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HomeMy WebLinkAbout96-02ORDINANCE NO. 96-02 AN ORDINANCE OF THE TOWN OF DANVILLE REPEALING THE EXISTING CHAPTER 10 OF THE DANVILLE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10 CONTAINING UNIFORM BUILDING REGULATIONS THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION 1. EXISTING CHAPTER 10 OF THE DANVILLE MUNICIPAL CODE REPEALED. Chapter 10 of the Danville Municipal is hereby repealed in its entirely, provided however, that the technical provisions of the uniform codes contained in Chapter 10 shall continue to apply to all permits issued prior to the effective date of this ordinance. SECTION 2. NEW CHAPTER 10 ADDED TO THE DANVILLE MUNICIPAL CODE. A new Chapter 10 is hereby added to the Danville Municipal Code to read as follows: CHAPTER X BUILDING & HOUSING 10-1 UNIFORM ADMINISTRATIVE CODE. 10-1.1 Adoption. The Uniform Administrative Code, 1991 Edition, as published by the International Conference of Building Officials is hereby repealed. The Uniform Administrative Code, 1994 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. 10-1.2 Modifications. The 1994 Uniform Administrative Code adopted by reference in subsection 10-1.1, shall be effective with the changes, additions and deletions set forth in this subsection 10-1.2. The numbers correspond to the section numbers in the Uniform Administrative Code. Section 103. Definitions. The Building Official definition is amended to read: "The Building Services Manager is designated as Building Official for the Town of Danville with all the duties and responsibilities of that position." bo Section 103.1. Interpretation. A new section 103.1 is added to the Uniform Administrative Code to read: "103.1 Interpretation. 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 appealed to the Board of Building Appeals." Section 204.1. Board Of Appeals. Section 204.1 of the Uniform Administrative Code is amended to read: "204.1 Board of Appeals. 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 Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Housing Code, the National Electric Code, the Uniform Swimming Pool Code, the Uniform Code For Building Conservation, the Uniform Code For The Abatement Of Dangerous Buildings, the Uniform Security Code and the Flood Damage Prevention Regulation, 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'and may recommend to the Council of the Town of Danville such new legislation is within the rules and regulations. Appeals filed on provisions in the Uniform Building Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the National Electric Code, the Uniform Code For The Abatement Of Dangerous Buildings, the Uniform Swimming Pool Code, the Uniform Security Code and the Flood Damage Prevention Regulation shall be heard by the Board 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. PAGE 2 OF ORDINANCE NO. 96-02 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 with 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. 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 with 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 l0 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 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 appellant(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 205. Violations. Section 205 of the Uniform Administrative Code is amended to read by adding: "Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a PAGE 3 OF ORDINANCE NO. 96-02 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 Code. No permit presuming to give authority to violate or cancel the provisions of this Code' shall be valid, except insofar as the work or use which is authorized is lawful." Section 304.2. Permit Fees. Section 304.2 of the Uniform Administrative Code is amended to read: "304.2 Permit Fees. The fee for each permit shall be as set forth by resolution as adopted by the Danville Town Council. The determination of value or valuation under any of the provisions of these codes shall be made by the Building Official. 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 including, but not limited to, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and other permanent equipment. The basis for determining valuation may 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." Section 304.3. Plan Review Fees. Section 304.3 of the Uniform Administrative Code is amended to read: "304.3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as adopted by resolution by the Danville Town Council. The plan review fees specified in this section are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 302.4.2, an additional plan review fee shall be charged at the rate of the fee schedule established by resolution as adopted by the Danville Town Council. The plan review fees for electrical, mechanical and plumbing work shall be equal to 65% of the total electrical, mechanical and plumbing permit fees. Where plans for the electrical, mechanical or plumbing work are incomplete or changed so as to require additional plans, an additional plan review fee shall be charged at the rate of the fee schedule established by resolution as adopted by the Danville Town Council." PAGE 4 OF ORDINANCE NO. 96-02 Section 304.5.2. Investigation Fees. Section 304.5.2 of the Uniform Administrative Code is amended to read: "304.5.2 Investigation Fees. 