phrase "When required by the enforcing agency" F. Section R902.1.3 is amended to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where three hundred (300) square feet or 50 percent of the total roof area, whichever is less, 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. G. Section R902.1.4.1 is added to read as follows: R902.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where three hundred (300) square feet or 50 percent of the total roof area, whichever is less, 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. . NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.3 of Title VIII of the Los Altos Hills Municipal Code, "Green Building Regulations" is hereby repealed in its entirety. 2. Chapter 1.3, "California Electrical Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.3 CALIFORNIA ELECTRICAL CODE 8-1.4.01 Adoption of 2013 California Electrical Code. _... __....._ _ ._....... _... __._. ......._. ......... .... ......... . 8 a) The 2013 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the "Electrical Code"), and any rules and regulations promulgated pursuant thereto are . hereby adopted and incorporated by reference herein. b) One copy of the Electrical Code shall be kept on file at the City of Los Altos Hills. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.4 of Title VIII of the Los Altos Hills Municipal Code, "California Green Building Standards Code (CalGreen)," is hereby repealed in its entirety. 2. Chapter 1.4, "California Mechanical Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.4 CALIFORNIA MECHANICAL CODE 8-1.4.01 Adoption of 2013 California Mechanical Code. (a) The 2013 California Mechanical Code, Part 4, Title 24 of the California Code. of Regulations, a portion of the California Building Standards. Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the "Mechanical Code'), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. (b) One copy of the Mechanical Code shall be kept on file at the City of Los Altos Hills. 8-1.4.02 Amended sections of adopted code. Notwithstanding the provisions of Section 8-1.4.01, the Mechanical Code is amended as follows: A. Section 312.1 is amended to read: 312.1 Condensate Disposal. Condensate from air washers, air-cooling coils, fuel - burning condensation appliances, and the overflow from evaporative coolers and similar water -supplied equipment or similar air-conditioning equipment not intended to be used for the storage or holding of food or .drinks shall be collected and discharged to an approved plumbing fixture, disposal area, storm sewer or other approved points of disposal acceptable to the Building Official. Where discharged into the drainage system, equipment shall drain by means of an indirect waste pipe. Termination of such drains shall be made by an air -break. The waste pipe shall have a slope of not less than 1/8 inch per foot or 1 percent slope and shall be of approved corrosion -resistant material not smaller than the outlet size in accordance with either Section 312.3 or Section 312.4 for air-cooling coils or condensing fuel -burning appliances,. respectively. Condensate drain lines in sizes. l 1/ inches and larger shall be assembled.using approved drainage pipe and fittings. Condensate waste water shall not drain over or upon a public way, sidewalk, pedestrian ramp or the like. Condensate. drains with terminations within the interior of a building shall not be connected to the building roof drain or overflow piping systems. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: L Chapter 1.5 of Title VIII of the Los Altos Hills Municipal Code, "Housing Code," is hereby repealed in its entirety. 2. Chapter 1.5, "California Plumbing Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.5 CALIFORNIA PLUMBING CODE 8-1.5.01 Adoption of 2013 California Plumbing Code. a) The 2013 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the "Plumbing Code"), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Plumbing Code shall be kept on file at the City of Los Altos Hills. 8-1.5.02 Amended sections of adopted code. Notwithstanding the provisions of Section 8-1.5.01, the Plumbing Code is amended as follows: A. Section 719.1 is amended to read: 719.1 Locations. Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade. Additional building sewer cleanouts shall be installed at intervals not to exceed 100 feet in straight runs, for each aggregate horizontal change in direction exceeding 135 degrees, and at the property line where the private sewer system connects to the publically- maintained sanitary sewer lateral. All such cleanouts shall be extended to grade with materials and according to specifications approved by the sewer agency and shall terminate with a concrete box. -- _._.... ... _.... -- ---- ------- ....... ................. ..._.......... ...... -.... ... -...... __............... --__...._.__.___....._._..__.._._.... ............. _... ... .... .............. _.. 10 NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.6, "Energy Code," is hereby added to Title VIII of the -Los Altos Hills Municipal Code to read as follows: . Chapter 1.6 CALIFORNIA ENERGY CODE 8-1.6.01 Adoption of 2013 California Energy Code. a) The 2013 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards. Code, as defined. in the California State Health and Safety Code Section 18901 et seq., (hereinafter -referred to as the "Energy Code"), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Energy Code shall be kept on file at the City of Los Altos Hills. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.7 of Title VIII of the Los Altos Hills Municipal Code,, "Energy Code," is hereby repealed in its entirety. 2. Chapter 1.7, "California Historical Building Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.7 CALIFORNIA HISTORICAL BUILDING CODE 8-1.7.01 Adoption of California Historical Building Code. (a) The 2013 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the "Historical Building Code"), and any rules and regulations promulgated' pursuant thereto are hereby adopted and incorporated by reference herein. (b) One copy of the Historic Building Code shall be kept on file at the City of Los Altos Hills. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 11 Chapter 1.8 of Title VIII of the Los Altos Hills Municipal Code, "Safety Assessment Placards," is hereby repealed in its entirety. 