Gilroy City Council
August 18, 2025

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

the footing is based upon a specified compressive strength of concrete greater than 2,500 psi, and this is necessary due to expansive (clay) soils and seismic activity common to this geological area.
(15) Amend Section 1808.1 by adding the following to the end of the section to read as follows:

All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect.

Reason for amendment: Amending the Code to require all new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect, and this is necessary due to expansive (clay) soils and seismic activity common to this geological area.
(16) Adopt the following Appendix:

Appendix J - Grading
(17) Add subsections to Section J110 Erosion Control to read as follows:

J110.3 Erosion Control.
a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information:

1. Maximum surface runoff from the site as calculated using the method approved by the Building Official.

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and methods of applying mulches to be used.

3. A delineation and brief description of vegetative measures to be taken, including but not limited to, seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.
b. No improvements planned. Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must:

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

1. Submit an Interim Plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved.

2. Submit a request for release after the completion of grading. c. Work Schedule. The applicant must submit a master work schedule showing the following information:

1. Proposed grading schedule.

2. Proposed conditions of the site on each July 15, August 15, September 15, and October 15 during which the permit is in effect.

3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion control devices and vegetative measures on each of the dates set forth in Subsection (2).

4. Schedule for construction of final improvements, if any.

5. Schedule for installation of permanent erosion and sediment devices where required.
d. Season Work (October 15 to April 15).

1. For commencement of the grading during the wet season, applicant must provide special documentation, as required by Building Official, showing the reasons other than financial, for the need to commence at that time.

2. For continuation of activities, other than installation, maintenance or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive in writing from the Building Official, every five (5) working days, special permission to proceed.

3. The Building Official shall grant permission under this subsection on the basis of weather forecasts, experience and other pertinent factors, which indicate the activity, may occur without excessive erosion occurring.

J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance.

J110.5 Archeological Discovery. If in the course of any grading operation, any artifacts, human remains, or substantial fossils are discovered, all grading operations shall cease, and the discovery site shall be suitably marked and protected from further damage. A report of such findings shall be as outlined in the Zoning Ordinance.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Specifically, if human remains are discovered, the Sheriff-Coroner and the Building Official shall be notified. If no human remains are discovered, but artifacts or significant fossils are discovered, the Building Official shall be notified.

J110.6 Administration and Enforcement.

J110.6.1 Work Stoppage. Whenever the Building Official determines that the work does not comply with the terms of the permit or of this Ordinance Section, they may order the immediate cessation of all work hereunder until such corrective measures have been completed.

J110.6.2 Right of Entry. Whenever the Building Official or designated subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion and/or a violation of this Ordinance Section, they may enter such site at all reasonable times to inspect the same, to perform any duty imposed upon them by this Ordinance Section; providing that if such premises are occupied, they shall first present proper credentials and request entry, and if the premises are found to be unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of said premises and request entry. If such entry is refused or the owner or person having charge or control cannot be located after reasonable effort, the Building Official shall have recourse to every remedy provided by law to secure entry and abate the erosion or violation.

J110.6.3 Notification of Violation. Any person found to be in violation of the provisions of this Ordinance Section shall be required to correct the problem upon written notification from the Building Official or designated subordinate(s). Such written notification may require that certain conditions be adhered to in the correction of the problem. These may include, but are not limited to, the following:
a. Use of specific erosion control techniques
b. Submittal of plans and specifications to be approved by the Community Development Department, and any other department affected by such work, prior to the commencement of corrective work.
c. Completion of corrective work within a specified time period.

J110.6.4 Abatement of Violation. If the responsible party fails to act in response to written notification of the Building Official, the violation may be declared a public nuisance and be abated as required to restore the site to its original condition. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, or other body of water, or significant habitat or archeological site, the Building Official may have the necessary corrective work done and bill the property owner or lien the property for repayment.

J110.6.5 Penalties.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating, or causing or permitting the violation of any of the provisions of this Ordinance Section shall be subject to citations and penalties set forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A. b) Each separate day or portion thereof during which any violation occurs or continues without a good faith effort by the responsible person to correct the violation, shall be deemed to constitute a separate offense. c) In addition to the above noted penalties, the Building Official is hereby authorized to attach an investigation fee up to twice the grading permit fee, to any such permit issued for corrective action.

J110.6.6 Enforcement. The Building Official and or their designated subordinate(s) is hereby authorized and directed to enforce all the provisions of this Ordinance Section. For such purpose, the Building Official shall have the powers of a law enforcement officer.

J110.6.7 Appeals. Any person who believes the Building Official has erred in the technical application of this Ordinance Section may appeal such action to the Building Board of Appeals.

Reason for amendment: Geological II.
(b) Amendments to the Residential Code
(1) Amend Section 1.8.4.2 to read as follows:

1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee Schedule.

Reason for amendment: The City adopts the Comprehensive Fee Schedule annually. All Building and development fees shall be assessed in accordance with the most current and adopted Comprehensive Fee Schedule.
(2) Amend Section R105.7 to read as follows:

R105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

Reason for amendment: Clarifies that the approved plans and documentations are at the job site for the inspector and contractor to follow.
(3) Amend Section R108.2 to read as follows:

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alternations requiring a permit, a fee for each permit shall be paid as required by the adopted current adopted City of Gilroy Comprehensive Fee Schedule.

Reason for amendment: The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule. All Building and development fees shall be assessed in accordance with the most current and adopted Comprehensive Fee Schedule. (4) Amend Section R108.6 to read as follows:

R108.6 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by the current City of Gilroy Comprehensive Fee Schedule approved by the city council.

Reason for amendment: The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule. All Building and development fees shall be assessed in accordance with the most current and adopted Comprehensive Fee Schedule. Doubling the permit fee is a standard procedure from prior practice and adopted codes. (5) Add Section R108.7 to read as follows:

R108.7 Plan review fees. When a plan review requires a plan checking fee, the fee shall be paid at the time of submitting plans, calculation and specifications for checking. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee may be charged as deemed necessary by the building official at an hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city council.

Reason for amendment: Provides clarification of when plan review fees are paid and maintains consistency with prior adopted code cycles that additional fees may be charged as deemed necessary by the Building Official at an hourly rate as established in the most current and adopted Comprehensive Fee Schedule.
(6) Add Section 109.5 to read as follows:
109.5 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Reason for amendment: The building official amends and adds this new section to require that the inspection card be available at the job site. The inspection card contains inspection description and building inspector signoff information to allow the inspector to follow through on each permit.
(7)Adopt the following Appendix:

Appendix BG – Sound Transmission
(c) Amendments to the Electrical Code
(1) Amend Section 230.2 by adding subsection (F) to read as follows:
230.2(F). Underground Service. All new electrical services shall be underground and installed per Section 230.30, Underground Service-Lateral Conductors. In existing commercial and industrial areas, existing overhead utilities shall be placed underground in connection with new development. In existing residential areas of the city in which development has occurred with overhead utilities in or along the frontage of properties, existing utilities shall be placed underground in connection with the development or redevelopment of property consisting of four (4) or more dwelling units.

Reason for amendment: Section is amended to require undergrounding for new electrical services. Section is also amended to remain consistent with the Gilroy Municipal code Chapter 21 Section 21.114 titled Undergrounding required with new streets and development. Many buildings in Gilroy are located in high wind areas. Due to this local climatic condition, amending the Code to provide for elimination of overhead services that are inherently less safe in the event of windstorms will provide a higher level of safety.
(2) Amend Section 230.70(A) by adding subsection (4) to read as follows:
(4) Main Service Disconnect Location. The building main service disconnect and/or disconnects shall be installed on the first-floor level of the building, in accordance with 230.70(A)(l), (A)(2), and (A)(3).