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 the fee schedule established by resolution as adopted by the Danville Town Council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law." 10-1.3 Enforcement and Penalty. A person who violates a provision of this chapter, Building and Housing, is guilty of a misdemeanor under Municipal Code subsection 1- 5.3. In addition to the penalty provided, a condition which exists in violation of this chapter is a public nuisance under Municipal Code subsection 1-5.5. (Ord. #119, §4- 103; Ord. #90-19, §1) 10-2 BUILDING CODE. 10-2.1 Adoption. The Uniform Building Code, Volumes 1, 2 and 3, 1994 edition, and including the Appendix, except for Chapter A33 (Excavation and Grading), as published by the International Conference of Building Officials and Appendix Chapter 4, Division I of the 1994 State of California Amendments, is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. 10-2.2 Modifications. Modifications and additions to the 1994 Uniform Building Code, Volumes 1, 2 & 3, 1994 edition, adopted by reference in subsection 10-2.1 shall be effective with the changes, additions and deletions set forth in this subsection 10-2.2 series. The numbers correspond to the section numbers in the Uniform Building Code. Single Room Occupancies (SRO). Section 310.7 of the Uniform Building Code is amended by adding section 310.7.1 which reads as follows: "310.7.1 Single Room Occupancies (SRO). A single room occupancy shall conform to the requirements of the code except as herein provided: 1. The SRO unit shall have a living room of not less than 150 square feet (13.9 square meters) of superficial floor area. An additional 100 square feet (9.3 square meters) of superficial floor area shall be provided for each occupant of such SRO unit in excess of two. 2. The SRO unit shall be provided with a separate closet. PAGE 5 OF ORDINANCE NO. 96-02 3~ The SRO unit may be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 millimeters) in front. Light, ventilation and emergency egress conforming to this code shall be provided. 4. Every building shall be provided with a least one water closet. Every hotel or subdivision thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for male and female use, each of which contains at least one water closet. EXCEPTION: Hotel guest rooms may have one unidentified toilet facility. 5. Additional water closet shall be provided on each floor for each sex at the rate of one for every additional ten guests, or fractional part thereof, in excess of ten. 6. Every SRO building shall be provided with a kitchen equipped with a kitchen sink; however, that single room occupancy living unit facilities and single room occupancy residential hotels may contain partial kitchen facilities so long as a sink is provided and laundry facilities and kitchen facilities are provided on each floor accessible from a public hallway. 7. Every SRO building and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower; however, that single room occupancy residential hotels may contain partial bathroom facilities. If individual bath facilities are not provided, common bath facilities must be provided as follows: Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in' excess of ten. Such facilities shall be clearly marked for "men" or "women". As an alternative, adequate unisex facilities may be provided. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. PAGE 6 OF ORDINANCE NO. 96-02 When SRO units are required by state law to be accessible or adaptable, see the appropriate sections or the state law for access requirements." Automatic Fire Extinguishing Systems. Section 904.2.1 of the Uniform Building Code is amended to read as follows: "An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section and by Section 1003.2 and Table 1003 A of the Uniform Fire Code, 1994 Edition, and its amendments as adopted by the San Ramon Valley Fire Protection District." Fire Retardancy of Roofs. Section 1503.3 of the Uniform Building Code is amended to read as follows: "All new roofs for structures with an occupancy classification of R or U in areas designated on the map entitled Fire Safe Roof Areas, Town of Danville, as adopted by the Town of Danville, shall include roof coverings with a fire rating of "A", "B" or "C" which comply with UBC standard 15-2, 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 3,000 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. Every new structure and every existing structure when 50 percent or more of the total roof area is reroofed within one-year period, commencing any date on or after January 1, 1995, shall have a class of fire retardant roof covering as indicated on the map of Fire Safe Roofing Areas in which the property is located." PAGE 7 OF ORDINANCE NO. 96-02 Disposition of Roof Drainage and Drainage From Other Impervious Surfaces. Sectio..n 1506 of the Uniform Building Code is amended by adding Section 1506.1.1 which reads as follows: "1506.1.1 Runoff. Roof runoff and runoff from other impervious surfaces shall be collected and piped into an approved storm drain system." Roof Drainage. Section 1506.5 of the Uniform Building Code is amended by deleting the exception for group R, Division 3 and group U occupancies. Reroofing. Section 1514 of the Uniform Building Code Appendix is amended by adding section 1514.1 which reads as follows: "1514.1 Permits. A building permit shall be required for any roof covering alteration, replacement or repair. 