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HomeMy WebLinkAbout90-19 ORDINANCE NO. 90-19 AN ORDINANCE OF THE TOWN OF DANVILLE AMENDING TITLE 4 OF THE TOWN OF DANVILLE MUNICIPAL CODE TO ADOPT, WITH MODIFICATIONS, THE 1988 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE AND THE UNIFORMMECHANICAL CODE TOGETHER WITH THEIR RESPECTIVE 1989 STATE OF CALIFORNIA AMENDMENTS; ADOPTING THE 1988 EDITIONS OF THE UNIFORMADMINISTRATIVE CODE, THE UNIFORMHOUSING CODE, THE CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORMBUILDING SECURITY CODE AND THE 1987 NATIONAL ELECTRICAL CODE; AMENDING FEE SCHEDULES RELATING TO THE BUILDING CODE, THE PLUMBING CODE, THE MECHANICAL CODE AND THE ELECTRICAL CODE. THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION 1. BUILDING REGULATIONS A new Title 4, Building Regulations of the Town of Danville Municipal Code is adopted to read as follows: Title 4 Building Regulations Chapter 1 Administrative Chapter 2 Building Code Chapter 3 Electrical Code Chapter 4 Plumbing Code Chapter 5 Mechanical Code Chapter 6 Housing Code Chapter 7 Grading (Reserved) Chapter 8 Abatement of Dangerous Buildings Chapter 9 Security Code Chapter 10 Miscellaneous Provisions Chapter 1 Administrative Section 4-101 Adoption Section 4-102 Modification Section 4-102.110 Interpretation Section 4-102.201(c) Chief Building Official Section 4-102.204 Board of Building Appeals Section 4-102.303(d) Expiration Section 4-102.304(b) Permit Fees Section 4-102.304(c) Plan Review Fees Section 4-102.304(e) Investigation Fees Section 4-103 Enforcement and Penalty Section 4-104 Notice of Non-Compliance to Franchise Tax Board Section 4-101. Adoption. The Uniform Administrative Code, 1988 Edition, as published by the International Conference of Building officials is hereby adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. Section 4-102. Modifications. The 1988 Uniform Administrative Code adopted by reference in Section 4-101 shall be effective with the changes, additions and deletions set forth in this Section 4-102 series. The numbers following the decimal correspond to the section numbers in the Uniform Administration Code. Section 4-102.110. Interpretation. A new Section 110 is added to the Uniform Administrative Code to read: The language used in this code is intended to convey the common and accepted meaning familiar to the building industry. The building official is authorized to determine the intent and meaning of any provision of this code. Such determination shall be made in writing and a record kept, which shall be open to the public. Such determination may be aDDealed to the Board of Building ADDeals. Section 4-102.201(c). Chief Buildinq Official. A new subsection (c) is added to Section 201 of the Uniform Administrative Code to read: (c) Chief Building Official. The building services manager is designated as chief building official for the Town of Danville with all the duties and respon- sibilities of that position. Section 4-102.204. Board of Buildinq Appeals. Section 204 of the Uniform Administrative Code is amended to read: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Housing Code, National Electrical Code, Flood Damage Prevention Regulation and the Uniform Code for the Abatement of Dangerous Buildings, and to hear appeals provided for in those codes and regulations, there shall be and is hereby created a board of building appeals (the "Board") consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall act as secretary of the Board. The members of the board shall be appointed by the town council and hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant any may recommend to the Council of the Town of Danville such new legislation is within the rules and regulations. Except as otherwise provided in the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Housing Code, the National Electrical Code, Flood Damage Preven- tion Regulation and the Uniform Code for the Abatement of Dangerous Buildings, the Board shall hear appeals in accordance with the procedures set forth herein. As soon as practicable after receiving a written appeal, the building official shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than 10 days nor more than 45 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to the appellant(s) by the building official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the address(es) shown on the appeal. The decision of the Board in granting or denying an appeal shall become final and effective 15 days after the date of adoption of the decision, unless within such 15 day period an appeal is filed by the appellant(s) in writing with the town council. The filing of such appeal within such time limit shall stay the effective date of the decision of the board until such time as the council has acted on the appeal. Upon receipt of a written appeal filed with the council, the secretary of the Board shall transmit to the council the Board's