Reason for amendment: Quick access to the buildings main service disconnect is critical for emergency services. This amendment provides a quicker means of finding the location of the main power disconnects to buildings in the event of seismic events and other emergencies. This critical as Gilroy is located in an area of high seismic activities. (3) Amend Section 250.50 by adding subsection (A) to read as follows:

Main 250.50(A). Grounding System in New Buildings. Grounding electrode systems in all new buildings shall be an electrode encased by at least 50 mm (two

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

inches) of concrete, located horizontally near the bottom or vertically, and within that portion of a concrete foundation or footing that is in direct contact with earth. The electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not less than 13 mm (½ inch) diameter or consisting of at least 6.0 m (20 feet) of bare copper conductor not smaller than 4 AWG. The connection side of this concrete-encased electrode shall be located remotely away from the main electrical service equipment.

Reason for amendment: Amending the Code allows significantly higher assurances that the grounding of the building electrical system will not deteriorate and fail due to the properties of local soils. Other types of grounding, such as rods, maybe subject to deterioration in local soils, whereas an encased electrode will not be in contact with the soils. Providing a concrete-encased electrode enhances the capability of keeping electrical systems grounded, which is important for electrical services in the City of Gilroy.
(4) Adopt the following Annex:

Annex A – Product Safety Standards
Annex B – Application Information for Ampacity Calculation Annex C – Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires of the Same Size
Annex D – Examples
Annex F – Availability for Critical Operations Power Systems; and Development and Implementation of Functional Performance Tests (FPTs) for Critical Operations Power Systems
(d) Amendments to the Mechanical Code
(1) Adopt no amendments.
(e) Amendments to the Plumbing Code
(1) Amend Section 604.3 to read as follows:
604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for potable water piping shall have a weight of not less than type “L”.

Reason for amendment: Most of the surface soils in the Santa Clara Valley is relatively young and unconsolidated sedimentary materials formed from a wide variety of parent materials. The varying chemical composition, degree of weathering, and the relatively acid environment have created soils of varying types, which are particularly corrosive in nature.
(2) Add Section 719.1.1 to read as follows:

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

719.1.1 Clean-outs shall be installed on private property adjacent to property line where the private sewer system connects to the public sanitary sewer lateral. All such line clean-outs shall be extended to grade with materials according to specifications approved by the Administrative Authority and terminate within a listed and labeled box.

Exception: If the lateral does not exceed 12 ft. from the back of sidewalk to the building drain clean-out, the run must be substantially straight.

Reason for amendment: This amendment is to comply with City of Gilroy sewer standard SWR-5B.
(3) Adopt the following Appendix:

Appendix A – Recommended Rules for Sizing the Water Supply System Appendix B – Explanatory Notes on Combination Waste and Vent Systems Appendix C – Alternate Plumbing Systems
Appendix D – Sizing Storm Water Drainage Systems
Appendix I – Installation Standards
Appendix M – Peak Water Demand Calculator
(f) Amendments to the Energy Code
(1) Adopt the following Appendix:

Appendix 1-A – Standards and Documents Referenced in the Energy Code Appendix 1-B – Energy Commission Documents Incorporated by Reference in Their Entirety
(g) Amendments to the Historical Building Code
(1) Adopt no amendments.
(h) Amendments to the Existing Building Code
(1) Adopt the following Appendix:

Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings
Appendix A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Appendix A5 – Referenced Standards
(i) Amendments to the Property Maintenance Code
(1) The codes, standards, and references in this code shall be revised as follows:

Delete the following references Insert the following references • International Building Code
• International Mechanical Code
• National Electrical Code
• International Fire Code
• International Plumbing Code
• International Existing Building Code
• International Residential Code
• International Energy Conservation Code
• International Green Construction Code
• International Zoning Code
• International Fuel Gas Code
• Name of Jurisdiction
• Jurisdiction to insert appropriate schedule
• Board of appeals
• 2025 California Building Code
• 2025 California Mechanical Code
• 2025 California Electrical Code
• 2025 California Fire Code
• 2025 California Plumbing Code
• 2025 California Existing Building Code
• 2025 California Residential Code
• 2025 California Energy Code
• 2025 California Green Building Standards Code
• City of Gilroy Zoning Ordinance
• No reference
• City of Gilroy
• City of Gilroy Comprehensive Fee Schedule
• Hearing Officer
(2) Amend Section 102.4 to read as follows:
102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the correction of any code violation or the removal or demolition of any structure that is dangerous, unsafe, or insanitary.

Reason for amendment: To be consistent with Municipal Code Section 5B.9. (3) Amend Section 105.3 by adding the following to the end of the section to read as follows:

Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means.

Reason for amendment: To clarify the process of cost recovery where the Right of Entry for inspection of a premise or structure is refused.
(4) Amend Section 106.1 to read as follows:
106.1 Means of appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the hearing officer, provided that a written application for appeal is filed within 20 days

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

Reason for amendment: Gilroy Municipal Code Chapter 6A has already established an appeal process through the Administrative Hearing Officer. (5) Delete Section 106.2 Limitations of authority through Section 106.4 Administration. (6) Amend Section [A] 107.1 to read as follows:
107.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premise, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or the technical codes.

Reason for amendment: To agree with 2022 California Building Code Sec. 114.1 (7) Amend Section [A] 107.5 by adding the following to the end of the section to read as follows:

Procedures used and actions taken to correct or abate violations are not limited by this code. Procedures used and actions taken under this code may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property.

Reason for amendment: To be consistent with Municipal Code Section 5B.9. (8) Amend Section 109.1 to read as follows:
109.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Reason for amendment: The section focused on condemnation only. It has been revised to more closely follow the language from Section 202 of the 1997 Abatement of Dangerous Buildings Code.
(9) Amend Section 109.1.4 to read as follows:

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

109.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Reason for amendment: Incorporated portions of 1997 Abatement of Dangerous Buildings Code Section 302 (18).
(10) Amend Section 109.1.5 by adding the following paragraph to the end of the Section:

Whenever exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

Reason for amendment: Section 302 (10) of the 1997 Abatement of Dangerous Buildings Code clearly establishes this method to determine when a building or its structural elements are excessively and/or dangerously leaning.
(11) Amend Section 109.2 by deleting the words “of condemnation”:

Reason for amendment: The section referenced posting the structure for condemnation only; however, we post several different types of placards. (12) Amend Section 109.5 to read as follows:
109.5 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor.

Reason for amendment: To include the terms “Notices” and “Placards” referenced in 2021 IPMC 111.4 & 111.7 and comply with 1997 Uniform Housing Code Sec. 1104.2 and 1997 Abatement of Dangerous Buildings Code Section 404.1. (13) Amend Section 109.7 to read as follows:
109.7 Placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code or the technical codes and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

regarding the structure, equipment, or premise, and specify the conditions which necessitated the posting.

Reason for amendment: The section focused on posting structures or equipment for condemnation only; however, we use several different types of postings. (14) Amend Section 109.7.1 to read as follows:
109.7.1 Placard removal. The code official shall remove the placard whenever the defect or defects upon which the placarding action was based has been eliminated.

Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code.

Reason for amendment: The section focused on posting structures or equipment for condemnation only; however, we use several different types of placards/postings. (15) Amend Section 109.8 to read as follows:
109.8 Prohibited occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code officials posted order.

Reason for amendment: The section focused on posting structures or equipment for condemnation only; however, we use several different types of posting. (16) Add Section 109.10 to read as follows:
109.10 Recordation of notices and orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property, and that the premise, building, structure or building service equipment is in violation of this code or the technical codes or other regulation applicable to buildings or structures or property.

Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, and when all fines, fees, penalties, and incurred costs associated with the property have been satisfied, the code official shall issue a new certificate certifying that all required corrections have been made.

Reason for amendment: To comply with the recordation guidelines in the 1997 Abatement of Dangerous Buildings Code Section 402.
(17) Amend Section 202 definition for Dwelling Unit to read as follows:

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

[A] DWELLING UNIT. A single unit, whether part of a multiple unit complex, or a detached individual residential dwelling, that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. “Recreational vehicles” as defined by Gilroy Zoning Ordinance Section 30.2.20 shall not be used or classified as Dwelling Units and must at all times be stored with pop-outs closed and utilities disconnected in compliance with Gilroy Zoning Ordinance Section 30.33, unless they are located in an approved mobile home park or RV park.

Reason for amendment: To clarify that recreational vehicles are not dwelling units for the purposes of this code.
(18) Amend Section 202 definition for Garbage to read as follows:

GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code Section

12.1. Reason for amendment: Gilroy Municipal Code Section 12.1 has already defined this term.
(19) Amend Section 202 definition for Inoperable Motor Vehicle to read as follows:

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons including but not limited to being registered nonoperational, unlicensed, wrecked, abandoned, in a state of disrepair, missing components, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

Reason for amendment: To include the intent of Gilroy Municipal Code Sec. 5C.8(b) and Sec. 15.111.
(20) Amend Section 202 definition for Rubbish to read as follows:

RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code Section

12.1. Reason for amendment: Gilroy Municipal Code Section 12.1 has already defined this term.
(21) Amend Section 301.3 by adding the following paragraph to the end:

The storage of any motor vehicle, special mobile equipment, truck, boat, travel trailer, aircraft, camper, mobile home, recreational vehicle, motorcycle, appliance, furniture or the storage or accumulation of garbage, refuse or rubbish as defined by

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Gilroy Municipal Code Chapter 12 or the storage of any boxes or similar storage containers, household items or residential belonging or similar objects, materials of any kind or the storage or placement of any building or structure including permit exempt storage buildings or structures, on any vacant parcel without approval of the City of Gilroy is prohibited.

Reason for amendment: To clarify uses and activities that are not allowed on vacant parcels.
(22) Amend Section 302.1 to read as follows:
302.1 Sanitation. Exterior property areas and premises shall be maintained by the property owner in a clean, safe, and sanitary condition. In residential zones, accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches, carports, or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy-two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Gilroy Municipal Code Section 13.1(b) shall also comply with the requirements of Municipal Code Section 5B.2(d)(1).

Reason for amendment: The property owner is always held responsible for the proper maintenance of their property.
(23) Amend Section 302.2 by adding the following sentence at the end of the section:

Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Reason for amendment: To comply with 2022 California Building Code Section J109.4. (24) Amend Section 302.3 by adding the following paragraph at the end:

The owner of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe and sanitary condition. Maintenance shall include the removal and proper disposal, by methods approved by the City of Gilroy, of any dangerous, unsightly and unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other substances or items, which have been placed, dropped or spilled upon the sidewalks. Where said

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

unsightly or unsanitary conditions have been created or caused by the owner of such building, lot or premises, whether upon the sidewalks and/or walkways located upon his premises or the public sidewalks between such premises and any adjacent public street or alley, or the sidewalks adjacent to buildings, lots or premises in the vicinity, the owner shall immediately restore the sidewalks and/or walkways to a clean, safe and sanitary condition.

Reason for amendment: This amendment clarifies the specific exterior property area requirements referenced by Section 302.1 Sanitation.
(25) Amend Section 302.4 to read as follows:
302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit excess weeds or vegetation over twelve (12) inches to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. Where overgrown weeds, vegetation, shrubbery, vines or trees, create an encroachment, harborage or shelter; the code official shall require the property owner to trim, cut, destroy or remove the overgrowth, and/or raise the vegetation canopy to a height of seven feet above the ground. All noxious weeds shall be prohibited. Weeds shall be defined per Municipal Code Section 12.45.

Upon failure of the owner or agent having charge of a property to cut and destroy excess weeds or vegetation after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the City of Gilroy. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property in violation and cut and destroy the weeds or excess vegetation growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

Reason for amendment: This section is revised to comply with Municipal Code Section

12.45 and 12.46.
(26) Amend Section 302.8, Exception to read as follows:

Exception: An owner, lessee, or occupant of the property may repair, wash, clean, or service personal property, provided they comply with Gilroy Zoning Ordinance and Municipal Codes requirements.

Reason for amendment: This section is revised to comply with Zoning Ordinance and Municipal Code requirements.
(27) Amend Section 303.2 to read as follows:

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds containing water more than 18 inches in depth shall be completely enclosed by a fence, wall or other barrier not less than 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost. The vertical clearance from the ground to the bottom of the enclosure shall be a maximum of two inches (2”). The maximum vertical clearance at the bottom of the barrier may be increased to four inches (4”) when the grade is a solid surface such as a concrete deck. On wood fences with horizontal members spaced less than forty-five inches (45”) apart, the horizontal members shall be placed on the poolside of the barrier. The outside surface of the enclosure shall be free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. Existing pool enclosures shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.

Reason for amendment: To comply with Gilroy Residential Swimming Pool & Spa Guidelines, and California Health and Safety Code Swimming Pool Safety Act, Section 115920-115929.
(28) Delete Section 304.3 Premises identification.

Reason for amendment: Gilroy Municipal Code Section 6.24(b)(1) has already established a standard for premises identification.
(29) Amend Section 304.7 to read as follows:
304.7 Roofs and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Damaged or deteriorated roofs and flashing shall be repaired as expeditiously as possible. When emergency temporary roof repairs require the installation of tarps or plastic sheeting to prevent leaks, the temporary repairs shall not extend beyond one month, unless approved by the Code Official. Such temporary repairs must have all edges of the material fastened and restrained with sufficient tension to prevent movement or flapping in the wind. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Reason for amendment: To address California Health and Safety Code Section 17920.3(a)(14) improper.
(30) Amend Section 304.14 first sentence by deleting the words: “During the period from [DATE] to [DATE],”
Reason for amendment: Insect screens are always required to be in working conditions. (31) Amend Section 304.15 to read as follows:
304.15 Doors. Exterior doors, door assemblies, including weather stripping, thresholds, closers and operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

Reason for amendment: To comply with California Health and Safety Code Section 17920.3.
(32) Amend Section 304.16 to read as follows:
304.16 Under-Floor areas. Under-floor access doors, hatchways and ventilation openings shall be maintained to prevent the entrance of rodents, rain, and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding ¼ inch in any dimension or alternate approved materials pursuant to 2021 California Building Code Section 1203.

Reason for amendment: To comply with California Health and Safety Code Section 17920.3.
(33) Amend Section 304.18.2 to read as follows:
304.18.2 Windows. Operable windows that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform.