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 for new roofs0 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 1503(a) as modified. The building official may waive or modify the above requirements for reroofing or 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 or the safety of persons or property within the area." Footing Design. Section 1804 and 1806 of the Uniform Building Code is amended by adding the following: "1804.8/1806.5.1 Minimum Reinforcement. A minimum of one top and one bottom continuous bars of 1/2" diameter reinforcing steel shall be required in all continuous concrete or masonry bearing foundations of Group R residential and Group U miscellaneous occupancies." PAGE 8 OF ORDINANCE NO. 96-02 Minimum Slab Thickness. Section 1924 of the Uniform Building Code is amended as follows: "The minimum thickness of concrete floor slabs supported directly on the ground shall not be less than 3-1/2". The slab shall be reinforced with not less than six inches by six inches ten-gauge wire mesh or an approved alternate installed at mid height of the slab. The earth under concrete slabs shall be of proper consistency and thickness to retard capillary action and shall be approved by the Building Official or his designated representative." Deletion of Gypsum Wall Board for Bracing. Section 2326.11.3, Item 5, of the Uniform Building Code is amended by deleting the use of gypsum board for bracing. j0 Limitations of Portland Cement Plaster for Bracing. Section 2326.11.3, Item 7, of the Uniform Building Code is amended as follows: "Portland cement plaster on studs spaced 16 inches on center, installed in accordance with Table No 47-1, is limited to single story R-3 and U-1 occupancies." Suspended Ceilings. Section 3403 of the Uniform Building Code is amended by adding subsection 3403.6 as follows: "3403.6 Suspended Ceilings. When a permit is issued for alterations or repairs, the existing suspended ceiling system within the area of alteration or repair shall comply with the lateral design requirements of UBC Standard 25-2 Part III." 10-3 ELECTRICAL CODEl 10-3.1 Adoption. The National Electric Code, 1993 Edition, as published by the National Fire Protection Association is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. bo The Administrative Code Provisions for the National Electrical Code, 1993 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. 10-3.2 Modifications. Modifications and additions to the Administrative Code Provisions for the 1993 National Electrical Code adopted by reference in subsection 10-3.1 shall be effective with the changes, additions and deletions set forth in this subsection 10-3.2. The numbers correspond to the section numbers in the Administrative Provisions for the National Electrical Code. Section 108. Old or Used Equipment. A new Section 108 is added to the Administrative Division for the National Electrical Code to read: "Section 108 PAGE 9 OF ORDINANCE NO. 96-02 Old or Used Electrical Equipment. Old or used electrical equipment shall not be used in any work under this division without the specific approval of the Building Official." Section 109. Public Nuisance Lighting. A new Section 109 is added to the Administrative Division of the National Electrical Code to read: "Section 109 Lighting - Public Nuisance. 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." Section 30309. Late Application, Penalty - Emergencies. A new subsection (f) is added to Section 303 of the Administrative Division for the National Electrical Code to read: "(g) Late Permit Application and Penalty. Every person who begins electrical work without first applying for and obtaining the permit(s) required therefor, shall so apply as soon as practicable. If he or she unreasonably delays in applying, he or she shall pay a double permit fee(s) and remain subject to other penalties and enforcement procedures of this code. Emergencies. The double 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 304(a). Pertnit Fees. Section 304(a) of the Uniform Administrative Code Provisions for the National Electrical Code is amended to read: "Section 304(a) Permit Fees. The electrical permit fee shall be equal to twenty (20) percent of the building permit fees." Section 304(b). Plan Review Fees. Section 3040)) of the Uniform Administrative Code for the National Electrical Code is amended to read: "(b) When submittal documents are required by subsection (b) of section 302, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fees for electrical work shall be as specified by Section 10-1.2 of this ordinance." Section 30509. Authority. A new subsection (f) is added to Section 305 of the Administrative Division for the National Electrical Code to read: "(f) Authority. The inspector is empowered to inspect all electrical equipment. When 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 (10) days after notice or such further time as the inspector may set. Any electrical system deemed an immediate, imminent hazard to life and property shall be de-energized immediately by the owner, his representative or the electrical inspector." PAGE 10 OF ORDINANCE NO. 96-02 Section 305(g). Time of Service. A new subsection (g) is added to Section 305 of the Administrative Division for the National Electrical Code to read: "(g) Service Changes. 