complete record of the case. Within 40 days following the receipt of the written appeal, the council shall hold a hearing on the appeal. Written notice of the time and place of the hearing shall be given at least 10 days before the date of the hearing to the appellant(s) by the City Clerk either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy, postage prepaid, addressed to the appellant(s) at the address(es) shown on the appeal. The council shall announce its findings and decision by formal resolution not more than 40 days following the hearings, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the town council, make the granting or denial of the appeal necessary, and shall order that the appeal be granted or denied or modified subject to such conditions or limitations that it may impose. The action by the council on such matters shall be by majority vote of the entire council and shall be final and conclusive. Not later than 10 days following the adoption of a resolution ordering that an appeal be granted or denied, a copy of the resolution shall be mailed to the appel- lant(s) and one copy shall be attached to the Board's file of the case and the file returned to the secretary of the Board for permanent filing. Section 4-102.303(d). Expiration. Section .303(d) is amended to read: (d) Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by the permit is not commenced within 180 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned. Before such work can be recommenced, a new permit shall be first obtained and the fee therefor shall be one-half the amount required of a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Any permittee holding an unexpired permit may apply for an extension of time within which he may commence the work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control or the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee ~hall paU a new full D~rmit fQ~. 5 Section 4-102.304(b), (c), and (e). Permit, Plan, and Investigation Fees. Sections 304(b), (c) and (e) of the Uniform Administrative Chapter is amended to read: (b) Permit Fees. The fee for each building permit shall be as set forth in TAble No. 3-A. Where a technical code has been adopted by the jurisdiction for which no fee schedule is shown in this code, the fee required shall be in accordance with the schedule established by the legislative body. A minimum fee of $1.00 per page will be charged for micro filming. This includes plans, permit applications and any other applicable documents associated with the construction. The minimum building permit fee shall be $45. Swimming pool installations shall be permitted at a flat rate of $300 per installation. The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The basis for determining valuation shall be the current "Building Valuation Data" as published by the International Conference of Building officials (I.C.B.O.) in effect at the time the building valuation is under consideration. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (c)Plan Review Fees. When a plan or other data are required to be submitted by Subsection (c) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee for buildings or structures shall be 65% of the building permit fee as shown in Table No. 3-A. The plan review fees for electrical, mechanical and plumbing work shall be equal to 65% of the total permit fee as set forth in Tables Nos. 3-B, 3-C and 3-D. 6 The plan review fee for grading work shall be as set forth in the Contra Costa County Code, Title 7, Division 716, Chapters 716-2, 716-4, 716-6 and 716-8. Where plans are incomplete or changed so as to require additional plans, and additional plan review fee shall be charged at the rate shown in Table No. 3-A. (e)Investigation Fees: Work Without a Permit. 1. Investigation. Whenever any work for which a a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Table No. 3-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by law." Section 4-103. Enforcement and Penalty. A person who violates a provision of this Title 4, Building Regulations, is guilty of a misdemeanor under Municipal Code Section 1-303. In addition to the penalty provided, a condition which exists in violation of this title is a public nuisance under Municipal Code Section 1-305. Section 4-104. Notice of Non-Compliance to Franchise Tax Board. Under Revenue and Taxation Code Sections 17274 and 24436.5, a person who derives rental income from sub-standard housing (which violates health, safety or building codes) is allowed no deductions for interest, depreciation, taxes or amorti- zation for that housing. If the town determines that a violation of the municipal code results in sub-standard housing under those Sections, an enforcement officer shall send a notice of non-compliance to the Franchise Tax Board in accordance with the procedure set forth in the Revenue and Taxation Code. 7 Chapter 2 Building Code Section 4-201 Adoption Section 4-202 