Reason for amendment: To comply with California Civil Code Section 1941.3(a)2 (34) Amend Section 305.1, first sentence, to read as follows:
305.1 General The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Reason for amendment: To comply with California Health and Safety Code Section 17920.3(a)14.
(35) Amend Section 305.6 to read as follows:
305.6 Interior Doors. Every interior door, frame and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed, and latched. Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

Reason for amendment: To comply with California Health and Safety Code Section 17920.3(a)14.
(36) Amend Section 308.3.1 to read as follows:
308.3.1 Garbage facilities. The owner of every dwelling unit or the proprietor, manager, owner or lessee of any hotel, restaurant, boardinghouse, rooming house or other place of business in the city shall be responsible for providing approved leak-proof, covered, outside garbage receptacles for each dwelling unit or place of business pursuant to Gilroy Municipal Code Section 12.18. Receptacles and storage areas shall be at all times kept in a sanitary condition. Receptacles shall be placed for collection in the alley behind the premises, or if there is no alley access, then on the front curb in front of the premises being served, or such other place as may be approved by the director of public works or the garbage contractor, so as to be readily accessible for removing and emptying the same. Receptacles shall be placed in the proper area for collection the evening prior to collection and shall be removed and stored at an approved location by the morning after. For dwelling units, receptacles shall be stored in the side yard, fully concealed behind a fence or gate immediately adjacent to the house or garage. Where the code official repeatedly finds a site in violation of Municipal code section 5B.2(2) or 5C.7, he or she may require the property owner to provide an additional or larger outside garbage container for the premise to use.

Reason for amendment: To comply with Gilroy Municipal Code Chapter 5 and Section

12.18 and 12.19.
(37) Amend Section 309.1 to read as follows:
309.1 Infestation. All structures shall be kept free from insect, rodent, vermin, or other infestations. When an insect, rodent, vermin or other infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

infestation including in the report a recommendation for proper extermination or elimination of the infestation. All structures and/or areas in which infestations are found, shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

Reason for amendment: California Health and Safety Code Sec 17920.3(12) states “Infestation of insects, vermin, or rodents as determined by the health officer” renders dwelling units substandard. The language has been amended to clarify the process. (38) Amend Section 309.2 to read as follows:
309.2 Owner. The owner of any structure or premise shall be responsible for extermination within the structure or premise prior to renting or leasing the structure or premise. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house, or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/or pest-free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise “as clean and sanitary as the condition of the structure or premise permits”. For as long as the occupant’s failure either substantially causes an unlivable condition to occur, or substantially interferes with the owner’s ability to repair the condition, the owner does not have to repair the condition. Where defects in a structure substantially contribute to or cause an infestation, the owner shall be responsible for correction of the defect and extermination of the infestation.

Reason for amendment: To agree with California Civil Code Section 1941.2(a). (39) Delete Section 309.3 Single Occupant through Section 309.5 Occupant.

Reason for amendment: Comply with California Tenants Handbook guidelines. (40) Delete Section 404.5 Overcrowding through Section 404.6 Efficiency unit.

Reason for amendment: Overcrowding is regulated by 1997 Uniform Housing Code Section 503.2 and Efficiency Units are regulated by California Building Code Section 1208.4.
(41) Amend Section 505.3 by adding the following sentence to the end of the Section:

Where there’s damage or unauthorized modification to or use of a backflow prevention device, the code official may require theft prevention cages or enclosures to be installed.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Reason for amendment: To address California Health and Safety Code Section 17920.3(a)(14) improper maintenance.
(42) Amend Section 505.4:

Delete the words: “adequate combustion air is provided” and replace with the words: “the installation complies with Chapter 5 of the California Plumbing Code and Section 904.0 of the 2022 California Mechanical Code” Reason for amendment: To comply with California Plumbing and Mechanical code requirements.
(43) Amend Section 506.2 by adding the following sentence to the end of the Section:

Sewer line cleanout plugs, or caps shall be of an approved type and shall be securely installed and remain in place at all times except when servicing the drain line.

Reason for amendment: To address California Health and Safety Code Section 17920.3(a)(14) improper maintenance.
(44) Amend Section 602.2 to read as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances, fireplaces and portable heaters shall not be used as a means to achieve compliance with this section.

Reason for amendment: To align with the Uniform Housing Code Section 701.1 requirements.
(45) Delete the Exception in Section 602.2.

Reason for amendment: The Uniform Housing Code has always used 70 degrees as the standard. The IPMC has revised this standard to 68 degrees and the exception creates a reduction to 65 degrees. This is considered too low for this area. (46) Amend Section 602.3 by deleting the words “during the period from [DATE] to [DATE],”
Reason for amendment: Ability to heat the dwelling unit is required year-round. (47) Amend Section 602.3, Exception 1, last sentence to read as follows:

The winter outdoor design temperature for the locality shall be 32oF.

Reason for amendment: The Appendix D reference to the Plumbing Code did not clearly specify the temperature.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

(48) Delete Section 602.3 Exceptions 2.

Reason for amendment: The Uniform Housing Code has always used 70 degrees as the standard. The IPMC has revised this standard to 68 degrees and the exception creates a reduction to 65 degrees. This is considered too low for this area. (49) Delete Section 602.4 Occupiable work spaces
Reason for amendment: This is primarily enforced by Cal OSHA. (50) Amend Section 603.1 to read as follows:

Mechanical equipment, kitchen hoods, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing their intended function. When new mechanical equipment is installed and the old equipment is no longer in use, the old equipment must be removed from the structure. Openings left in the walls, floors or ceilings must be properly repaired and painted. Electrical circuits and gas lines must be properly abandoned and inspected.

Reason for amendment: To address California Health and Safety Code Section 17920.3(a)(14) improper maintenance.
(51) Amend Section 604.3 to read as follows:
604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons including the improper use of extension cords as permanent wiring, the code official shall require the defects to be corrected to eliminate the hazard.

Reason for amendment: To comply with Electrical Code requirements. (52) Amend Section 605.3 by adding the following sentence to the end of the Section:

No unobstructed beam of exterior lighting shall be directed outward from a site toward any residential use or public right-of-way.

Reason for amendment: To comply with Gilroy Zoning Code Section 30.50.44(c) guidelines.
(53) Adopt the following Appendix:

Appendix A – Boarding Standard
(j) Amendments to the Swimming Pool and Spa Code

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

(1) Adopt no amendments.
(k) Amendments to the Green Building Standards Code
(1) Add to Section 202 Definition as follows:

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

Reason for amendment: Amending the code is essential to reduce GHG emissions, mitigate climate change effects, and provide access to EV receptacle. (2) Amend Section 4.106.4.1 title to read as follows:

4.106.4.1 One- and two-family dwellings and town-houses with private garages.

Reason for amendment: Removed the word “attached” between "with" and "private" to clarify that a Level 2 EV Ready receptacle shall be provided in attached or detached private garages.
(3) Amend Section 4.106.4.1.1 to read as follows:

4.106.4.1.1 New Construction. One parking space per dwelling unit shall be a Level 2 EV Ready space.

Reason for amendment: Clarify that a Level 2 EV Ready receptacle shall be provided in new one- and two-family dwellings and townhouses with private garages. (4) Amend Section 4.106.4.4.1 to read as follows:

4.106.4.4.1 Short-term bicycle parking for multifamily buildings, hotels and motels. Provide on-site bicycle parking at a ratio of one parking space for every 5% of visitor parking, but not less than two spaces. Short-term bicycle parking shall be located within 200 feet of building entrances, and readily visible to passers-by. Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to:

1. Permanently anchored bicycle parking devices, racks, or lockers in an unsheltered, open area.

2. Covered or uncovered enclosures with permanently anchored bicycle parking devices or racks.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Reason for amendment: The current code requires “one bicycle parking space for every 5% of visitor parking,” while the proposed code mandates “one bicycle parking space per 10,000 square feet.” This amendment aims to maintain existing “one” short term bicycle parking for every “5%” of visitor parking requirements to ensure continued consistency. (5) Amend Section 4.106.4.4.2 to read as follows:

4.106.4.4.2 Long-term bicycle parking for multifamily buildings. Provide onsite bicycle parking at a ratio of one parking space for every one dwelling units.

Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to:

1. Covered, lockable enclosures with permanently anchored bicycle parking devices or racks.

2. Lockable bicycle storage rooms with permanently anchored bicycle parking devices or racks.

3. Lockable, weatherproof, permanently anchored bicycle lockers.

Reason for amendment: The current code requires “one” bicycle parking per dwelling unit, while the proposed code mandates “one” bicycle parking space for every “two” dwelling units. This amendment aims to maintain the existing requirement of one bicycle parking space per dwelling unit for long-term parking and ensure continued consistency. (6) Amend Section 4.106.4.4.3 to read as follows:

4.106.4.4.3 Long-term bicycle parking for hotel and motel buildings. Provide one on-site long-term bicycle parking space for every 25 rooms or fraction of, but not less than two. Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to:

1. Covered, lockable enclosures with permanently anchored bicycle parking devices or racks.

2. Lockable bicycle storage rooms with permanently anchored bicycle parking devices or racks.

3. Lockable, weatherproof, permanently anchored bicycle lockers.

Reason for amendment: The current code requires “one” onsite long-term bicycle parking space for every “25 rooms or fraction thereof”, while the proposed code mandates “one” long-term bicycle parking space for every “25,000 square feet”. This amendment aims to maintain the existing requirement of “one” onsite long-term bicycle parking space per “25 rooms or fraction thereof” to ensure continued consistency.

SECTION VII
Upon adoption of each new California Building Standards Code, the Ordinance adopting the previously adopted California Building Standards Code is superseded in its entirety. This

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

Ordinance does not repeal the 2025 Ordinance that adopts by reference and amends the 2025 California Fire Code and the California Wildland-Urban Interface Code.

SECTION VIII
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part shall not affect the validity of the remainder.

SECTION IX
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City Council.

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

PASSED AND ADOPTED this 18th day of August 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
___________________________
Kim Mancera, City Clerk

Ordinance No. 2025-XX
Building Code Adoption
City Council Regular Meeting | August 18, 2025

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2025-XX is an original ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on Monday, August 18, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)

City of Gilroy

STAFF REPORT
Agenda Item Title: Adopt an Ordinance Adopting by Reference the 2025 California Fire Codes with Amendments
Meeting Date: August 18, 2025
From: Brad Kilger, Interim City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Jonathan Crick, Fire Marshal
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Adopt an ordinance amending Sections 10.9 and 10.10 of Chapter 10 of the Gilroy Municipal Code adopting by reference the 2025 California Wildland-Urban Interface Code and 2025 California Fire Code, with amendments.

BACKGROUND
On August 4, 2025, the City Council introduced an ordinance adopting the 2025 California Fire Codes by reference, with specified amendments. The City Council set a public hearing for August 18, 2025, to consider the adoption of the ordinance, in accordance with California Government Code Section 50022.3. Notice of the public hearing was published on August 1 and 8, 2025, pursuant to Government Code Section 6066. There were no modifications to the ordinance as a result of the first reading.

ANALYSIS
Adoption of the new 2025 California Codes with local amendments that are carried forward and consistent with prior code cycles will ensure that the current level of protection and safety will be maintained for the Gilroy community, and that buildings and structures in Gilroy will continue to safeguard the public’s health, safety, and general welfare.

Staff recommends that the Council adopt the ordinance, which incorporates the new codes with proposed amendments, along with findings that each amendment is reasonably necessary because of local climatic, geological, or topographical conditions.

Once adopted, the ordinance will become effective on September 17, 2025. Staff will file a copy of the ordinance with the California Building Standards Commission. The new 2025 codes, along with local amendments, will become effective and applicable on January 1, 2026.

ALTERNATIVES
The City Council may adopt the new codes without any of the amendments; adopt the new codes with only a portion of the amendments; or adopt the new codes with modifications to the amendments. Staff does not recommend these actions. Without the complete code adoption with amendments, the base code would provide only the minimum standards without considering local conditions in Gilroy.

FISCAL IMPACT/FUNDING SOURCE
There is no direct cost to the City for adopting the Codes.

PUBLIC OUTREACH
Notice of the public hearing is published in the Gilroy Dispatch on August 1 and August 8, 2025. The August 18, 2025, City Council meeting agenda packet is available through the City’s webpage.

NEXT STEPS
If adopted, the ordinance will become effective in 30 days on September 17, 2025. Staff will file a copy of the ordinance with the California Building Standards Commission.

Attachments:

Draft Ordinance

ORDINANCE NO. 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 10.9 AND 10.10 OF
CHAPTER 10 OF THE GILROY MUNICIPAL CODE
ADOPTING BY REFERENCE THE 2025 CALIFORNIA
WILDLAND-URBAN INTERFACE CODE AND 2025

CALIFORNIA FIRE CODE, WITH AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code, that will become effective statewide on January 1, 2026; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7, and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Gilroy has reviewed and intends to adopt the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code; and WHEREAS, City Council wishes to amend portions of the California Fire Code to better address local conditions and makes express findings that such amendments are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:

SECTION I
The City Council has duly considered the full record before it, which may include but is not limited to the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION II
The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”)

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Building Standards Code within are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods, high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA.

SECTION III
Section 10.9 of Chapter 10 of the Gilroy Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

10.9 Code Adoption.

1. This article shall be known and cited as the Gilroy Fire and Wildland-Urban Interface (WUI) Code.

2. Codes are hereby adopted by reference for the City of Gilroy:
(a) The 2025 California Fire Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 9 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices B, BB, C, CC, D, and H, consistent with the California State Fire Marshal and County of Santa Clara adoptions. Amendments are set forth in Section 10.10.

The 2025 California Fire Code shall be designated and referred to as the "Fire Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Fire Marshal for use and examination by the public.
(b) The 2025 California Wildland-Urban Interface Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 7 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. Amendments, if any, are set forth in Section 10.10. The 2025 California WildlandUrban Interface Code shall be designated and referred to as the "Wildland-Urban Interface Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Fire Marshal for use and examination by the public.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION IV
Pursuant to California Health and Safety Code Sections 17958. 7 and 18941.5, the City Council hereby finds that the amendments are reasonably necessary due to local climatic, geological or topographical conditions, or to impose proper more stringent standards for fire and panic safety, as set forth below.
(1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately 90% of the precipitation falls during the months of November through April, and 10% from May through October. Relative humidity drops to 20 or lower during the dry months (summer). Temperatures have been recorded as high as 115 degrees Fahrenheit. This area has been subject to drought. It is anticipated that drought conditions will continue to occur in the future. Such conditions allow natural vegetation and outdoor combustible materials to be in a dry state for a large portion of the year, making them more susceptible to ignition and rapid burning. These conditions combined create high fire danger during the summer and fall months.
(2) Geological Findings. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. This is especially critical in the facilities housing hazardous materials or occupancies requiring safe and quick evacuation in order to get to a safe location. Early warning of fire, early fire suppression and control of spread are important. (3) Topographical Findings. A major rail corridor through the central portion of town divides the City. There are no overpasses available within the City boundaries. This can impair response and can serve to isolate the City’s Fire Response capability. A major highway also divides the City. There are portions of the City where there is only one overpass to access a substantial geographical area. There are no alternate routes within City boundaries; and
The highway is also part of a major truck transportation route. If an accident, or earthquake makes the overpass un-crossable this will isolate the area and impact response times; and the City has a substantial industrial area within a flood plain. Flooding in the area would isolate the area from the City’s Fire Response capability; and The City has areas that are within hillside and open spaces defined as State Response Areas. The grade and narrow and/or lack of roadways impair the Fire Response to these areas. The presence of large areas of natural vegetation that is dry and highly ignitable during the dry and hot summer and fall months can create increase fire responses and impair fire response to other incidents. Water flow in the hillside areas is impacted as fire flows fall below 1500 gpm; and