2. Chapter 1.8, "California Fire Code," is hereby added to -Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.8 CALIFORNIA FIRE CODE 8-1.8.01 Adoption. of 2013 California Fire Code. a) The 2013 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereafter, the Fire Code or CFC), and also the 2012 International Fire Code, published by the International Code .Council, including Appendix B, Appendix C and Appendix K (hereinafter referred to as the "Fire Code") and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Fire Code shall be kept on file at the City of Los Altos Hills. 8-1.8.02 Amended sections of adopted code. Notwithstanding the provisions of Section 8-1.8.01, the following sections of Fire Code are amended as follows: A. Section 105.6.48 is added to read as follows: 105.6.48 Day Care Facility. An operational permit is required to operate a business as a day care facility for more than 6 people. B. Section 105.6.49 is added to read as follows: 105.6.49 Institutional. A permit is required to operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institution 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. C. Section 106.5 is added to read as follows: 106.5 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. D. Section 108.1 is amended to read as follows: 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created aboard of appeals. The board of appeals as it appears in this code shall be deemed and construed to mean the City Council of the Town of Los Altos Hills. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conductingits business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. E. Section 108.3, Qualifications, is deleted in its entirety. F. Section 109.4 is amended to read as follows: 109.4 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 code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of the Los Altos Hills Municipal Code. G. Section 109.4.1 is amended to read as follows: 109.4:1 Abatement of Violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. If any person fails to comply with the order of the fire code official, or in the event that the fire code official is unable to locate the responsible person within a reasonable time, the fire code official may take such steps to abate a fire hazard or health hazard as are- necessary for the protection of the public health and safety. In no event is notice necessary before abatement when the fire hazard constitutes a clear and present danger to the public welfare. The cost of any such abatement is a debt to the Town, of the owner of the premises or who, by his or her 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. H. Section 202 is amended by adding or amending the following definitions: Administrator means the City Manager of the Town of Los Altos Hills or his or her designated representative. 13 Chief or Fire Chief or fire code official means the Fire Chief retained by the Los Altos Hills County Fire District or designated representative. Chief of Police means the Sheriff of the County of Santa Clara. with whom the Town contracts for police services, or his or her designated representative. Corporation Counsel means the City Attorney for the Town: Fire Department means the Fire Department retained by the Los Altos Hills County Fire District. Jurisdiction means the Town of Los Altos Hills. Police Department means the Sheriffs Department of the County of Santa Clara with whom the Town contracts for police service. Wildland-Urban Interface Fire Area means a geographical area identified by the state as a Fire Hazard Severity Zone in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other. areas designated by the enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable referenced sections of the Government Code and the Public Resources Code: The Wildland-Urban Interface Fire Area shall be defined as all areas within the Town of Los Altos Hills as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. The map properly attested, shall be on file in the Office of the City Clerk of the Town of Los Altos Hills. I. Chapter 4 of the 2012 International Fire Code is not adopted. J. Section 503.1 is amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.2 and as per Fire Department access road Standards. K. Section 503.2.1 is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4,115 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. ... _.._.._.. _. _._ ....... 14......_ _ ..____..._. ........ . . ....... ... L. Section 806.1.1 is amended to read as follows: 806.1.1 Display inside buildings. The display of Christmas trees and other decorative vegetation shall be in accordance. with the California Code of Regulations, Title 19, Division 1, §3.08 and Sections 806:1 through 806.5. [Exceptions unchanged] M. Section 903.2 is amended to read as follows: 903.2 Where Required. Approved automatic sprinkler systems in new and existing buildings and structures shall.be provided in the locations described in this section or in Sections 903.2.1 though 903.2.18 whichever is more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. . (1) In other -than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an 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 iii. Structure is open on three (3) or more sides 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 all existing buildings and structures, when additions are made that increase the building area to more than 3,600 square feet. 15 Exception: One of more additions made to a building after January 1, 2011 that do not total more.than 1,000 square feet of building area. N. Section 903.3.1.1 is amended to read as follows: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1.1. (1) For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher density, the sprinkler system*shall be augmented to meet the higher density. O. Section 912.2 is amended to read as follows: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the building for other fire apparatus. The location of fire department connections shall be approved by the fire code official. P. Section 4902.1 is amended to read 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 4201 through 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 Altos Hills as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. The map properly attested, shall be on file in the Office of the City Clerk of.the Town of Los