HomeMy WebLinkAbout99-03 ORDINANCE NO. 99-03
REPEALING THE EXISTING CHAPTER 10 OF THE DANVILLE MUNICIPAL
CODE AND ADDING A NEW CHAPTER 10 RELATING TO BUILDING AND
HOUSING CODES
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 10 OF THE DANVIIJ,E MUNICIPAL CODE.
Chapter 10 of the Danville Municipal Code is hereby repealed in its entirety.
SECTION 2. FINDINGS.
Pursuant to the authority of Health and Safety Code Sections 17958.5 and 17958.7, the Town
Council of the Town of Danville finds that the administrative and nonadministrative changes to
the State Building Code set forth in this ordinance 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. Climatic conditions which are unique to the Town of Danville:
Upper and lower temperature extremes are present creating fluctuations in soils consistency and
building materials strengths and ratings.
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.
B. Geologic conditions which are unique to the Town of Danville:
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.
C. Topographic conditions which are unique to the Town of Danville:
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.
SECTION 3. ADOPTING A NEW CHAPTER 10 OF THE DANVILLE MUNICIPAL
CODE.
A new Chapter 10 is hereby adopted and added to the Danville Municipal Code to read as
follows:
CHAPTER 10 BUILDING AND HOUSING
10-1 UNIFORM ADMINISTRATIVE CODE.
10-1.1 Adoption. The Uniform Administrative Code, 1997 Edition as published by the
International Conference of Building Officials, is hereby adopted in its entirety, subject to the
changes, additions and deletions set forth below. The numbers used herein 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."
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."
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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, Spa & Hot Tub Code, the
Uniform Code For Building Conservation, the Uniform Code For The Abatement Of
Dangerous Buildings, the Uniform Security Code, the Uniform Fire 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.
Appeals filed regarding provisions in the Uniform Building Code, the Uniform
Plumbing Code, the Uniform Housing Code, the National Electric Code, the Uniform
Code For The Abatement Of Dangerous Buildings, the Uniform Swimming Pool, Spa
& Hot Tub Code, the Uniform Security Code, the Uniform Fire 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 heating 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 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.
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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 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
or Chapter 10 of the Danville Municipal 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
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 established
by resolution of 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 shall be the current Building Valuation Data as published by the Intemational
Conference of Building Officials (I.C.B.O.) in effect at the time the building valuation is
under consideration."
PAGE 4 OF ORDINANCE NO. 99-03
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. The plan review fee shall be as established by resolution of
the Danville Town Council.
The plan review fees specified in this section are separate and in addition to the permit
fees specified in Section 304.2.
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 established by
resolution of the Danville Town Council.
The plan review fees for electrical, mechanical and plumbing work shall be as
established by resolution of the Danville Town Council.
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 established by resolution of the Danville Town Council."
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 of 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."
10-2 BUILDING CODE.
10-2.1 Adoption. The Uniform Building Code, Volumes 1, 2 and 3, 1997 edition, and
including the Appendix, except for Appendix Chapter 29, Appendix Chapter 33 (Excavation
and Grading) and Appendix Chapter 34, Division I & II, as published by the International
Conference of Building Officials, and as adopted and amended by the California Building
Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its
entirety subject to the changes, additions and deletions set forth below. The numbers used
herein correspond to the section numbers in the Uniform Building Code.
PAGE 5 OF ORDINANCE NO. 99-03
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, 1997 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 fiberglass asphalt composition, 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 July 1,
1999, 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."
Disposition of Roof Drainage and Drainage From Other Impervious Surfaces. Section
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."
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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.
PAGE 6 OF ORDINANCE NO. 99-03
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 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 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."
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.
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-I, is limited to
single story R-3 and U-1 occupancies."
PAGE 7 OF ORDINANCE NO. 99-03
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 CODE.
10-3.1 Adoption.
The National Electric Code, 1996 Edition, and the Administrative Code Provisions for the
National Electrical Code, 1996 Edition as published by the National Fire Protection
Association, and as adopted and amended by the California Building Standards Commission
pursuant to Health and Safety Code Section 17922, are adopted in their entirety subject to the
changes, additions and deletions set forth below. The numbers used herein 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 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 301.3. Late Application, Penalty - Emergencies. A new subsection 301.3 is
added to Section 301 of the Administrative Division for the National Electrical Code to
read: "301.3 Late Permit Application and Penalty. Every person who begins electrical
work without first applying for and obtaining the permit(s) required therefor, shall apply
as soon as practicable. Any person who unreasonably delays in applying shall pay a
penalty equal to twice the amount of the permit fee and remain subject to other penalties
and enforcement procedures of this code.