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

The City is a great distance from any large metropolitan area. Response times from the nearest metropolitan fire department is a minimum of half an hour and during traffic periods in excess of 45 minutes. This serves to further isolate the City and impair Fire Response as there are fewer fire responders in the immediate area. Information on the nature of an incident in a timely manner is of greater importance than in a metropolitan area where a first alarm sends more personnel than the entire on-duty staffing of the Gilroy Fire Department. Measures which provide early fire detection, suppression and prevention of fire spread are warranted based on these findings.
(4) Fire and Panic Safety Findings – Hazardous Materials. Hazardous Materials use, handling and storage present unique emergency response requirements. The Gilroy Fire Department does not have its own hazardous materials team and the nearest mutual aid team is in excess of 45 minutes response time; and
The City of Gilroy relies solely on ground water for water supply and much of the area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply and additional measures are needed to ensure that these materials do not threaten that supply; and
Because Gilroy is remote from the main metropolitan areas, there are fewer ambulance and hospital services available to provide for large numbers of persons with injuries. Hazardous Materials and other intensive industrial uses place a competing burden on the delivery of fire services. Hazardous Material and/or facilities using, storing hazardous materials require additional controls to ensure that such hazards can be controlled; and
(5) Fire and Panic Safety Findings – Automatic Fire Sprinklers. The City’s water system is reliable and capable of providing adequate pressures and reliability to allow the use of automatic fire sprinkler systems to be economical and practical to be included in all new construction. Response to fires, medical aid and other disasters can result in fire responders to be called to multiple calls or to calls that require more suppression resources than may be on duty. Therefore, fire sprinkler systems are relied upon to provide for quick and reliable fire suppression or control. To this end, these systems are needed at a lower threshold than the International Codes provide. These systems also need to be designed to provide quick effective and complete fire protection in their activation in order to minimize the effects of fire and panic.

SECTION V
Section 10.10 of Chapter 10 of the Gilroy Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

10.10 Code Amendments.
(a) Amendments to the Fire Code

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Chapter 1 is adopted in its entirety as amended below.

SECTION 101.1 TITLE. AMENDED
101.1 Title. These regulations shall be known as the City of Gilroy Fire Code, hereinafter referred to as “THIS CODE”.

Reason for amendment: The International Fire Code provides for the local agency to insert appropriate language to identify this as the City of Gilroy Fire Code.

SECTION 103.2 APPOINTMENT. AMENDED
103.2.1 Appointments. The Fire Marshal Carries out the functions of the fire code official on behalf of and under the direction of the Fire Chief and implements, administers, and enforces the provisions of this code. The Fire Marshal’s Office is established within the City of Gilroy as the Office of Fire Prevention.

Reason for amendment: The International Fire Code creates a department of fire prevention and the term “fire code official” is used throughout. The amendment inserts language that describes how the Fire Marshal carries out the functions as the “fire code official” within the structure of the Fire Marshal’s Office within the City of Gilroy.

SECTION 113.4 VIOLATIONS. AMENDED
113.4 Violation Penalties. who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor; provided, however, that where the City Attorney or his or her duly authorized agents has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading, citation or amendment thereto that the violation shall be prosecuted as an infraction. Infraction fines are implemented pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Reason for amendment: To identify the method and types of enforcement processes to be used to enforce the code. The model code requires the local agency to insert appropriate language. The language provided is consistent with the current code and procedures.

Chapter 2 is adopted in its entirety as amended below.

SECTION 202 GENERAL DEFINITIONS. ADDED

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Corrosive Liquid. Corrosive liquid is:

1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or

2. any liquid having a pH of 2 or less or 12.5 or more; or

3. any liquid classified as corrosive by the U.S. Department of Transportation; or

4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment consolidates definitions and allows the city to maintain the current standard used by the Gilroy CUPA Program.

Chapter 3 is adopted consistent with the State’s adoption.

Chapter 4 is adopted consistent with the State’s adoption.

Chapter 5 is adopted in its entirety as amended below.

SECTION 503.1 WHERE REQUIRED. AMENDED
503.1 Where Required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and in accordance with the fire departments access standards.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment allows the city to maintain the current standard used by the Gilroy Fire Department and the Gilroy City Streets.

SECTION 503.1.2 ADDITIONAL ACCESS. AMENDED
503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

Fire apparatus access roadways to buildings or building projects shall be reviewed and approved by the fire code official. All emergency vehicle accesses (EVA’s) shall meet engineering design standards similar to a public roadway or public driveway and be maintained by the property owner.

Thresholds for additional access are as follows:

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

a. For residential developments, there shall be a minimum of two approved fire access roadways when there are more than 30 one-family, two-family residential units, or more than 100 multi-family residential units. The fire code official, in cooperation with the Fire Chief, will determine secondary access needs for dwellings in the Wildland Urban Interface Fire Area. In no case will more than 10 dwellings exist without a secondary fire access roadway in a Wildland Urban Interface Fire Area. b. Where there is an individual building exceeding 3 stories in height or exceeds 62,000 sq. ft. in area, there shall be two separate access roadways to access the structure.
c. Where a building complex exceeds 120,000 sq. ft. of total building area it shall be provided with two separate and approved access roadways to the complex.

Reason for amendment: Pursuant to Section 503.1.2 the fire code official is authorized to determine when more than one fire apparatus access road is required. Due to variability in local traffic conditions, alternate routes of ingress and egress are needed, particularly in circumstances where the hazard is increased (e.g. large subdivision, large multi-family residences, residences in a WUI environment, flood plain areas, large buildings, etc.). This amendment maintains the secondary access threshold used in Gilroy for many code cycles.

This amendment is also consistent with other jurisdictions in Santa Clara County, and throughout California.

SECTION 503.2.1 DIMENSIONS. AMENDED
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment allows the city to maintain the current standard used by the Gilroy Fire Department and the Gilroy City Streets. This amendment is also consistent with other jurisdictions in Santa Clara County.

SECTION 503.2.4 TURNING RADIUS AMENDED
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official and a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment allows the city to maintain the current standard used by the Gilroy Fire Department and the Gilroy City Streets. This amendment is also consistent with other jurisdictions in Santa Clara County.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION 503.2.5 DEAD ENDS. AMENDED
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (45m720 mm) in length shall be provided with an approved turn-around area for turning around the fire apparatus. The turn-around shall consist of a bulb shaped cul-de-sac that accommodates the fire apparatus turning radius. Parking of vehicles within the fire apparatus turning radius shall not be permitted. Obstructions by fences or gates that may interfere with the use of turn-around are not permitted. Fire Turn-Around parking restrictions shall be identified by painting the curb red. On private property signage shall be provided indicating that it is a Fire Turnaround Dead end roads in excess of 750 ft. require special approval and may be required to have additional apparatus turn outs or greater width.

Exceptions:

1. An alternative design turn-around may be approved when the number of units served by the turn-around is less than 10 and the design is one of the published fire apparatus turn-around templates.

2. In the Residential Hillside Zone alternative designs are allowed when they can be shown to provide a minimum 3-point turn and when approved by the Fire Chief.

Reason for amendment: This is a Gilroy Fire amendment to maintain the current standard used by Gilroy Fire Department and Gilroy City Street Standards. Pursuant to Section 503 the Fire Chief is authorized to approve the type of turn around to be provided.