Altos Hills. Q. Section 4906.2 is amended to read as follows: 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: (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 . _... .. ..... _ fi.. --- - ...._..... .... _ ......... _ -- .._---_ .. .. _ _ . _ (2) Land designated as a Very -High Fire Hazard Severity Zone or as a Wildland Urban Interface Fire Area by the Town of Los Altos Hills. R..Section:4907.1 is amended to read as follows: 4907.1. General. Defensible space will be maintained around all buildings and structures in State Responsibility Areas (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. Defensible space shall also be provided around water tank structures, water supply pumps and pump houses. Persons owning, leasing, controlling, operating or maintaining buildings or structures in the locally adopted Wildlaind-UrbanInterface 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. (4) Maintain trees adjacent to or overhanging a building free of deadwood. 17 (5) Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. (6) Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks/containers. (7) 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. (8) Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways to of non -fire -resistive vegetation growth. 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. S. Section 4907.2 is added to read 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 condition exists. T. Section 4908 is added to read as follows: SECTION 4908 FIRE PROTECTION PLAN 4908.1 General. When required by the 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. 4908.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant. ._. _ . ........... _........... ........ ... -..._._.._ _... ....... _ ... _._ . _. _...... -- . _ ._._......... . 18 4908.4 Plan Retention. The fire protection plan shall be .retained by the fire code official. U. Section 4909 is added to read as follows: SECTION 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 Sections 4909.2 - and 4910.3. 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: Stationary water supply facilities within the Wildland-Urban Interface Fire Area dependent on electrical power to meet adequate water supply demands shall provide standby power systems in accordance with the Electrical Code to ensure that an uninterrupted water supply is maintained. The standby power source shall be capable of providing power for a minimum of two hours. . Exceptions: (1) When approved by the code official, a standby power supply is not required where the primary power service 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. V. Section 4910 is added to read as follows: SECTION 4910 IGNITION SOURCE CONTROL 4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire Area. W. Section 5601 is amended to read as follows: 5601.1 Scope. For explosives requirements see California Code of Regulations, Title 19, Division 1, Chapter 10 and section 5601.2 of this chapter. For fireworks requirements see California Code of Regulations, Title 19, Division 1, Chapter 6 and section 5601.3 of this chapter. For small arms ammunition, see Section 5601.5 of this chapter. Exceptions: (1) The Armed Forces of the United States, Coast Guard or National Guard. (2) Explosives in forms prescribed by the official United States Pharmacopoeia. ...............--- 19 . .19 (3) The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. (4) Items preempted by federal regulations. 5601.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives are prohibited. 5601.3 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, handling and use of fireworks and pyrotechnic special effects outside of buildings when used for public or proximate audience displays, motion picture, television, .theatrical and group entertainment productions and when in accordance with Title 19 of the California Code of Regulations. 2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings when used for proximate audience displays or special effects in theatrical, television, motion picture and group entertainment productions when in accordance with Title 19 of the California Code of Regulations and when in buildings equipped throughout with an approved fire sprinkler system. 5601.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance with Title 19 of the California Code of Regulations and as approved by the Fire Code Official. 5601.5 Small Arms Ammunition - General. Indoor storage and display of black powder, smokeless propellants and small arms ammunition shall comply with Sections 5601.5.1 through 5601.5.2.3. 5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping containers conforming to DOTn 49 CFR, Part 113. 5601.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black powder and small arms primers shall not be performed in retail establishments. 5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged. Exception: Approved repackaging of damaged containers of smokeless propellant into containers of the same type and size as the original container. 5601.5.2 Storage in Group R occupancies. The storage of small arms ammunition in Group R occupancies shall comply with Sections 5601.5.2.1 through 5601.5.2.3. 5601.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in 20 .....--- . _ ......_ _.. Group R-3 occupancies where kept in original containers. Smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3 occupancies where kept in a wooden box or cabinet having walls of at. least 1 inch (25 mm) nominal thickness. . 5601.5.2.2 Black powder. Black powder intended for personal use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept in original containers and stored in a wooden box or cabinet having walls of at least 1 inch (25 mm) nominal thickness. 5601.