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 plastering of the pool." Section 306(b). Temporary Connections; Required Conditions. Section 306(b) of the Administrative Division fbr the National Electrical Code is amended by adding the following: "(b) Temporary Connections. 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 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 306(c). Inspectors Approval Required. A new subsection (c) is added to Section 306 of the Administrative Division for the National Electrical Code to read: "(c) Inspector's Approval for Disconnected Service Required. 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 or she issues a certificate of approval authorizing its reconnection and use. The electrical inspector shall notify the serving utility of the order to discontinue use." PAGE 11 OF ORDINANCE NO. 96-02 k0 mo Section 306(d). Unlawful Reconnection. A new subsection (d) is added to Section 306 of the Administrative Division for the National Electrical Code to read: "(d) Unlawful Reconnection. 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 or she 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 306(e). Unlawful Wiring, Electric Fences, Warning. A new subsection (e) is added to Section 306 of the Administrative Division for the National Electrical Code to read: "(e) Prohibition. Except as hereinafter provided, no person shall construct or maintain any electric wiring devices, 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 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 30609. Aluminum Wiring. A new subsection (f) is added to Section 306 of the Administrative Division for the National Electrical Code to read: "(f) Aluminum Wiring. Aluminum wiring shall not be used except as follows: Stranded aluminum wiring shall be allowed in number 8 or larger sizes only." Section 306(g). Conductors - Minimum Ampacity and Size. A new subsection (g) is added to Section 306 of the Administrative Division for the National Electrical Code to read: "(g) Conductors ~ Minimum Ampacity and Size. Household ranges and cooking appliances, branch-circuit conductors supplying household ranges, wall-mounted ovens, counter-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 PAGE 12 OF ORDINANCE NO. 96-02 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. Conductor Ampacities. (Addition) conductor ampacities rated at 100 ampere and less shall be sized using the 60 degree centigrade (140 degree F) temperature column (table 310-16) for circuits supplying clothes dryers, air conditioners and central electric furnaces, located in dwelling occupancies." 10-4 PLUMBING CODE. 10-4.1 Adoption. The Uniform Plumbing Code, with Appendices, 1994 Edition, as published by the International Association of Plumbing and Mechanical Officials is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. 10-4.2 Modification. Modifications and additions to the 1994 Uniform Plumbing Code and Appendices adopted by reference in subsection 10-4.1 shall be effective with the changes, additions and deletions set forth in this subsection 10-4.2. The numbers correspond to the section numbers in the Uniform Plumbing Code. Section 102.2.5.1: Nuisance. A new section 102.2.5.1 is added to Section 102.2 of the Uniform Plumbing Code to read: "102.2.5.1. Nuisance. Any portion of a plumbing system found by the building inspector to be insanitary as defined in this Code is declared to be a nuisance. Misdemeanor. Refusal, failure or neglect to comply with any such notice or order is a violation of this ordinance code." b0 Section 103.4.1 Permit Fees. Section 103.4.1 of the Uniform Plumbing Code is amended to read: "103.4.1 Permit Fees. The fee for each permit shall be seventeen (17) percent of the building permit fee." Section 103.4.2 Plan Review Fees. Section 103.4.2 of the Uniform Plumbing Code is amended to read: "103.4.2 Plan Review Fees. When a plan or other data is required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be equal to sixty-five (65) percent of the total permit fee as set forth in 103.4.1. When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate as established by resolution and adopted by the Danville Town Council." PAGE 13 OF ORDINANCE NO. 96-02 10-5 UNIFORM MECHANICAL CODE. 10-5.1 Adoption. The Uniform Mechanical Code, 1994 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. 10-5.2 Modifications. Modifications and additions to the 1994 Uniform Mechanical Code adopted by reference in subsection 10-5.1 shall be effective with the changes, additions and deletions set forth in this subsection 10-5.2. The numbers correspond to the section numbers in the Uniform Mechanical Code. Section 115.2 Permit Fees. Section 115.2 of the Uniform Mechanical Code is amended to read: "115.2 Permit Fees. The fee for each permit shall be 18 percent of the Building Permit fee." Section 115.3 Plan Review Fees. Section 115.3 of the Uniform Mechanical Code is amended to read: "115.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 115.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be as specified by Section 10-1.2 of this code." Section 115.3.2 Incomplete or changed plans. Section 115.3.2 of the Uniform Mechanical Code is amended to read: "115.3.2 Incomplete or changed plans. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as specified by Section 10-1.2 of this code." 10-6 SWIMMING POOL, SPA AND HOT TUB CODE. 10-6.1 Adoption. The Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition, as published by the International Association of Plumbing and Mechanical Officials is adopted in its entirety as authorized by Section 50020 et seq. of the Government Code. 10-6.2 Modifications. Modifications and additions to the 1994 Uniform Swimming Pool, Spa and Hot Tub Code adopted by reference in subsection 10-6.1 shall be effective with the changes, additions and deletions set forth in this subsection 10-6.2. The numbers correspond to the section numbers in the Uniform Swimming Pool, Spa and Hot Tub Code. Section 1.7. Violations and Penalties. Section 1.7 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: "1.7 Violations and Penalties. PAGE 14 OF ORDINANCE NO. 96-02 This section is superseded by section 205 of the Uniform Administrative Code and amended by Section 10-1.2(d) of this Code." Section 1.11 Fees. Section 1.11 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: "1.11 Fees. Every applicant for a permit to install, alter, repair a swimming pool, spa or hot tub system or part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. Such applicant shall pay for each permit at the time of making application, a fee shall be paid in accordance with the fee schedule established by resolution and adopted by the Danville Town Council. Any person who shall commence any swimming pool, spa or hot tub work for which a permit is required by this Code without having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by the section for such work, provided, however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefor, before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged." Section 1.11 Schedule of Fees. Section 1.11 of the Uniform Swimming Pool, Spa and Hot Tub Code is further amended by deleting the Schedule of Fees. Section 1.18 Board of Appeals. Section 1.18 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: "1.18 Board of Appeals. The Board of Appeals shall be established pursuant to Section 204.1 of the Uniform Administrative Code as amended by Section 10-1.2(c). 10-7 HOUSING CODE. 10-7.1 Adoption. The Uniform Housing Code, 1994 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. 10-7.2 Modifications. Reserved. 10-8 GRADING. RESERVED. PAGE 15 OF ORDINANCE NO. 96~02 10-9 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. 10-9.1 Adoption. The Uniform Code for the Abatement of Dangerous Buildings, 1994 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. 10-9.2 Modifications. Reserved. 10-10 SECURITY CODE. 10-10.1 Adoption. The Uniform Building Security Code, 1994 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. 10-10.2 Modifications. Modifications and additions to the 1994 Uniform Building Security Code adopted by reference in subsection 10-10.1 shall be effective with the changes, additions and deletions set forth in this subsection 10-10.2. The numbers correspond to the section numbers in the Uniform Security Code. ao Section 1028.1. Illuminated House Numbers. A new section 1028.1 is added to the Uniform Security Code to read: "1028.1 Illuminated House Numbers. All new residential construction shall incorporate illuminated 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." 10-11 MISCELLANEOUS PROVISIONS. RESERVED. 10-12 FINDINGS RELATIVE TO SECTION 10-1 THROUGH SECTION 10-10. 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 nonadministrative changes set forth above 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. PAGE 16 OF ORDINANCE NO. 96-02 Excessive amounts of rainfall over a twenty-four (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. 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. Due to this factor, the more marginal materials for lateral resistance has been disallowed and the bracing of older suspended ceiling systems is required when work is proposed in the areas where these systems are located. The expansive nature of the soils within the community which consist primarily of alluvium require consideration of specific regulations, such as storm water runoff control to limit the saturation of the soil and establishing minimum foundation reinforcing to resist the effects of minor soil movement, to insure the public health, safety and welfare is protected. 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. The control of storm runoff will help minimize erosion due to concentrated flow from impervious surfaces. The limited access to the hillier areas and the extensive vegetation throughout Danville warrants more stringent roofing standards to reduce the rate of fire spread. 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. PAGE 17 OF ORDINANCE NO. 96-02 10-13 ADOPTION OF THE UNIFORM BUILDING CODE STANDARDS. 10-13.1 Adoption. The Uniform Building Code Standards, 1994 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. 10-13.2 Modifications. Reserved. 10-14 ADOPTION OF THE UNIFORM FIRE CODE. 10-14.1 Adoption. The 1994 Uniform Fire Code and the Uniform Fire Code Standards published by the International Fire Code Institute is adopted in its entirety, including appendices I-A, I-B, I-C, II-A, II-B, II-C, II-D, II-E, II-F, II-G, II-H, II-I, III-A, Ill- B, III-D, W-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, VI-G, as authorized by Section 50020 et seq. of the Government Code. 10-14.2 Modifications. The 1994 Uniform Fire Code adopted by reference in subsection 10-14.1, shall be effective with the changes, additions and deletions as adopted in Ordinance 15 of the San Ramon Valley Fire Protection District. 10-15 --- 10-20 Reserved. 