SECTION 503.2.7 GRADE. AMENDED
503.2.7 Grade. The maximum grade of the fire department apparatus road shall not exceed 15%, unless approved by the fire code official.

Reason for amendment: The Fire Chief is authorized to establish the grade for fire apparatus access roads. This is a Gilroy Fire amendment to maintain the current standard used by Gilroy Fire Department and Gilroy City Street Standards.

SECTION 503.5 REQUIRED GATE OR BARRICADES
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 14 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs and is consistent with the City of Gilroy’s past practices for gates.

SECTION 503.6 SECURITY GATES. AMENDED
503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. When electronic gates are installed across one or more of the fire access roadways they shall be provided with automatic opening devices that can be activated by the fire department during a response to the location (e.g. Click 2 Enter or approved equivalent for gated communities). They shall also be provided with KNOX key over-ride switches. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 14 feet (4268 mm) for single-family dwellings.

Reason for amendment: This is a Gilroy amendment continued from the last code cycle and it is to maintain consistency with current Gilroy Fire Department Policies and practices for use of automatic opening devices for new gate installations and for gates in new gated communities where response time is impeded by lack of guard shacks/security staffing.

This is a Gilroy Fire amendment to maintain the current standard used by Gilroy Fire Department and Gilroy City Street Standards. This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs.

SECTION 503.7 AERIAL FIRE APPARATUS ACCESS ROADS. ADDED 503.7 Aerial fire apparatus access roads. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 ft. (9144m), approved aerial fire apparatus access roads shall be provided. For a pitched roof the measurement of the highest roof surface is to the intersection of the roof to the exterior wall, or the top of a parapet wall, whichever is greater. At least one of the access routes shall be located a minimum of 15 ft. and a maximum of 30 ft. from the building, and shall be positioned parallel to one entire side of the building. Overhead utility and power lines shall not be located over the aerial fire apparatus road and the building. When adequate aerial access cannot be provided other means shall be provided by alternate methods and /or materials to compensate for the inadequate access. Such shall include but not be limited to: non- combustible construction components, area separation walls, and specialized access components.

Reason for amendment: This Gilroy amendment is intended to ensure adequate aerial access for tall structures by the fire department. Based on model language from the International Fire Code, it is designed to allow optimal positioning of aerial apparatus and to avoid excessively steep ladder angles when responding to emergencies on upper floors.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION 504.5 ACCESS CONTROL DEVICES. ADDED
Section 504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to within and throughout the building, are installed, such devices be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or as otherwise approved by the fire code official. Access Control devices must also comply with Chapter 10.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment represents no change from the current standard used by Gilroy for maintaining access to buildings that have security devices (bars etc.) that impede emergency access.

SECTION 505 PREMISES IDENTIFICATION. AMENDED
505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (102153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a one and a half (2) inch stroke.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

• The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (24) inches high with a one and a half (2½) inch stroke.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. The guidelines help to ensure that firefighters can readily see the address numbers from varying distances.

SECTION 505.1.1 ILLUMINATION. ADDED
505.1.1 Illumination. New buildings shall have illuminated address numbers.

Illumination shall be provided throughout the entire period of darkness.

Reason for amendment: This is a Gilroy amendment to maintain consistency with current Gilroy Security Ordinance for requiring illuminated addresses for new construction. The amendment represents no change from the current standard used by Gilroy.

SECTION 505.3 COMPLEX PREMISE IDENTIIFICATION. ADDED
Section 505.3 Complex Premises Identification. When there are several multi-family units within a development, or single-family units that do not face a street or where units have an alley as the only drivable access (paseo frontage), an illuminated site diagram shall be installed at each driveway entrance to the development that shows the location and addresses of all units and the fire system device locations.

Reason for amendment: This is a Gilroy amendment to maintain consistency with current Gilroy Security Ordinance for signage for complexes where addressing is confusing due to building and/or street design. Alley type access developments have the units addressed from a street, but the alley is typically perpendicular to the street. This makes identification of the address difficult without having a complex diagram. This amendment represents no change from the current standard used by Gilroy.

SECTION 507.5 FIRE HYDRANT SYSTEMS. AMENDED
507.5 Fire hydrant systems. Fire hydrants systems shall comply with sections 507.5.1 through 507.5.6 and Appendices C and CC, or by an approved method. Hydrants on public streets shall be installed to the City of Gilroy Public Works Standard Details. Private Fire Hydrant systems shall be installed pursuant to NFPA 24 and maintained and tested pursuant to NFPA 25 by the property owner. Private fire hydrant systems shall not share the same water supply lines with a private domestic supply and shall be on its own separate fire water mains.

Reason for amendment: The Gilroy amendment maintains consistency with current Gilroy policies and practices.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Chapter 6 is adopted in its entirety as amended below.

SECTION 603.11 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS.

ADDED
603.11 Immersion Heaters. electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standard required for immersion heaters.

Such heaters without emergency shut off have been the cause of several fires.

SECTION 605 FUEL-FIRED APPLIANCES
Amend Section 605.5 as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R4 and ambulatory care facilities.

Exceptions:

1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are permitted to be used in one and two-family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.

2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.

Amend Section 605.5.2.1.1 as follows:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies, and rooftops.

Exceptions: As authorized by the fire code official.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. The Gilroy amendment maintains consistency with current Gilroy policies and practices
Chapter 7 is adopted consistent with the State’s adoption.

Chapter 8 is adopted consistent with the State’s adoption.

Chapter 9 is adopted in its entirety as amended below.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION 903.2 AUTOMATIC SPRINKLER SYSTEMS - WHERE REQUIRED.

AMENDED
903.2 Automatic Sprinkler Systems. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through Sections 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.

1. An automatic sprinkler system shall be installed throughout all new buildings and structures greater than 1,000 square feet.

Exception: Group S-2 or U occupancies used exclusively for vehicle parking or solar arrays that do not exceed 5,000 square feet.

2. An automatic sprinkler system shall be installed throughout existing Group A, B, E, F, I, L, M, R, S, and U buildings and structures when an addition increases the building area by more than 1,000 square feet or when the total resulting building area exceeds 3,600 square feet, except as otherwise exempted by state law for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) constructed on parcels where the existing primary residence is not sprinklered.

3. Any change of occupancy or change in use of any building when that change in use would place the building into a more hazardous division of the same occupancy group.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. Additionally, the California Residential Code requires all new residential structures, regardless of size to have automatic fire sprinklers. This amendment also maintains the current standard used in Gilroy.

SECTION 903.1.1 NFPA 13 SPRINKLER SYSTEMS. AMENDED
903.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1 and local standards. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet the higher density.

Reason for amendment: This amendment maintains the current standard used in Gilroy.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION 903.3.1.3 NFPA 13D SPRINKLER SYSTEMS. AMENDED
903.3.1.3 NFPA 13D Sprinkler systems. Automatic sprinkler systems installed in oneand two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D and local water supply standards. Attached garages must be equipped with fire sprinklers. Home in the Wildland-Urban interface shall have fire sprinkler head protection for covered outdoor rooms, covered outdoor patios, and covered front porches. An approved signaling device shall be installed on the exterior (e.g. bell) and interior (e.g. horn or alarm) of the dwelling.

The riser shall be located inside of the garage or an approved protective enclosure, a fire sprinkler shall be installed in attic spaces to protect the force air unit and attic access and a spare head box with one of each type of fire sprinkler shall be provided.

Reason for amendment: This amendment maintains the current local standards used in Gilroy. Residential sprinkler systems do not need to be monitored, however, if there is not a signaling device to warn the occupant or community of the fire sprinkler activation, the fire sprinkler system can operate for an extended period of time creating significant water damage to the structure. To protect the riser from damage or tampering they have been approved only in a protected area. This amendment maintains the current standard used in Gilroy.