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be stored in Group R-3 occupancies. X. Section 5704.2.9.6.1 is amended to read 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 prohibited (see Section 3. of the Sample Legislation for Adoption of the California Fire Code on page xxvi). The limits referred to above, in which the storage of flammable or combustible liquids in above -ground tanks is prohibited, are hereby established as all locations within the Town of Los Altos Hills. Y. Section 5706.2.4.4 is amended to read 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 (see Section 3 of the Sample Legislation for Adoption of the California Fire Code on page xxvi). The limits referred to above, in which the storage of flammable or combustible liquids in above -ground tanks is prohibited, are hereby established as all locations within the Town of Los Altos Hills. Z. Section 5806.2 is amended to read 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 (see Section 3 of the Sample Legislation for Adoption of the California Fire Code on page xxi). The limits referred to above, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as all locations within the Town of Los Altos Hills. AA. Section 6104.2 is amended to read as follows: 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not 21 exceed a water capacity of 2,000 gallons (7,570 liters) (see Section 3 of .the Sample Legislation for Adoption of the California Fire Code on page v). The limits referred to above, in which the storage of liquefied petroleum gas is restricted, are hereby established as all locations within the Town of Los Altos Hills. NOW, THEREFORE, the City Council of .the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.9, "California Existing Building Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.9 CALIFORNIA EXISTING BUILDING CODE 8-1.9.01 Adoption of 2013 California Existing Building Code. a) 'The 2013 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section. 18901 et seq., (hereinafter referred to as the "Existing Building Code"), and any rules and regulations promulgated pursuant thereto are hereby adopted 'and incorporated by reference herein. b) One copy of the Existing Building Code shall be kept on file at the City of Los Altos Hills. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.10, "California Green Building Standards Code," is hereby added to Title VIII . of the Los Altos Hills Municipal Code to read as follows: Chapter 1.10 CALIFORNIA GREEN BUILDING STANDARDS CODE 8-1.10.01 Adoption of 2013 California Green Building Standards Code. a) The 2013 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as "CALGreen Code"), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the CALGreen Code shall be.kept on file at the City of Los Altos Hills. ........... ...... _....... ...... ......... __.... 22 NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 1.11, "California Referenced Standards Code," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.11 CALIFORNIAREFERENCED STANDARDS CODE 8-1.11.01 Adoption of 2013 California Referenced Standards Code. a) The 2013 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations, a portion of the. California Building Standards Code, as defined in the California State Health and. Safety Code Section 18901 et seq., (hereinafter referred.to as "Referenced Standards Code"), -and any rules- and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Referenced Standards Code shall be kept on file at the City of Los Altos Hills. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 2 of Title VIII of the Los Altos Hills Municipal Code, "Electrical Code," is hereby.repealed in its entirety. 2. Chapter 2, "Safety Assessment Placards," is hereby'added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 2 SAFETY ASSESSMENT PLACARDS 8-2.01 Intent. This chapter establishes standard placards to be used to -indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. 8-2.02 Application of Provisions. The provisions of this chapter are applicable to all buildings'and structures of all occupancies regulated by the Town. The City Council may extend the provisions as necessary. 8-2.03 Definitions. --- ... .. ........... . -- .._...— ------ ._.._..._--.._........ _-_...._...............___.........____._._._.__....._........_..._..._....-..._..._._ .__ ....._ . 23 Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 8.2.04 Placards. (a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. (1) INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has .been found. This placard is not intended to mean that there is no damage to the building or structure. (2) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (3) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or .structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at ' any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (b) This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. (c) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 3 of Title VIII of the Los Altos Hills Municipal Code, "Plumbing Code," is hereby repealed in its entirety. 2. Chapter 3, "Moving of Buildings," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 3 MOVING OF BUILDINGS 24 8-3.01 Definitions. For the purposes. of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Building. A structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for any purpose whatever..A structure containing an enclosed area of less than forty (40) square feet shall not be deemed a building within the meaning of this definition. Person. Any person, firm, partnership, association, corporation, company, organization, or entity of any kind. (§ 1, Ord. 92) 8-3.02 Prohibited. Except as otherwise provided in Section 8-3.03 of this chapter, no person shall move any building over, along, across, or upon any street, alley, or highway in the Town. (§ II, Ord. 92) 8-3.03 Prohibited—Exceptions. (a) Permits Required. A permit for the moving of a building upon the streets, alleys, or highways of the Town may be granted in the event both the Planning Commission and the Council find that there are special circumstances existing in connection with the moving of a particular building, that the granting of such permit would be in the best interests of the applicant and the residents of the Town, and that such issuance would involve no unreasonable risk to the public health, safety, and welfare of the residents of the Town. (b) Permits Applications. The procedure for the application for such permit and for consideration thereof shall be as set forth in Article 9 of Chapter 5 of Title 9 of this Code relating to zoning variances. (c) Permits—Issuance. No permit shall be issued unless the Planning Commission and the Council find that the applicable conditions set forth in said Article 9 exist. The' Planning Commission and the Council shall consider such matters as they deem relevant to each such application and shall impose any and all conditions deemed necessary as conditions precedent to the granting of any permit applied for pursuant to the provisions of this section. (§ III, Ord. 92) 8-3.04 Nuisances. Any building_ placed or moved in violation of the provisions of this chapter is hereby declared to be a nuisance and shall be subject to abatement as such. (§ VI, Ord. 92) ....... .... ..