Emergencies. This penalty shall not be imposed when the Building Official is satisfied
that the work was urgently necessary and that prior application was not practicable."
Section 304.1. Permit Fees. Section 304.1 of the Uniform Administrative Code
Provisions for the National Electrical Code is amended to read: "Section 304.1 Permit
Fees. The electrical permit fee shall be as established by resolution of the Danville
Town Council."
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Section 304.2. Plan Review Fees. Section 304.2 of the Uniform Administrative Code
for the National Electrical Code is amended to read: "304.2 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. The plan review fees for electrical work shall
be as specified by Section 10-1.1 of this Chapter."
Section 305.6. Authority. A new subsection 305.6 is added to Section 305 of the
Administrative Division for the National Electrical Code to read: "305.6 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."
Section 305. 7. Time of Service. A new subsection 505.7 is added to Section 305 of the
Administrative Division for the National Electrical Code to read: "305.7 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 306.2. Temporary Connections; Required Conditions. Section 306.2 of the
Administrative Division for the National Electrical Code is amended by adding the
following: "306.2 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, unless authorized by the Building Official (see NEC
Article 305).
The temporary use of electrical current through any electrical equipment may be
allowed, 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.
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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 306.3. Inspectors Approval Required. A new subsection 306.3 is added to
Section 306 of the Administrative Division for the National Electrical Code to read:
"306.3 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."
Section 306.4. Unlawful Reconnection. A new subsection 306.4 is added to Section
306 of the Administrative Division for the National Electrical Code to read: "306.4
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 306.5. Unlawful Wiring, Electric Fences, Warning. A new subsection 306.5 is
added to Section 306 of the Administrative Division for the National Electrical Code to
read: "306.5 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.
PAGE 10 OF ORDINANCE NO. 99-03
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 two
hundred feet, and in letters at least one inch high."
Section 306.6. Aluminum Wiring. A new subsection 306.6 is added to Section 306 of
the Administrative Division for the National Electrical Code to read: "306.6
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. 7. Conductors - Minimum Ampacity and Size. A new subsection 306.7 is
added to Section 306 of the Administrative Division for the National Electrical Code to
read: "306.7 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 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, 1997 Edition, as published
by the International Association of Plumbing and Mechanical Officials, and as adopted and
amended by the California Building Standards Commission pursuant to Health and Safety Code
Section 17922, is adopted in its entirety subject to the changes, additions and deletions set forth
below. The numbers used herein correspond to the section numbers in the Uniform Plumbing
Code.
Section 101.4.1.4 Conflicts between codes. Section 101.4.1.4 of the Uniform
Plumbing Code is amended to read: "101.4.1.4 Conflicts Between Codes. When the
requirements within the jurisdiction of this plumbing code conflict with the
requirements of the mechanical code, the prevailing standards shall be determined by
the Building Official."
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: "102.2.5.1o 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.
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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 as established
by resolution of the Danville Town Council°"
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 as
specified by Section 10-1.1 of this Chapter."
10-5 UNll*ORM MECHANICAL CODE.
10-5.1 Adoption. The Uniform Mechanical Code, 1997 Edition, as published by the
Conference of International Building Officials, and as adopted and amended by the California
Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted
in its entirety subject to the changes, additions and deletions set forth below. The numbers used
herein 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 as established by
resolution of the Danville Town Council."
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 10-1.1 of this Chapter."
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, 1997 Edition, as
published by the International Association of Plumbing and Mechanical Officials is adopted in
its entirety subject to the changes, additions and deletions set forth below. The numbers used
herein correspond to the section numbers in the Uniform Swimming Pool, Spa and Hot Tub
Code.
Section 1. Z 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. This section is
superseded by section 205 of the Uniform Administrative Code as amended by Section
10-1.1 of this Chapter."