Modifications Section 4-202.2623 Minimum Slab Thickness Section 4-202.2907(e) Footing Design Section 4-202.3202(b)4 Fire Retardancy Section 4-202.3210 (Appendix) Inspections Section 4-201. Adoption The Uniform Building Code, 1988 Edition, including 1989 State of California amendments, including the Appendix except for Chapter 70 (Excavation and Grading), as published by the International Conference of Building Officials is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. Section 4-202. Modifications. Modifications and additions to the 1988 Uniform Building Code adopted by reference in Section 4-201 shall be effective with the changes, additions and deletions set forth in this Section 4-202 series. The numbers following the decimal correspond to the section numbers in the Uniform Building Code. Section 4-202.2623. Minimum Slab Thickness. Section 2623 of the Uniform Building Code is amended to read: Section 2623. The minimum thickness of concrete floor slabs supported directly on the ground shall be not less than three and one-half (3 1/2") inches. Slabs shall have six (6") inches by six (6") by ten (10) gauge wire mesh or equal at its midheight. Earth under concrete slabs shall be of proper consistency and thickness to retard capillary action and shall be approved by the building inspector." Section 4-202.2907(e). Footing Design. A new subsection (e) is added to Section 2907 of the Uniform Building code to read: (e) Footing Design. Except for special provision of Section 2909 (U.B.C.) covering the design of piles, all pot%ions of footlng~ ~hall be d~i~ned in accordance with the structural provisions of this code and shall be designed to 8 minimize differential movement. A minimum of two (2) one-half (1/2) inch steel reinforcing bars shall be provided in the continuous foundations of Group R and M occupancies. Section 4-202.3202(b)4. Fire Retardancy. A new subsection 4 is added to Section 3202(b) of the Uniform Building Code to read: 4. All new roofs for structures with an occupancy classification of R or M in areas designated on the map entitled Fire Safe Roof Areas, Town of Danville, as adopted by the San Ramon Valley Fire Protection District and the Town of Danville, shall include roof coverings with a fire rating of 'A', 'B', or 'C' which comply with UBC standard 32-7, or shall be made of material consisting solely of concrete, metal, slate, or clay tiles, except for areas designated for unrated roofing material on the map. In addition to any other provisions of this Code, fire retardant roof coverings (Class "A" or "B") shall be required for all structures of R-1 occupancy ("Multi- family residential") where the projected roof area of any such structure exceeds 3000 square feet. Nothing in this section shall limit the town's ability to require additional fire protection measures, e.g. sprinklers, fire breaks, emergency access roads, fire suppression fees, etc. in certain areas warranting additional protection. Nor shall this section be interpreted to limit the town's police power in planning and zoning certain areas for limited development because of significant fire hazards. In the event that a conflict arises within this subsection, the most restrictive application of this chapter shall apply. A map of Fire Safe Roofing Areas, as prepared by the San Ramon Valley Fire Protection District and the Town of Danville is on file at the Town of Danville and may be amended from time to time. 9 Section 4-202.3210 (Appendix). Inspections. Section 3210 of the Uniform Building Code Appendix is amended to read: Section 3210. New roof coverings shall not be applied without first obtaining an inspection. A final inspection and approval shall be obtained from the building official when the re-roofing is complete. A building permit shall be required for any roof covering alteration, replacement or repair for any structure with an occupancy classification of R or M. Any such roof covering alteration, replacement or repair not made within a 12 month period from any similar alteration, replacement or repair which does not exceed 25 percent of the projected area of the existing roof may use materials similar to those of the existing roof covering. Any roof covering alteration, replacement or repair not made within a 12 month period from any similar alteration, replacement or repair which exceeds 25 percent but not 50 percent of the projected area of the existing roof shall utilize fire safe roof covering as specified above for new roofs. Any roof covering alteration, replacement or repair which exceeds 50 percent of the projected area of the existing roof, or of a lesser percentage or are done within a 12 month period after completion of a similar alteration, replacement or repair shall require that the entire existing roof covering be replaced with fire safe roof covering as specified in Section 3202(b), as modified. The building official may waive or modify the above requirements for