-------------- ---............ _..._._...._._._.... _ .......25. __-___-- _.._....._......._............... .._..._...._._..........._.._.... .... .... __...... ...... NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 4 of Title VIII of the Los Altos Hills Municipal Code, "Mechanical Code," is hereby repealed in its entirety. 2. Chapter 4, "Green Building Regulations," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 4 GREEN.BUILDING REGULATIONS 8-4.01 Purpose. The intent of the Los Altos Hills green building program is to enhance public health and welfare by establishing green building standards for the design, construction, and maintenance of buildings. The green building practices referenced in this chapter are intended to achieve the following goals: (a) To encourage the conservation of natural resources; (b) To reduce waste in landfills generated by construction projects; (c) To increase energy efficiency and lower energy usage in buildings; (d) To promote a healthier indoor environment; (e) To provide durable buildings that are efficient and economical to operate, and maintain. 8-4.02 Applicability. The provisions of this chapter shall apply to new Town -owned public facilities and new residential primary dwellings and secondary dwellings, where proposed as part of a primary dwelling. 8-4.03 Definitions. For purposes of this chapter, the following definitions shall apply: Green building. A whole systems approach to the design, construction, location and operation of buildings and structures that helps to mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices recognize the relationship between the natural and built environments and seek to minimize the use of energy, water, and other natural resources and promote a healthy, productive indoor environment. GreenPoint Rated (GPR). The residential green building rating system developed by Build It Green. ......... ..__ __.. _...------...._... ... .-._............ 26 _ GreenPoint Rated verification. Verification of a project by a certified GreenPoint Rater to meet the standards of the GreenPoint Rated program and resulting in certification by Build It Green. GreenPoints. Credits assigned under the GreenPoint Rated Checklist for applicable projects. LEED®. The "Leadership in Energy and Environmental. Design" green building rating system developed by the U.S. Green Building Council (USGBC). LEED® USGBC verification. Verification of a project by a LEED accredited professional to meet the .standards of the U.S. Green Building Council (USGBC) and resulting in LEED certification by USGBC). Primary dwelling. A -building designated and/or customarily used as a residence by not more than one family and situated on'a parcel or lot on which no other.primary dwelling is located. Public facilities. Town -owned facilities and buildings. Secondary dwelling. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. A secondary dwelling shall include facilities for living, sleeping, eating, cooking and sanitation and be located on the same parcel under the same ownership as a primary dwelling. 8-4.04 Standards for compliance. All applicable projects shall demonstrate compliance with the following level of green building standards: (a) New Primary Dwellings and Secondary Dwellings, Where Proposed as Part of the Primary Dwelling. (1) Site Development Review. The applicant shall submit one of the following checklists: (i) A GreenPoint Rated checklist with the site development application to indicate that the project will achieve a minimum of fifty (50) points. A completed GreenPoint checklist shall be attached to the front of the site development plans submitted to the Planning Department for review. (ii) A LEED® for Homes checklist with the site development application to indicate that the project will achieve a minimum of forty-five (45) points or LEED® certification. A. completed LEED® checklist shall be attached to the front of the site development plans submitted to the Planning Department for review. (2) Building Plan Review. The applicant shall submit one of the following checklists: 27 (i) A GreenPoint Rated checklist with the building. permit application to indicate that the project will achieve a minimum of fifty (50) points. The checklist shall be completed by a qualified green building professional and shall be attached to the front of the construction plans. The construction plans shall. include. general notes or individual detail drawings, where feasible, showing the green building measure to be used to attain the required points. (ii) A LEEDS for Homes checklist with the building permit application to indicate that the project will achieve a minimum of forty-five (45) points or LEEDS certification. The checklist shall be completed by'a qualified green building professional and shall be attached to the front of the construction plans. The construction plans shall include general. notes or individual detail drawings, where feasible, showing the green building measure to be used to attain the required points. (3) Final Inspection and Occupancy. Prior to final inspection and occupancy for applicable projects, a qualified green building professional shall provide documentation verifying that the building was constructed in compliance with GreenPoint Rated or LEEDS certification. (b) New Town -owned Public Facilities. (1) Construction for all new Town -owned facilities and buildings over one thousand. (1,000) square feet in size shall meet or exceed LEEDS certification. (2). Prior to issuance of building permits, the Town shall verify that the project has been designed to meet LEEDS certification. (3) Prior to final inspection, the Town shall verify that the project was constructed in compliance with LEEDS certification. 