PAGE 12 OF ORDINANCE NO. 99-03
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. A fee shall be paid in accordance with_the fee
schedule established by resolution of 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.
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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 10-1.1 (c).
10-7 UNIFORM HOUSING CODE.
10-7.1 Adoption. The Uniform Housing Code, 1997 Edition, as published by the International
Conference of Building Officials, and as adopted and amended by the Califomia Building
Standards Commission pursuant to Health and Safety Code Section 17922, is hereby adopted in
its entirety.
10-8 GRADING. RESERVED.
10-9 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS.
10-9.1 Adoption. The Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, as published by the International Conference of Building Officials is hereby adopted
in its entirety°
10-10 UNIFORM BUILDING SECURITY CODE.
10-10.1 Adoption. The Uniform Building Security Code, 1997 Edition, as published by the
International Conference of Building Officials is hereby adopted in its entirety subject to the
PAGE 13 OF ORDINANCE NO. 99-03
changes, additions and deletions set forth below. The numbers used herein correspond to the
section numbers in the Uniform Building Security Code.
Section 1028.1. Illuminated House Numbers. A new section 1020.1 is added to the
Uniform Security Code to read: "1020.1 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 RESERVED.
10-13 UNIFORM BUILDING CODE STANDARDS.
10-13.1 Adoption. The Uniform Building Code Standards, 1997 Edition, as published by the
International Conference of Building Officials, is hereby adopted in its entirety.
10-14 UNIFORM FIRE CODE.
10-14.1 Adoption. The 1997 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, II-J, III-A, III-B, III-
C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, VI-G, VI-H, VI-I, including
the changes, additions and deletions as adopted in Ordinance 17 of the San Ramon Valley Fire
Protection District and subject to the change set forth below. The numbers used herein
correspond to the section numbers in the Uniform Fire Code.
Section 902.2.2.1, Exception 2. Section 902.2.2.1, Exception 2 of the Uniform Fire
Code is amended to read: "Section 902.2.2.1, Exception 2. Fire access road widths
may be modified when in the opinion of the Fire Chief, with the cooperation of the local
agency, such reduction does not impair access by fire apparatus and approved sings and
red curbing are installed and maintained indicating 'No Parking Fire Lane'."
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.
PAGE 14 OF ORDINANCE NO. 99-03
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 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.
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;
3. 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.
Fee for Investigation and Report. The completed application shall be accompanied by a
fee for investigation and report as established by resolution of the Danville Town
Council.
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.
Processing. Every application for a permit to move a structure shall be processed as set
forth in paragraphs f. through h.
PAGE 15 OF ORDINANCE NO. 99-03
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.
go
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.
Inspect the building to determine whether the building when in place and completed,
will have a f'mished appearance and will be aesthetically compatible with the other
properties in the vicinity;
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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 mount 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.
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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 16 OF ORDINANCE NO. 99-03
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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 Official 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.
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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.
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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 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
PAGE 17 OF ORDINANCE NO. 99-03
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.
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.
SECTION 4. CODIFICATION.
Section 3 of this ordinance shall be codified in the Danville Municipal Code.
SECTION 5. ADOPTION OF CODES BY REFERENCE.
As set forth in Section 3 of this ordinance, the Danville Town Council adopts by reference
the following primary codes, as modified by Section 3 of this ordinance and by the State of
California Building Standards Code: the Uniform Administrative Code, the Uniform
Building Code, the National Electrical Code, the Uniform Plumbing Code, the Uniform
Mechanical Code, the Uniform Swimming Pool, Spa and Hot Tub Code, the Uniform
Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform
Building Security Code, the Uniform Building Code Standards and the Uniform Fire Code,
as modified by Ordinance No. 17 of the San Ramon Valley Fire Protection District. These
codes are adopted pursuant to the authority of Government Code Section 50022.2.
PAGE 18 OF ORDINANCE NO. 99-03
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once within
five (5) days before its adoption and once within 15 (fifteen) days after adoption. This
ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on May 4, 1999 and approved and adopted by the
Danville Town Council at a regular meeting held on June 1, 1999, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Arnerich, Greenberg, Doyle, Shimansky, Waldo
None
None
None
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a
tree and accurate copy of Ordinance No. 99-03 of said Town and that said ordinance was
published according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 19 OF ORDINANCE NO. 99-03