re-roofing of individual existing structures provided he/she makes a finding that because of other specific positive fire safety factors, such as the existence of interior sprinklers, distance between structures, type of construction, type of surrounding vegetation or other related considerations, additional fire retardancy for roofing material would not have a significant effect on increased fire protection of the safety of persons or property within the area. Section 4-202.3705(a). Factory Built FireDlaces and Chimneys. Section 3705, 1988 UBC Edition is amended to add the following subsection: (a) pae~ory-buil~ ~hlmn~Um and firmDlacmm ghall be separated from combustible construction by materials 10 approved for 1-hour fire-restrictive construction on the fireplace and chimney side. Chimneys shall be held rigidly in place with insulators added at the point of contact to combustibles. Chapter 3 Electrical Code Section 4-301 Adoption Section 4-302 Modifications Section 4-302.104(a) Public Utilities Section 4-302.108 Old or Used Equipment Section 4-302.109 Public Nuisance Lighting Section 4-302.303(f) Permit Only to Contrac- tor or Owner Section 4-302.303(g) Late Application, Penalty-Emergencies Section 4-302.305(f) Authority Section 4-302.305(g) Time of Service Section 4-302.306(c) Inspectors Approval Required Section 4-302.306(d) Unlawful Reconnection Section 4-302.306(e) Unlawful Wiring, Electric Fences, Warning Section 4-302.306(f) Temporary Connections; Required Conditions Section 4-302.306(g) Aluminum wiring Section 4-302.306(h) Conductors - Minimum Ampacity and Size Section 4-301. Adoption. a. The National Electrical Code, 1987 Edition, as published by the International Conference of Building officials is adopted in its entirety as authorized by Section 50010 et seq. of the Government Code. b. The Administrative Code Provisions for the National Electrical Code, 1987 Edition, as published by the International Conference of Building officials is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. Section 4-302. Modifications. Modifications and additions to the Administrative Provisions £or l~g4 National E1Qctrical Code adoDted by reference in Section 4-301 shall be effective with changes, additions and 11 deletions set forth in this Section 4-302 series. The numbers following the decimal corresponds to the section numbers in the Administrative Provisions of the National Electrical Code. Section 4-302.104. Public Utilities. Section 104 of the Administrative Division of the National Electrical Code is amended to read: (a) WHERE, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. (b) This division does not apply to any electrical work performed by any electrical, telephone, telegraph, railroad or street railroad corporation (as defined in the Public Utilities Code) on or with electrical equipment owned, or controlled and operated, or used by such corporation in the exercise of its function as a public utility, or to any other work which any such corporation may be entitled to perform under the constitution of any law of the State of California. Section 4-302.108. Old or Used Equipment. A new Section 109 is added to the Administrative Division of the National Electrical Code to read: Section 108. Old or used electrical equipment shall not be used in any work under this division without the specific approval of the chief building official. Section 4-302.109. Public Nuisance Lighting. A new Section 109 is added to the Administrative Division of the National Electrical Code to read: Section 109. Lighting fixtures shall be so installed, controlled or directed that the light will not glare or be blinding to pedestrians or vehicular traffic or on adjoining property. 12 Section 4-302.303¢f). Permit Only to Contractor or Owner. A new subsection (f) is added to Section 303 of the Administrative Division of the National Electrical Code to read: (f) A permit shall be issued only to a person holding a valid, unexpired, unrevoked California electrical contractor's license except as otherwise provided in this section and by California State Contractor's Law. A permit may be issued for work in a one family dwelling used exclusively for living purposes, including the usual accessory buildings andquarters, if the permittee is the bona fide owner of the structures occupied by or designed to be occupied by the owner; in which case the owner himself shall be permitted to perform all work under the permit. Section 4-302.303(g). Late Application, Penalty-Emergencies. A new subsection (g) is added to Section 303 of the Administrative Division of the National Electrical Code to read: (g) Every person who begins electrical work without first applying for and obtaining the permit(s) required therefore, shall so apply as soon as practicable. If he unreasonably delays in applying, he shall pay a triple permit fee(s) and remain subject to other penalties and enforcement procedures of this