8-4.05 Incentives for applicable projects. Applicable projects that exceed the minimum point thresholds required under Section 8-1.3.04 shall qualify for the following incentives: (a) Expedited Permit Processing. For projects GreenPoint rated at seventy-five (75) points or higher or LEEDS rated at sixty (60) points or higher (LEEDS Silver), the project shall qualify for expedited building plan review. Plan check comments on the first round of building permit applications will be provided within five (5) days of permit submittal. (b) Guaranteed Building Inspections. For projects GreenPoint rated one hundred (100) points or higher or .LEED® rated at seventy-five (75) points or higher (LEEDS Gold), the project shall qualify for guaranteed building inspections within two (2) working days of a request for inspection. 28 (c) Special Recognition by the City Council. For projects GreenPoint rated at one hundred.. fifty (150) points or higher or LEEDS rated at ninety (90) points or higher (LEEDS Platinum), the homeowner shall receive a customized plaque recognizing the special achievement. 8-4.06 Incentives for additions and remodels. Residential addition and remodeling projects voluntarily participating in Build It Green's GreenPoint Rated Existing Home Rating Program shall qualify for the following incentives: (a) Expedited Permit Processing. For projects that achieve the GreenPoint Elements rating (twenty-five (25) points minimum), the project shall qualify for expedited building plan review. Plan check comments on the first round of building permit applications will be provided within five (5) days of permit submittal. (b) Guaranteed Building Inspections. For projects that achieve the GreenPoint Whole House rating (fifty (50) points minimum), the project shall qualify for guaranteed building inspections within two (2) working days of a request for inspection. 8-4.07 Administration and enforcement. The Building Official of the Town of Los Altos Hills shall be responsible for the administration and enforcement of the provisions of this chapter. 84.08 Exceptions. The Building Official shall have the discretion to grant exceptions to the strict application of this chapter in cases where due to conditions or exceptional characteristics of the structure or property involved, a literal enforcement of the provisions of this chapter would result in practical difficulties or unnecessary hardships; provided, however, no such exceptions shall be granted unless the Building Official shall find that the granting of such exception will not be contrary to the intent of the provisions of this chapter. 8-4.09 Appeal. Any decision or. determination by the Building Official under this chapter may be appealed by the applicant or any interested person to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof, in accordance with the provisions of Section 1-4.01 (Rights to appeal) of the Los Altos Hills Municipal Code. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as- follows: Chapter 5 of Title VIII of the Los Altos Hills Municipal Code, "Moving of Buildings," is hereby repealed in its entirety. ... .........._.... .._ 29 2. Chapter 5, `Building Construction Standards," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 5 BUILDING CONSTRUCTION STANDARDS 8-5.01 Underground Installations: Electrical and Telephone Service Lead -In. Every electrical and telephone and other utility service lead-in constructed or placed pursuant to this chapter shall be constructed and placed underground so that no portion thereof shall remain aboveground at any place between the street or easement line supply and the structure which such lead-in serves. No new utility pole or overhead line shall be installed, except for repair or maintenance purposes. This provision applies only to utility work necessitated by applicants for building permits. NOW,. THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: Chapter 6 of Title VIII of the Los Altos Hills Municipal Code, "Signs and Advertising Structures," is retained in its entirety and reads as follows: Chapter 6 SIGNS AND ADVERTISING STRUCTURES 8-6.01 Definitions. For. the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Advertising display means and includes signs and . advertising structures, and combinations thereof, as such terms are defined in this section. Except as otherwise provided in this section, advertising structure means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any sign, poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary. Freeway means a highway in respect to which the owners of abutting lands have no right or easement of access, or in respect to which such owners have only limited or restricted right or easement of access, and which freeway is declared to be such in compliance with the provisions of the Streets and Highways Code of the State. Landscaped freeway means a section or sections of a freeway which is or hereafter may be either designated as a landscaped freeway by the Division of Highways of the State or improved by the planting, on at least one side of the freeway right-of-way, of lawns, trees, ... ...._...... _...... ....... ...... ............... ... ____..._.._...._.._. 30 shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance. To place and any of its variants, as applied to advertising displays; means and includes the maintaining and erecting, constructing, posting, painting, printing, tacking, nailing, gluing, stitching, . carving, or otherwise fastening, affixing, or making visible any advertising display on or to the ground or to any tree, bush, rock, fence, post, wall, building, structure, or thing. Except as. otherwise provided in this section; sign means any card, cloth, metal, painted, or wooden sign of any character, billboard, poster, pennant, flag, or sample placed . for advertising purposes on the, ground or on any tree, wall, bush, rock, fence, building; structure, or thing, either publicly or privately owned, other than an advertising structure. Advertising structure and sign, as defined in this section, shall not include the following: (1) Official notices issued by any court or public body or officer, (2) _ Notices posted by any public officer in the performance of a public duty or by any person in giving any legal notice; (3) Directional, warning, or information signs or structures required or authorized by law or by -any competent governmental authority; and (4) Any display, for other than advertising purposes, of the flag of the United States or of the State. 