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HomeMy WebLinkAbout270N W ORDINANCE NO. 270 AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 1 OF TITLE 8 TO ADOPT BY REFERENCE THE 1979 EDITION OF THE UNIFORM BUILDING CODE, INCLUDING THE APPENDIX THERETO, AND THE UNIFORM BUILDING CODE STANDARDS, 1979 EDITION; AMENDING CHAPTER 1.1 TO ADOPT BY REFERENCE THE UNIFORM HOUSING CODE, 1979 EDITION; AMENDING CHAPTER 2 OF TITLE 8 TO ADOPT BY REFERENCE THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE; AND AMENDING CHAPTER 3 OF TITLE 8 TO ADOPT BY REFERENCE THE UNIFORM PLUMBING CODE, 1979 EDITION, RESPECTIVELY, OF THE LOS ALTOS HILLS MUNICIPAL CODE WHEREAS, Section 17958 of the Health and Safety Code of California requires every city and county to adopt certain uniform regulations; and WHEREAS, Section 17958.5 of the Health and Safety Code of California permits a city or county to make changes or modifications in such uniform regulations as it deems necessary, provided that the city or county makes express findings pursuant to Section 17958.7 that such changes are needed, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN as follows: SECTION 1. Section 8-1.01 of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code is hereby amended to read as follows: Section 8-1.01. ADOPTION OF UNIFORM BUILDING CODE, 1979 EDITION. The Code of rules, regulations and standards printed in two volumes and published by the International Conference of Building Officials Under the title "Uniform Building Code, 1979 Edition," including the appendix thereto desig- nated as "Primary Code" and the "Uniform Building Code W "o Standards, 1979 Edition," designated as "Secondary Code," hereinafter collectively called the "Building Code," regulating the erection, construction, enlargement, alter- ation, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the City of the Town of Los Altos Hills, and providing for the issuance of permits and the collection of fees therefor, defining terms, providing penalties for its violation, and re- pealing conflicting ordinances, printed in book form and filed in the Office of the City Clerk of the City of the Town of Los Altos Hills on July 1, 1981, IS HEREBY ADOPTED, and by reference incorporated in this Section as if fully set forth, except as hereinafter otherwise provided, as the Building Code of the City of the Town of Los Altos Hills and as and for the rules, regulations and standards within this City, as to all matters therein contained, except as herein otherwise provided in this Chapter. The mandatory requirements of the Appendix to the Building Code shall be enforce- able to the same extent as if contained in the body of the Building Code. Three copies of the Building Code shall, at all times, be kept on file in the Office of the City Clerk. SECTION 2. The following changes, modifications, amendments and additions to the "Uniform Building Code, 1979 Edition," are adopted because of local conditions or because said Code conflicts -2- with the Building Code of the City of the Town of Los Altos Hills in effect as of the effective date of Section 17958.7 0£ the Health and Safety Code. SECTION 3. Section 8-1.02 of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code is hereby amended to read as follows: Section 8-1.02. DELETIONS. There is hereby deleted from the Building Code Section 204. SECTION 4. Section 8-1.02(1) of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code is hereby amended to read as follows: Section 8-1.02(1). AMENDMENT OF SECTION 205. Section 205 of the Building Code is hereby amended to read as follows: Section 205. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or de- molish, equip, use, occupy or maintain any building or structure in the City of the Town of Los Altos Hills, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. SECTION 5. Section 8-1.03 of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code is hereby amended to read as follows: Section 8-1.03. AMENDMENT OF SECTION 303. Subsection (a) of Section 303 is hereby amended to read as follows: -3- %00 W Section 303. FEES. (a) Building Permit Fees. A fee for each building permit shall be paid to the Building Official, and the amount of said fee shall be comprised of the following: 1. The amount set forth in Table No. 3-A, but not less than Twenty - Five Dollars ($25.00); plus 2. An amount equal to Sixty -Five Dollars ($65.00) for each new bed- room to be constructed under the permit. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. Where work for which a permit is required by this Code is started without obtaining such permit, the fee for such permit there- after granted shall be ten (10) times the normal fee for such permit; provided, however, such increased fee may be waived by specific action of the Council in any case in which it is deemed that such increased fee would be a special hardship and that the work was commenced without intent to evade the provisions of this Code. The payment of any such increased fee shall not relieve -4- %W 140 any person from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed for violations of the provisions of this Code. SECTION 6. Section 8-1.03(1) of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code be and it is hereby repealed. SECTION 7. Section 17958 of the Health and Safety Code re- quires that the local governing body adopt regulations which impose the same requirements as those contained in the regulations adopted by the Commission of Housing and Community Development pursuant to Section 17922 of the Health and Safety Code. The following requirements are included because the Commission of Housing and Community Development adopted them as amendments to the Building Code. They are applicable to the City because they relate to uses permitted under the Zoning Law of the City. SECTION 8. Section 8-1.03(2) of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code hereby is renumbered as Section 8-1.03(1) and is amended to read as follows: Section 8-1.03(1). BUILDING STANDARDS. See Sections B1807 and B1907, Part 2, Title 24, California Administrative Code, for special require- ments in buildings over 75'-0" in height. See also, requirements contained in Sections B1313, B1314, B1315, B1316, B1317, B1318, B1414, B1415, B1417, B1418 and B1750, Part 2, Title 24, California Administrative Code. -5- %W Vo Building Standards: Pursuant to the Building Standards Law, building regulations may also be found in Part 6, Title 24, Division T25, California Administrative Code. SECTION 9. Section 8-1.03(3) of Chapter 1 of Title 6 of the Los Altos Hills Municipal Code hereby is renumbered as Section 8-1.03(2) and is amended to read as follows: Section 8-1.03(2). HANDRAILS. Notwithstanding the provisions of Section 3305(j) of the Uniform Building Code, handrails need not be provided on stairways thirty (30) inches or less in height which serve one individual dwelling unit. SECTION 10. Section 8-1.50 of Chapter 1.5 0£ Title 6 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-1.50. ADOPTION OF UNIFORM HOUSING CODE. The Code of rules and regulations known and de- signated as the Uniform Housing Code, 1979 Edition, in this Chapter called the "Housing Code," requiring a permit and inspection for the construction, altera- tion or repair of buildings used for human habitation; defining terms; establishing minimum requirements for the occupancy, construction, alteration or repair of such buildings and the inspection thereof; and re- pealing conflicting ordinances, printed in book form and filed in the Office of the City Clerk of the City of the Town of Los Altos Hills on the 1st day of tor d July, 1981, IS HEREBY ADOPTED, and by reference incorporated in this Chapter as if fully set forth, except as otherwise provided in this Chapter, as the Housing Code of the City of the Town of Los Altos Hills. Three copies of the Housing Code shall, at all times, be kept on file in the Office of the City Clerk. SECTION 11. Section 8-1.51 of Chapter 1.5 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-1.51. DELETIONS. There is hereby deleted from the Housing Code Section 203 and Chapter 13, and wherever the terms "Board of Appeals" or "Housing Advisory and Appeals Board" are used or appear in the Housino Code each such term shall be deemed and construed to mean the City Council of the City of the Town of Los Altos Hills. SECTION 12. Section 8-1.52 of Chapter 1.5 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-1.52. AMENDMENT TO SECTION 204. Section 204 of the Housing Code is hereby amended to read as follows: Section 204. VIOLATIONS. It shall be unlawful for any person, firm or corporation whether as owner, lessee, sublessee, or occupant to erect, construct, -7- (r J enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City of the Town of Los Altos Hills, or cause the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. SECTION 13. Section 8-2.01 of Chapter 2 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows Section 8-2.01. ADOPTION OF NATIONAL ELECTRICAL CODE. The Code of rules, regulations and standards known and designated as the National Electrical Code, 1981 Edition, published by the National Fire Protection Association, in this Chapter called the "Electrical Code," regulating electric conductors and equipment installed within or on public and private buildings and other premises, the conductors connecting the installations to a supply of electricity, and other outside conductors adjacent to the premises within the City of the Town of Los Altos Hills, printed in book form and filed in the Office of the City Clerk of the City of the Town of Los Altos Hills on the 1st day of July, 1981, IS HEREBY ADOPTED, and by reference incorporated in this Section as if fully set forth, except as hereinafter otherwise provided in this Chapter, as the Electrical Code of the City of the Town of Los Altos Hills, and as and for the SL %W ri rules, regulations and standards within this City, as to all matter therein contained, except as otherwise provided in this Chapter. Three copies of the Electrical Code shall, at all