code. Emergencies. The triple fee(s) shall not be imposed when the principal electrical inspector is satisfied that the work was urgently necessary and that prior application was not practicable. Section 4-302.305(f). Authority. A new subsection (f) is added to Section 305 of the Administrative Division of the National Electrical Code to read: (f) Authority. The inspector is empowered to inspect all electrical equipment. Then the inspector finds any electrical equipment to be dangerous or unsafe, he shall so notify the person owning, using or operating it. who shall make the repairs or changes required to make the equipment safe, and complete this work within ten days after notice or such further time as the inspector may set. Any electrical system deemed an immediate, imminent hazard to life and DroDerty shall be de-energized 13 immediately by the owner, his representative or the electrical inspector. Section 4-302.305(g). Time of Service A new subsection (g) is added to Section 305 of the Administrative Division of the National Electrical Code to read: (g) On alteration jobs requiring a change of service, the service shall be changed and inspected at the frame or rough wiring state. On swimming pool jobs requiring a change of service, the service shall be changed and completed prior to the approval for pouring or cementing of the pool or steel inspection of the pool cavity. Section 4-302.306(c). Inspectors Approval Required. A new subsection (c) is added to Section 306 of the Administrative Division of the National Electrical Code to read: (c) No person shall connect a source of electrical energy, or supply electric service, to any electrical equipment which the electrical inspector has disconnected or ordered disconnected until he issues a certificate of approval authorizing its reconnection and use. The electrical inspector shall notify the serving utility of the order to discontinue use. Section 4-302.306(d). Unlawful Reconnection. A new subsection (d) is added to Section 306 of the Administrative Division of the National Electrical Code to read: (d) No person shall connect a source of electrical energy, or supply electrical service, to any electrical equipment which the electrical inspector has disconnected or ordered disconnected until he issues a certificate of approval authorizing its reconnection and use. The electrical inspector shall notify the serving utility of the order to discontinue use. 14 Subsection 4-302.306(e). Unlawful Wiring, Electric Fences, Warning. A new subsection (e) is added to Section 306 of the Administrative Division of the National Electrical Code to read: (e) Prohibition. Except as hereinafter provided, no person shall construct or maintain any electric wiring device, designed or intended to injure and/or shock animals or persons, or any contrivance or apparatus for such purpose. Livestock Exception. Persons principally engaged in the business of handling livestock as a primary means of production or income may electrify fences to control or confine livestock upon complying with all the following requirements: Any contrivance or mechanism to control electrical current in such fences shall be approved by a recognized testing laboratory, and shall include a suitable interrupting device and such other safety devices to prevent dangerous currents getting on the fence at any time. Any electrical fence to which the public may have access, except cross fences to confine and control livestock, shall be posted with a warning notice containing the following or similar wording: "DANGER ELECTRIC FENCE," or "DANGER HIGH VOLTAGE." This notice shall be posted along any such main fence at intervals of not more than four hundred feet, and in letters at least one inch high." Section 4-302.306(f). Temporary Connections; Required Conditions. A new subsection (f) is added to Section 306 of the Administrative Division of the National Electrical Code to read: (f) Temporary electrical construction power and lighting installations may be permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, or similar activities. Temporary electrical power will be de- energized and discontinued when the permanent electrical system is approved by the inspector and ready to energize. Use of any permanent electrical equipment or 15 distribution system for temporary construction power utilization is not permitted (see NEC Article 305). The inspector may allow the temporary use of electrical current through any electrical equipment, subject to the restrictions herein. The inspector shall not allow such use for longer than reasonably necessary to fully comply with this division, and he may fix this time period when he grants the allowance. The inspector may allow such use before installation of fixtures and finish, if: A permit has been obtained; Range and appliance circuit receptacles, etc., are in place; and Panel cover trims are in place on all service and distribution panels; and Fuses or