10-21 HOUSE MOVING. 10-21.1 Definitions. As used in this section: Applicant shall mean the recorded owner of the land to which the structure is to be moved. Building Official shall mean the Building Official of the Town of Danville or his duly designated representative. Permit shall mean written authorization issued by the Building Division. Structure shall mean: Any stationary or semi-stationary object or building constructed of building materials; 10-21.2 Permit Required. Moving Structures. No person shall move, from anywhere, any structure to or within any lot, piece or parcel of land located within the Town of ,PAGE 18 OF ORDINANCE NO. 96-02 Danville, or keep or maintain such structure there, without first having obtained a permit pursuant to this section from the Building Official. 10-21.3 Application for Permit. ao General Requirements. Every application for a permit to move a structure shall be made upon forms to be furnished by the Building Official and shall contain the requirements set forth in paragraphs b. through d. of this subsection. b. Contents. Applications shall contain: 1. The address and signature of the applicant; 2. The location and address of the proposed new location of the structure; 3o The name, address and California state license number of the contractor, if there be a contractor, or the name and address of the person doing the work involved; 4. Applicant to show proof of ownership of the structure to be moved. Co Fee for Investigation and Report. The completed application shall be accompanied by a fee for investigation and report as provided in the schedule of fees established by resolution and adopted by the Danville Town Council. d0 Plan Requirements. The application shall be accompanied by a plot plan showing location of the structure with respect to the property lines and other buildings on the same lot. The Building Official may require additional plans, specifications and engineering reports showing details of construction, plumbing, heating and electrical systems, when in his or her opinion, because of the nature of the work, it would be necessary to show that the completed structure will comply with the required codes and ordinances. eo Processing. Every application for a permit to move a structure shall be processed as set forth in paragraphs f. through h. fo Planning Division Approval The applicant, or his or her representative, shall present the application to the Planning Division, which shall endorse its approval on the application, provided the proposed move will not violate existing zoning regulations. PAGE 19 OF ORDINANCE NO. 96-02 Approval by City Engineer. The applicant shall present the application to the City Engineer who shall endorse his approval on the application, provided the applicant has complied with Chapter XII, Article I, Encroachments. Action by the Building Official. The applicant shall return the application to the Building Official for further processing. The Building Official shall: 1. Inspect the structure for conformance to the rules and regulations contained in this subsection. 2. Inspect the building to determine whether it complies with the plans and will conform with the rules and regulations when completed contained in this section. 3. Inspect the building to determine whether the building when in place and completed, will have a finished appearance and will be aesthetically compatible with the other properties in the vicinity; 4. Determine the estimate cost of placing and completing the building according to the plans and specifications. No structure in need of sixty (60) percent or more of repair shall be moved. 10-21.4 Performance Bond Required. Before the permit is issued, the applicant shall post the Building Official a performance bond in cash in the amount of five hundred ($500.00) dollars minimum, or ten (10%) percent of the on-site completion costs as determined by the Building Official under subsection 10-21.3, h, 4. The condition of the bond shall be that the applicant shall forfeit the bond upon failure to place and complete the structure according to plans and specifications within the time allowed in subsection 10-20.6. 10-21.5 Appeal. Filing. If the application is denied by the Building Official for any reason, the Building Division shall notify the applicant that the application is denied. If the application is denied because the plans and specifications have not been approved by the Building Official under subsection 10-21.3, h, 3, the applicant may appeal to the Planning Commission within ten (10) days after written notification of the denial by filing an appeal with the Planning Division whose decision shall be final and conclusive. PAGE 20 OF ORDINANCE NO. 96-02 b0 Proceedings. Proceedings on appeal shall be had under the procedural ordinance of the Town of Danville. The administration of these matters is referred to the Planning Commission. 