times, be kept on file in the Office of the City Clerk. SECTION 14. Section 17958 of the Health and Safety Code requires that the local governing body adopt regulations which impose the same requirements as those contained in the regula- tions adopted by the Commission of Housing and Community Develop- ment pursuant to Section 17922 of the Health and Safety Code. The following requirements are included because the Commission of Housing and Community Development adopted them as amendments to the Building Code. They are applicable to the City because they relate to uses permitted under the Zoning Law of the City. SECTION 15. Section 8-2.03(1) of Chapter 2 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-2.03(1). DEFINITIONS. Wherever "dwelling unit," "multifamily dwelling," "one -family dwelling" and "two-family dwelling" are defined or used in the National Electrical Code, they shall be construed to apply only for purposes of electrical installations and not as to occupancy classifications as set forth in the Uniform Building Code, 1979 Edition. SECTION 16. Section 8-2.03(2) of Chapter 2 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: SL to Section 8-2.03(2). GROUND FAULT CIRCUIT INTERRUPTERS. Subdivision 210-8(a)(1) of the National Electrical Code is amended to read: (1) All 120 -volt, single phase, 15- and 20 - ampere receptacles installed in bathrooms and garages of dwelling units shall have ground -fault circuit interrupter protection for personnel. Exception: Ground fault circuit protection need not be provided on receptacle outlets located in a garage provided such outlets are single and are intended for use with fixed or stationary appliances. SECTION 17. Section 8-2.03(3) of Chapter 2 of Title 8 of the Los Altos Hills Municipal Code hereby is repealed. SECTION 18. Section 8-2.05 of Chapter 2 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-2.05. UNDERGROUND INSTALLATIONS: ELECTRICAL AND TELEPHONE SERVICE LEAD-IN: EXCEPTIONS. The provisions of Section 8-2.04 of this Chapter shall not apply to the following kinds of installations: (a) Where the installation consists of the addition of wires to an already existing utility lead-in. SECTION 19. Section 8-3.01 of Chapter 3 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: -10- L *0 Section 8-3.01. ADOPTION OF UNIFORM PLUMBING CODE. The Code of rules, regulations and standards printed and published by the International Association of Plumbing and Mechanical Officials under the title "Uniform Plumbing Code, 1979 Edition", including the appendices thereto, hereinafter called the "Plumbing Code," prescribing regulations for the protection of the public health and safety, requiring a permit and inspection for the installation or alteration of plumbing and drainage systems, defining certain terms, establishing minimum regulations for the installation, alteration, or repair of plumbing and drainage systems and the inspection thereof, defining terms, providing penalties for its violation, and repealing conflicting ordinances, printed in book form and filed in the Office of the City Clerk of the City of the Town of Los Altos Hills on the 1st day of July, 1981, IS HEREBY ADOPTED, and by reference incorporated herein as if fully set forth, except as hereinafter otherwise pro- vided, as the Plumbing Code of the City of the Town of Los Altos Hills and as and for the rules, regula- tions and standards within this City, as to all matters therein contained, except as otherwise pro- vided in this Chapter. The mandatory requirements of the appendices to the Plumbing Code shall be enforceable to the same extent as if contained in -11- %W Vd the body of the Plumbing Code. Three (3) copies of the Plumbing Code shall, at all times, be kept on file in the Office of the City Clerk. SECTION 20. Section 8-3.02(1) of Chapter 3 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-3.02(1). DELETIONS. There are hereby deleted from the 1979 Plumbing Code Sections 20.3, 20.4, 20.7, 20.13 and 20.14. SECTION 21. Section 17958 of the Health and Safety Code requires that the local governing body adopt regulations which impose the same requirements as those contained in the regulations adopted by the Commission of Housing and Community Development pursuant to Section 17922 of the Health and Safety Code. The following requirement is included because the Commission of Housing and Community Development adopted it as an amendment to the Plumbing Code. It is applicable to the City because it relates to uses permitted under the Zoning Law of the City. SECTION 22. Section 8-3.02(3) of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows; Section 8-3.02(3). AMENDMENT OF SECTION 201, Subsection 201(k) is added to Section 201 of the 1979 Plumbing Code to read as follows: No provisions contained in this Code shall apply to one and two- family dwelling private sewage disposal systems and minimum plumbing facilities when alternate facilities or installations have been approved by the local -12- V J health officer, provided that such alternate facilities