breakers are installed only on needed circuits, are in place. Section 4-302.306(g). Aluminum Wirinq. A new subsection (g) is added to Section 306 of the Administrative Division of the National Electrical Code to read: (g) Aluminum wiring shall not be used except as follows: Stranded aluminum wiring shall be allowed in number 8 or larger sizes only. Section 4-302.306(h). Conductors - Minimum Ampacitv and Size. A new subsection (h) is added to Section 306 of the Administrative Division of the National Electrical Code to read: (h) Household ranges and cooking appliances, branch- circuit conductors supplying household ranges, wall- mounted ovens, counters-mounted cooking units, and other household cooking appliances shall have an ampacity not less than the maximum load to be served. The minimum ampacity of branch circuit conductors shall not be less than 50 amperes for free-standing electric ranges, 40 amperes for single and double wall-mounted ovens or counter-mounted cooking units. 16 Conductor Ampacities. (Addition) conductor ampacities rated at 100 ampere and less shall be sized using the 60 C (140 F) temperature column (table 310-16) for circuits supplying clothes dryers, air conditioners and central electric furnaces, located in dwelling occupancies. Chapter 4 Plumbing Code Section 4-401 Adoption Section 4-402 Modification Section 4-402.20.2(3) Dangerous and Insanitary Construction Section 4-401. Adoption. The Uniform Plumbing Code, with Appendices, 1988 Edition, including 1989 State of California Amendments, as published by the International Conference of Building officials is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. Section 4-402. Modification. Modifications and additions to the 1988 Uniform Plumbing Code and Appendices adopted by reference in Section 4-401 shall be effective with the changes, additions and deletions set forth in this Section 4-402 series. The numbers following the decimal correspond to the section numbers in the Uniform Plumbing Code. Section 4-402.20.2(d). Danqerous and Insanitary Construction. (d) Nuisance. Any portion of a plumbing system found by the building inspector to be insanitary as defined in this division is declared to be a nuisance. Investigative Order. Whenever it is brought to the attention of any town official having jurisdiction that any insanitary conditions exist or that any construction or work regulated by this division is dangerous, unsafe, insanitary, a nuisance or a menace to life, health or property or otherwise in violation of this division, that official may request the building inspector to investigate. If the building inspector determines that the facts warrant such action, he shall order any person using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, al~, ~h~ng~, r~mov~ or demolish same as the building inspector may consider necessary for %he proper protaetion of life, health or 17 property. In the case of any gas piping or gas appliance, he may order any person supplying gas to such piping or appliance to discontinue supplying gas thereto until such piping or appliance is made safe to life, health or property. Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condition exists, and shall specify the date or tome for compliance with such order. Misdemeanor. Refusal, failure or neglect to comply with any such notice or order is a violation of this ordinance code. Legal Action. When any plumbing system is maintained in violation of this division and in violation of any notice issued pursuant to the provisions of this section, or where a nuisance exists in any building or on a lot on which a building is situated, the building inspector shall institute any appropriate legal action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Section 4-402.20.7. Cost of Permit Section 20.7 of the Uniform Plumbing Code, 1988 Edition is amended to read: Permit fees shall be 17% of Building Inspection Fee. Chapter 5 Mechanical Code Section 4-501 Adoption Section 4-502 Mechanical Permit Fees Section 4-501. Adoption The UniformMechanical Code with Appendices, 1988 Edition, as published by the International Conference of Building official is hereby adopted in its entirety. Section 4-502. Mechanical Permit Fees. Table 3.A of the Uniform Mechanical Code 1988 Edition is amended to read: 18 Permit fees shall be 18% of the Building Inspection Fee. Chapter 6 Housing Code Section 4-601 Adoption Section 4-602 Modifications (Reserved) Section 4-601. Adoption. The Uniform Housing Code, 1988 Edition, as published by the International Conference of Building officials is hereby adopted in its entirety. Section 4-602. Modifications. (Reserved) Chapter 7 Grading (Reserved) Chapter 8 Abatement of Dangerous Buildings Section 4-801 Adoption Section 4-802 Modifications (Reserved) Section 4-801. Adoption. The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, as published by the International Conference of Building officials is hereby adopted