8-6.02 Prohibited. Except as otherwise provided in Section 8-6.03 of this chapter, no advertising display shall be placed or maintained on property within the Town. 8-6.03 Prohibited­---m-Exceptions. (a) There shall be excepted from the provisions of Section 8-6.02 of this chapter advertising displays used exclusively for any of the following purposes, or any combination thereof: (1) To advertise the sale or lease of the property upon which such advertising display is placed; (2) To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises; and (3) To advertise services rendered or goods manufactured, produced, or grown on the property upon which such advertising display is placed. ...... _..... ..... _...... ...._... -_._.........................._...._..._._.......__....___........._.._..._......_......_...3.i. ..._ _.._.__........._._...__._.._._..... _... ....._...._..............._......._.......__......... ..__ .........._.__._.._....._ (b) There shall also be excepted from the provisions of Section 8-6.02 of this chapter directional advertising displays indicating the location of improved or unimproved parcels of land for sale that are- having an "open house." These displays must be temporary in that they are not fixed in the ground or on any plant or structure. They may be put up no earlier than one hour before the beginning of the "open house" and taken down no later than one hour after the "open house" is concluded; provided that, in no event, may any sign be left up overnight. (c) There shall also be excepted from the provisions of Section 8=6.02 of this chapter temporary signs or banners for public events, charitable functions and noncommercial purposes. Applications for a temporary sign or banner permit shall be made in writing to the City Manager or designee and shall include a site plan, drawing or photograph of the sign, sign dimensions, materials and colors. No filing fee shall be required. 8-6.04 Excepted advertising displays—Conformance with applicable laws—Area. Every advertising display placed or maintained pursuant to the provisions of Section 8-6.03 of this chapter shall conform to all the applicable building regulations and shall not have a total area of more than six (6) square feet. 8-6.05 Excepted signs=Placement and maintenance—Permission required. No card, cloth, metal, painted, or wooden sign of any character, billboard, poster, pennant, flag, or sample bearing letters, writing, figures, or characters of any nature, conveying a message or idea, which display is not otherwise permitted by the provisions of this chapter, shall be placed or maintained at any place within the Town without. permission therefor having previously been granted by the Council upon such terms and conditions as the Council deems necessary. 8-6.06 Unlawful displays—Removal—Costs.—Liability. The Building Inspector and his or her agents are hereby empowered to remove or destroy any advertising display which is in violation of any of the provisions of this chapter. The person placing such advertising display shall be liable, in addition to any criminal penalties, for the costs of such removal or destruction. The Building Inspector and his or her agents may enter upon private property without incurring. any liability therefor for the purposes of removing or destroying any advertising display placed in violation of the provisions of this chapter. -8-6.07 Posting election signs. An election sign may be erected without a permit in conformity. with this section. (a) Public Property. No election sign shall be erected: (1) Within five (5) feet of the paved or otherwise improved portion of any public street, pathway or any other public way. ....... _. ............ .._._ ................ ... ...... ......... .. _ . . _ _ .._....... .._.._._.._ 32 (2) On any other public property in any residential zone, including, but not limited to any public parking lot, fence, post, tree, utility guy line or any other public place. (3) On any fire hydrant. (4) On any City sign, including, but not limited to, traffic signs. (5) On any utility pole. (6) On any City equipment, street light pole, traffic signal pole, or traffic signal controller. (7) On any City building, tree or shrub. (8) Within five (5) feet of the paved or otherwise improved portion of any other public way, or any place where a sign would obstruct a motorist's line of sight. (b) Private Property. An election sign may be erected on private property only if the owner or all the occupants consent to having the election sign erected. (c) Sign Restrictions. An election sign may be erected only in accordance with the following restrictions: (1) Illumination. No election sign may be illuminated in any manner. (2) Wall Sign. A wall sign shall not have a total area of more than six (6) square feet. (3) Freestanding or Suspended Signs. A freestanding or suspended sign shall not have an area exceeding six (6) square feet and shall not be more than three (3) feet in height. (d) Duration and Removal. An election sign shall be completely removed no later than six (6) days following the date of the election. Each election sign shall be removed by the person who erected it or by the owner of the property upon which the sign is erected. 8-6.08 Violation and enforcement. (a) Any person violating any of the provisions of Section 8-6.07 is guilty of an infraction. Any person convicted of an infraction under the provisions of. Section 8-6.07 shall be punishable for a first conviction by a fine of not more than fifty dollars ($50.00), for a second conviction within a period of one year by a fine of not more than one hundred dollars ($100.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars ($250.00). (b) In addition, election signs erected in violation of any provision of Section 8-6.07 may be removed and disposed of by the Building Official or his or her designee. 33 NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 7 of Title VIII of the Los Altos Hills Municipal Code, "Building Construction and Structural Addition Charge," is amended to read as follows: Chapter 7 BUILDING CONSTRUCTION AND STRUCTURAL ADDITION CHARGES 8-7.01 Charge. . There is imposed upon the construction of any new dwelling, or structural additions to any dwelling or other building, charges in accordance with the schedule established by resolution. 8-7.02 In addition to other charges. The charges imposed by this chapter are in addition to any other charges, fees and taxes imposed by any other provision of the Municipal Code, any regulation, resolution or ordinance of the City, and any rule, regulation or statute of the State or of the United States. 