or installations provide substantially equivalent pro- tection to health and safety. SECTION 23. Section 8-3.02(4) of Chapter 1 of Title 8 of the Los Altos Hills Municipal Code hereby is amended to read as follows: Section 8-3.02(4). AMENDMENT OF CODE. Section 323 hereby is added to the 1979 Plumbing Code to read as follows: (a) Tank type toilets - No new building or dwelling shall be constructed which employs a tank type water closet that uses more than an average of 3-1/2 gallons of water per flush. No additions to, or renovation of an existing building, or dwelling shall be con- structed which employs a tank type water closet that uses more than an average of 3-1/2 gallons of water per flush unless compliance with the requirements of this Section would require substantial modification of the existing plumbing system. A standard flush toilet may be allowed, when in the opinion of the Building Official, the configuration of the building drainage system requires a greater quantity of water to adequately flush the system. Tank type water closets having a tank capa- city in excess of 3-1/2 gallons, but equipped -13- %W \i with devices that reduce average water con- sumption to no more than 3-1/2 gallons per flush, shall be deemed in compliance with this Section. Tank Type toilets and water consumption reducing devices hereinabove required shall be of a type approved by the State of California Housing and Community Develop- ment Department. (b) Faucets - sink faucets, tray faucets and lavatory faucets installed in new resi- dential construction 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. (c) Showers - showers, including shower heads over bath tubs, installed in new residential construction shall be equipped with valves and/or shower heads which allow a flow of no more than four (4) gallons per minute. The addition of Section 323 to the Plumbing Code is based upon the following findings by the City Council of the City of the Town of Los Altos Hills. There is only a finite amount of usable water avail- able to Los Altos Hills and, with the population still increasing, unlimited use of water would result -14- N rd in a permanent water shortage in the future that could have very adverse effects on life in this community and in the State as a whole. The water shortage emergency several years ago and brought about by two years of drought emphasized the impor- tance to the public welfare of preventing waste and conserving water wherever possible. It is imperative that water saving measures be undertaken now to prevent critical water shortages in the future. This local condition makes reasonably necessary the addition of Section 323. SECTION 24. PENALTIES. Any person, firm or corporation violating any provision of the Building, Housing, Electrical or Plumbing Codes shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six (6) months, or both fine and imprisonment. Each separate day or any portion thereof during which any violation of the Mechanical Code occurs or continues may by Council approval be deemed to constitute a separate offense, and, upon conviction thereof, shall be punishable as herein provided. SECTION 25. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance, is for any reason held to be unconstitutional or invalid, or ineffective by any Court -15- `r J of competent jurisdiction, such decision shall not affect the validity or effectiveness or applications of the remaining portions of this Ordinance, or any part thereof, which can be given effect without the invalid portion or application. The Council hereby declares that it would have passed each section, subsection, sub- division, paragraph, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more sections, subsections, sub- divisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTION 26. INTERPRETATIONS. In interpreting and applying the provisions of this Ordinance, the requirements contained herein are declared to be minimum require- ments for the purposes set forth. The provisions of this Ordinance, insofar as they are sub- stantially the same as existing statutory provisions relating to the same subject matter, shall be constructed as restatements and con- tinuations and not as new enactments. This Ordinance shall not nullify the more restrictive pro- visions of covenants, agreements, or other ordinances or laws, but shall prevail as to such provisions which are less restrictive. SECTION 27. This Ordinance shall be posted within the City of the Town of Los Altos Hills in three (3) public places and shall become effective thirty (30) days following its adoption. INTRODUCED at a regular meeting of the City Council of the City of the Town of Los Altos Hills on the 5th day of August , 1981. -16- PASSED AND ENACTED at a regular meeting of the City Council of the City of the Town of Los Altos Hills this 2nd day of September , 1961, by the following roll call vote: AYES: Councilmember: Hillestad, McReynolds, Nystrom, Perkins and Proft NOES: Councilmember: None ABSENT: Councilmember: None ATTEST: City Clerk -17- -17-