in its entirety. Section 4-802. Modifications. (Reserved) Chapter 9 Security Code Section 4-901 Adoption Section 4-902 Modifications See%ion 4-902.4105(a) Lighted House Numbers 19 Section 4-901. Adoption. The UniformBuilding Security Code, 1988 Edition, as published by the International Conference of Building officials is hereby adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. Section 4-902. Modifications Modifications and additions to the 1988 Uniform Building Security Code adopted by reference in Section 4-901 shall be effective with the changes, additions and deletions set forth in this Section 4-902 series. The numbers following the decimal correspond to the section numbers in the Uniform Security Code. Section 4-902.4105. Lighted House Numbers Section 4105 is amended to read: Sec. 4105. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Except as provided in Section 3305(b) of the Uniform Building Code, such view may be provided by a door viewer having a field of view of not less than 180 degrees through windows or through view ports. All new residential construction shall incorporate lighted house numbers. The method for display shall consist of contrasting background with number size no less than three (3) inches. The power source for the fixture shall be directly connected to the residential units main power supply to prevent individual switching of the fixture. Chapter 10 Miscellaneous Provisions Section 4-1001 Findings and Adoption Section 4-1002 swimming Pools 20 Section 4-1001. Findings and Adoption. The Town Council of the Town of Danville finds that there are unique circumstances affecting development which are not specifically covered in any of the codes adopted in Chapters 1 through 9. The Town Council hereby adopts this miscellaneous provisions chapter to regulate specific areas which are not covered by the adopted codes so as to protect the health, safety and welfare of the residents and businesses within the Town of Danville. Section 4-1002. Swimmina Pools. (a) Fence - Required. (1) All swimming pools in the Town of Danville shall be fenced with an approved fence as provided in this chapter. (2) The chief building official is authorized and directed to enforce and administer all of the provisions of this chapter. (3) Upon presentation of proper credentials the chief building official or his duly authorized representatives may enter at reasonable times any premises in the town to perform duties imposed on him by this chapter. (b) Fence - Approval conditions. An approved fence shall meet the requirements of this section. (1) Every person in possession of land within the Town of Danville, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which land is situated a swimming pool or other out-of-doors body of water designed, constructed, and used for swimming, dipping, or immersion purposes by men, women, or children, having a depth in excess of eighteen inches, or with a surface area exceeding two hundred fifty square feet, shall maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool or body of water, a fence or wall not less than four and one-half feet which, with openings, holes, or gaps therein no larger than four inches measured horizontally, except for doors or gates; provided, however, that a dwelling house or accessory bu~lS~ng may be u~d a~ a Dart of such enclosure. 21 (2) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming a part of the enclosure herein above required need not be so equipped, with the exception of breezeways, back doors of garages, and similar structures, affording access to the pool, which shall be self-closing and self-latching, with such latching placed at least four feet above the ground level, or otherwise made inaccessible from the outside to small children. (c) Side and rear yards. Any swimming pool constructed after the effective date of this chapter shall be constructed so that there shall be at least five feet between a side lot line or a rear lot ling and the swimming pool. (d) Fence- Installation prior to pool use. The fence required by the chapter shall be installed around all pools within ninety days from and after the effective date of this chapter and before any newly constructed pool is put into use. (e) Fence - When not required. The fence required by this chapter need not be erected or maintained when all of the following conditions exist: (1) The lot is not smaller than twenty thousand square feet, not including any area within the lines of a public road; (2) The density of residential development within a radius of two hundred fifty feet surrounding the pool does not exceed a total of four residences, including the residence with the pool; (3) The pool is not within three hundred feet of a public school, private school, or public playground. (4) The pool is not within fifty-five feet of an inhabited dwelling on adjacent property. (f) Fence - Exception discretionary with building inspector. The