8-7.03 When due. Any charge imposed by this chapter shall be due and payable to the City at the time that any building, housing, mechanical, electrical, plumbing or other permit issuable under the provisions of this title issues, or should be issued. 8-7.04 Deposits for final inspections. For each permit issued for projects with a construction valuation in excess of one thousand dollars ($1,000.00), a deposit, as established by resolution of the City Council, shall be submitted. at the time of permit issuance, to be refunded not later than thirty (30) days after final project inspection by the Building Official. If an issued permit expires and is not renewed within six (6) months after expiration, the deposit shall be forfeited to the Town. 8-7.05 Drainage fees. For the purpose of providing fees for planned drainage facilities as a condition precedent to the issuance of any building permit for the construction of any structure upon any property, the applicant shall pay to the Town a fee, to be determined pursuant to a resolution adopted by the Council, per square foot for the total square footage of all roofed and paved areas required for the completion of the structure or development covered by the building permit. All monies received by the Town pursuant to the provisions of this section shall be paid into the Drainage Fund established by the provisions of Article 4 of Chapter 3 of Title 3 of this Code. _....._...._._.. -._.. - ........ .... _....__......_.-- --......__.._.....34.._. ... ... ................... NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 8 of Title VIII of the Los Altos Hills Municipal Code, "Fire Code," is hereby repealed in its entirety. 2. Chapter 8, "Code Administration and Enforcement," is hereby added to Title VIII of the Los Altos. Hills Municipal Code to read as follows: Chapter 8 CODE ADMINISTRATION AND ENFORCEMENT 8-8.01 Administration and enforcement. The Building Official of the Town of Los Altos Hills shall be responsible for administration and enforcement of the provisions of Chapters 8-1.1 (Building Code), 8-1.2 (Residential Code),. 8-1.3 (Electrical Code), 8-1.4 (Mechanical Code); 8-1.5 (Plumbing Code), 8-1.6 (Energy Code), 8-1.7 (Historical Building Code), 8-1.9 (Existing Building Code), 8-1.10 (CalGreen) and 8-1.11 (Referenced Standards Code). The Los Altos County Fire Protection District shall be responsible for the administration and enforcement of the provisions of Chapter 8-1.8 (Fire Code). 8-8.02 Permit required. (a) It .is unlawful for any person, firm or corporation whether as owner, lessee, sublessee, or occupant to erect,install, alter, repair, replace, convert, demolish, equip, use, occupy or maintain any building or structure, or any. electrical, mechanical, plumbing or fire protection element of such building or structure without first obtaining a permit to do such work from the Town of Los Altos Hills, in accordance with the provisions of this title. (b) A separate permit shall be obtained for each building or structure. (c) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this title. The issuance or granting of a permit or approval shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this title -or of any other development ordinance of the Town. Similarly, the issuance or granting of a permit or approval shall not prevent the Building Official from revoking any permit approval when issued in error. 8-8.03 Fees. Each applicant for a permit required pursuant to the provisions of .this title, shall pay for each permit, at the time of issuance, a fee which shall be set by resolution of the City Council. 8-8.04 Liability. 35 The provisions of this title shall not be construed as imposing upon the Town any liability or responsibility for damages resulting from defective buildings or construction work; nor shall the Town, or any official or employee thereof, be held to assume any such liability or responsibility by reason of the inspections authorized. by. the provisions of said Building Code and this title. 8-8.05.Violations and penalties. Any person, firm or corporation violating any provision of this title or of code provisions adopted by reference within this title, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable asset forth in Chapter 2 of Title 1 of the Municipal Code. 8-8.06 Public nuisances. The erection, construction, installation, enlargement, alteration, repair, movement, improvement, removal, conversion, demolition, equipping, use, occupancy, or maintenance of any building or structure or of any electrical, mechanical, plumbing or fire protection element of such building or structure within the Town of Los Altos Hills contrary to any of the provisions of this title or of code provisions adopted by reference within this title, shall constitute a public nuisance and shall. be subject to abatement as set forth in Chapter 5 of Title 6 of the Municipal. Code. 8-8.07 Expired permits. Where a permit has been issued but then expires, no new permit shall be issued for the same site until the expired permit is renewed and a progress inspection is made by the Building Official, with final inspection. approval if the project is complete; provided, however, that if ownership of the property has changed, a new permit may be issued. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Chapter 9 of Title VIII of the Los Altos Hills Municipal Code, "Code Administration and Enforcement," is hereby repealed in its entirety. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, .paragraph, sentence, clause, or phrase hereof ... ...... .... ..... .... .__._ _.._. _ _... .... ... ..._.... __..__ ._ _.......... - - _.._ ...... ..... .._ ..... __ ........ --- - ._....... . 36 irrespective of Ahe fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 2. Publication and Posting. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Council's designee. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall.(1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. 3. Effective Date. This ordinance shall become effective thirty (30) days from. and after its adoption, or on , 2014 whichever date is later. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: BY: Mayor F., VH City Clerk APPROVED AS TO FORM: City Attorney 37