10-21.6 Required Alterations and Improvements; Completion Time. All required alterations and improvements shall be completed within ninety (90) days after the issuance of a permit to move structures. The Building Inspector may extend the time period on submission of written proof by the holder of the permit that conditions beyond his or her control make it impossible to complete the required alterations and improvements within the ninety (90) day period 10-21.7 Nuisance Abatement. a0 Public Nuisance Declaration. Structures that are not completed according to the submitted plans and specifications within ninety (90) days of the date of issuance of the permit, and any extension of time that may have been granted by the Building Official, may be declared a public nuisance by the Town Council. Petition for Hearing. The Building Official shall file a written petition with the Council requesting a hearing to have the structures declared a public nuisance and setting forth a brief statement of the grounds therefor. Notice of Hearing. The Building Official shall notify the applicant, and any mortgagee or beneficiary under any deed of trust of record, at the last known address of the mortgagee or beneficiary, and if such address is unknown, then it shall be addressed to the County seat of the hearing before the Town Council at least thirty (30) days prior to the hearing date. The notice shall be given by sending a copy by registered or certified mail, postage prepaid, return .receipt requested, to the applicant, at the applicant's address as contained in his application. The notice shall state the conditions by which the structure is deficient from the submitted plans and specifications, and shall direct the applicant to appear before the Council and show cause why such structure should not be declared a public nuisance and the nuisance be abated as herein provided. Upon the conclusion of the hearing, the Council may, by resolution, declare its findings and may declare the structure to be a nuisance and direct the applicant to abate the same, within thirty (30) days after the date of posting on the premises a notice of the passage of the resolution, by having the structure properly moved, reconstructed, completed, or repaired, or by having the same razed or removed, and notifying the PAGE 21 OF ORDINANCE NO. 96-02 applicant that if the nuisance is not abated, the building will be moved, reconstructed, completed, repaired, razed, or removed by the Building Official and the expense thereof made a lien on the lot or parcel on which the structure is then situated. Abatement Jurisdiction. Thirty (30) days after the posting of the aforesaid resolution, the Building Official acquires jurisdiction to abate such nuisance by completion and reconstruction according to the submitted plans and specifications or by razing or removing the structure, whichever is of the least cost as determined by contract bids. The Building Official may have the contract executed under his direction and supervision, and the cost shall constitute a lien on the lot or parcel on which the structure is then situated. The abatement procedure is that set forth in Chapter 1, Section 1-5.1 and 1-5.2 of the Danville Municipal Code. eo Abatement Expenses; Property Lien. If the Building Official abates the nuisance, he shall mail a verified statement of expenses and notice of hearing when and where the statement shall be submitted to the Town Council for approval and confirmation, mailed in the manner prescribed above for notice of hearing to declare a public nuisance. The hearing on the statement of expenses shall be held not less than ten (10) days from the date of mailing, and the Council shall consider any objections or protests as may be raised by applicant or other interested persons. The Council may make such revision, correction or modification in the statement as it may deem just after which, by motion or resolution, the statement of expenses shall be confirmed. The amount of any cash bond deposited pursuant to subsection 10-20.4 shall be credited to the statement of expenses, or if the situation warrants, unused portions of the bond shall be refunded to the applicant upon presentation of the properly executed demand. The amount of expenses of abating the nuisance, if not paid within five (5) days, shall constitute a lien on the property, which lien shall continue until the amount thereof and interest thereon at the rate of seven (7%) percent compounded annually, computed from the date of confirmation until paid. Such lien shall be recorded within sixty (60) days of the date of confirmation and shall be on a parity with the lien of State, County and municipal taxes. 10-21.8 Penalty. Every violation of this section is declared to be a misdemeanor, punishable on conviction according to the provisions set forth in Chapter I, Section 1- 5. PAGE 22 OF ORDINANCE NO. 96-02 SECTION 3. SEVERABILITY. The Town Council hereby declares that every section, paragraph, clause and phrase are severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconsfitufionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION 4. PUBLICATION. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation once five days before its adoption and again within fifteen (15) days after adoption. SECTION 5. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. Sections One, Three, Four and Five shall not be codified in the Danville Municipal Code. The foregoing Ordinance was introduced on March 5, 1996, and adopted by the Danville Town Council at a Regular Meeting held on Tuesday, March 19, 1996, by the following vote: AYES: NOES: None ABSTAINED: None ABSENT: None Greenberg, Shimansky, Arnerich, Doyle, Waldo MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK F:~planning~gailey\94 ubcfin.al CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 96-02 of said Town and that said Ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 23 OF ORDINANCE NO. 96-02