building inspector may grant an exception to the requirements of fencing a swimming pool when he finds that there is a barrier existing on the premises by reason of vegetation, landscaping, or topography suitable to protect the pool and to protect children from straying into the pool. (g) Appeal. Any person dissatisfied with the decision of the building inspector in his application of this chapter may submit an appeal of such decision to the board of Building Appeals. The meehod of aDDeal shall be as described in Chapter I. 22 Section 2. FINDINGS Under the State of California Health and Safety Code Sections 17958.5 and 17958.7 the Town Council of the Town of Danville finds that both the administrative and non-administrative changes set forth below are reasonably necessary because of certain climatic, geologic and topographic conditions within the Town which are unique to the locality. These specific conditions are as follows: A. The climatic conditions which are unique to the Town of Danville are such that: Upper and lower temperature extremes are present creating fluctuations in soils consistency and building materials strengths and ratings. Excessive amounts of rainfall over a 24 hour period for the hilly and sloping terrain can create possible erosion and inundation ultimately resulting in the overgrowth of natural grasses. Hot and dry summer months are typical of the area which have a tendency to deplete the moisture content of building materials and soils. Hot and dry summer winds are present which can dry combustible materials causing fire devastation. B. The geologic conditions which are unique to the Town of Danville are such that: The community is within close proximity to a major earthquake fault and a defined Alquist-Priolo study area making construction susceptible to the impacts of seismic activity. The expansive nature of the soils within the community which consist primarily of alluvium require consideration of specific regulations to insure the public health, safety and welfare is protected. C. The topographic conditions which are unique to the Town of Danville are such that: The predominance of the hillside terrain in conjunction with the expansive soils requires additional precautionary measures to control and regulate building in these areas. 23 The extreme elevational changes between various areas of the Town dictates that unique consideration be given to these changes and the differences and impacts associated with the severity of change be addressed in the building code. Section 3. SEVERABILITY The Town Council of the Town of Danville declares that if any chapter, section, paragraph, sentence or word of this Title of the Code, is declared invalid, the remaining portions shall continue in effect. Section 4. SAVING CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this Town shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation of a previously adopted ordinance. Section 5. REFERRAL TO STATE OF CALIFORNIA Pursuant to Health and Safety Code Section 17958.7, the city Clerk is directed to send a copy of this ordinance to the State Department of Housing and Community Development before the date this ordinance becomes effective. Section 6. REPEAL Title 7, Building Regulations, of the Contra Costa County Ordinance Code (previously adopted by the Town of reference) is repealed except for Division 716, Grading, which shall continue in effect. Section 7. NEW OR INCREASED FEES This ordinance establishes new or increased fees. The Town Council held a public hearing on the matter of fees. Notice of the hearing was given to interested persons at least 14 days before the hearing. At least 10 days before the hearing, the Town made available %0 the Dublie, date indicating the amount of cost, or estimated cost, required to provide the services under this Title 24 and the revenue sources anticipated to provide the services, including general fund revenues, as required by Government Code Section 54992. Section 8. EFFECTIVE DATE This ordinance becomes effective as follows: (a) The ordinance becomes effective 30 days after its adoption except for the fee-setting provisions under Section b. (b) Wherever this ordinance (or a code adopted by reference under this ordinance) establishes a fee, the fee becomes effective 60 days after this ordinance is adopted. The fees adopted under the County Ordinance Code shall remain in effect until the new fees take effect at the end of the 60 day period. Section 9. PUBLICATION The city Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper or general circulation or (b) have a summary of this ordinance published twice in a newspaper of general circulation: Once 5 days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held on October 16, 1990, and was adopted and ordered published at a meeting of the Council held on November 6 , 1990, by the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSENT: NONE ABSTAIN: NONE ~ CLER~ mtY 25