SECTION 907.1.6 FIRE ALARM CERTIFICATION. ADDED
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate. The protected premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).

Reason for amendment: This amendment maintains the current standard required for record keeping per NFPA standards. This amendment maintains the current standard used in Gilroy.

SECTION 909.22.1 SMOKE CONTROL SYSTEMS. AMENDED
Section 909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment maintains the current standard used in Gilroy.

Chapter 10 is adopted consistent with the State’s adoption.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Chapter 11 is adopted consistent with the State’s adoption.

Chapter 12 is adopted consistent with the State’s adoption.

Chapters 13 through 19 reserved for future use.

Chapter 20 is adopted consistent with the State’s adoption.

Chapter 21 is adopted consistent with the State’s adoption.

Chapter 22 is adopted consistent with the State’s adoption.

Chapter 23 is adopted in its entirety as amended below.

SECTION 2306 PRECAUTIONS AGAINST FUEL RELEASE
Amend Section 2306.7.4.1 as follows:
2306.7.4.1 Quick Disconnect Fittings. Quick disconnect fittings are not permitted to remain in place for future use on pressurized piping when they are installed below the impact valve.

Reason for Amendment: Enhanced Safety Measures for Fuel Dispensers This amendment introduces a critical safeguard designed to prevent the accidental release of pressurized fuel. While fuel dispensers are equipped with impact valves (also known as shear valves) intended to stop fuel flow in the event the dispenser is knocked over from a vehicle impact (or other cause), a potential vulnerability exists when the quick disconnect is left in place below the impact valve.

Chapter 24 is adopted consistent with the State’s adoption.

Chapter 25 is adopted consistent with the State’s adoption.

Chapter 26 is adopted consistent with the State’s adoption.

Chapter 27 is adopted consistent with the State’s adoption.

Chapter 28 is adopted consistent with the State’s adoption.

Chapter 29 is adopted consistent with the State’s adoption.

Chapter 30 is adopted consistent with the State’s adoption.

Chapter 31 is adopted consistent with the State’s adoption.

Chapter 32 is adopted consistent with the State’s adoption.

Chapter 33 is adopted in its entirety as amended below.

SECTION 3305 PRECAUTIONS AGAINST FIRE
Amend Section 3305.5 as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs to provide a consistent standard for ensuring that fire walls are

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

completed during building construction to provide exit stairways during the construction of any multi-story building. This maintains the same requirement from prior code adoption cycle.

Chapter 34 is adopted consistent with the State’s adoption.

Chapter 35 is adopted consistent with the State’s adoption.

Chapter 36 is adopted consistent with the State’s adoption.

Chapter 37 is adopted consistent with the State’s adoption.

Chapter 38 is reserved for further use.

Chapter 39 is adopted consistent with the State’s adoption.

Chapter 40 is adopted consistent with the State’s adoption.

Chapter 41 is adopted consistent with the State’s adoption.

Chapters 42 through 47 reserved for future use.

Chapter 48 is adopted consistent with the State’s adoption.

Chapter 49 - The contents of Chapter 49 have all been deleted except for the following statement:
“The requirements for wildland-urban interface areas are now located in Part 7, California Wildland-Urban Interface Code. See section 102.13 wildland urban interface. The provisions of Part 7, California Wildland-Urban Interface Code shall apply to buildings and structures located in the wildland urban interface (WUI) or fire hazard severity zone.” The State Fire Marshal has adopted the entire chapter as amended noted in the matrix adoption table. These requirements shall be applied to buildings constructed in the Gilroy Residential Hillside Zone, the Moderate Fire Hazard Severity Zone, and the High Fire Hazard Severity Zone.

Chapter 50 is adopted in its entirety as amended below.

SECTION 5001 GENERAL. AMENDED
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Moderately toxic gas.

4. Other health hazards.

SECTION 5003.1.3.1 TOXIC, HIGHLY TOXIC, MODERATELY TOXIC AND SIMILARLY USED OR HANDLED MATERIALS. ADDED
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage use and handling of toxic, highly toxic and moderately

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

toxic gases in amounts exceeding Table 5003.1.1(2), Table 5003.1.1(4) and/or Table 6004.2.1.4 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases.

SECTION 5003.1.5 OTHER HEALTH HAZARDS. ADDED
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5001 and Section 5003.

SECTION 5003.1.6 ADDITIONAL SPILL CONTROL AND SECONDARY CONTAINMENT REQUIREMENTS. ADDED
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property, natural resources, or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.

SECTION 5003.2.2.1 DESIGN AND CONSTRUCTION. AMENDED
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:

1. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.

2. Where gases or liquids having a hazard ranking of:

Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig) (103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.

Exceptions:

1. Piping for inlet connections designed to prevent backflow.

2. Piping for pressure relief devices.

3. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2.1.4. Secondary containment includes, but is not limited to double-walled piping.

Exceptions:

1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.

2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.

4. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials.

SECTION 5003.2.2.2 ADDITIONAL REGULATION FOR SUPPLY PIPING FOR HEALTH HAZARD MATERIALS. AMENDED
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.

Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following:

1. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard.

Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.

SECTION 5003.5.2 VENTILATION DUCTING. ADDED
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

SECTION 5003.5.3 “H” OCCUPANCIES. ADDED

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

5003.5.3 “H” Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.

SECTION 5003.10.4 ELEVATORS USED TO TRANSPORT HAZARDOUS MATERIALS. AMENDED
5003.10.4.3 Highly toxic, toxic, moderately toxic gases, asphyxiate gases, and corrosive gases shall be limited to a container of a maximum water capacity of 1 lb.

SECTION 5004.2.1 STORAGE. AMENDED
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1. Sumps and collection systems, including containment pallets in accordance with Section 5004.2.3.

SECTION 5004.2.2. INCOMPATIBLE MATERIALS
5004.2.2. Incompatible Materials. Incompatible shall be separated from each other in independent secondary containment systems.

Reason for amendments: These are county-wide amendments recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and maintains consistency with the Hazardous Materials Release Response Regulations in the California Health and Safety Code. It will maintain the current standard used in Gilroy.

Chapter 51 is adopted consistent with the State’s adoption.

Chapter 52 is reserved for future use.

Chapter 53 is adopted consistent with the State’s adoption.

Chapter 54 is adopted in its entirety as amended below.

SECTION 5402 DEFINITIONS
Amend Section 5402.1 to read:
5402.1 Definition. The following term is defined in Chapter 2:

CORROSIVE.

CORROSIVE LIQUIDS.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Chapter 55 is adopted consistent with the State’s adoption.

Chapter 56 is adopted in its entirety as amended below.

SECTION 5601.1.3 FIREWORKS. AMENDED
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

Exception: The use of fireworks for fireworks displays as allowed in Section 5608 and the sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section 10.A.

Reason for amendment: This exception maintains that safe and sane fireworks may be stored, used and sold during the 4th of July and in conformance to Chapter 10A of the Gilroy City Code.

Chapter 57 is adopted in its entirety as amended below.

SECTION 5704 STORAGE. AMENDED
5704.2.7.5.8 Overfill Prevention.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5.1 (1.1).

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and maintains consistency with the Hazardous Materials Release Response Regulations in the California Health and Safety Code. The amendment consolidates the requirement from different codes into one text. It will maintain the current standard used in Gilroy.

SECTION 5704.2.7.5.9 AUTOMATIC FILLING OF TANKS. ADDED
5704.2.7.12 Automatic and / or Remote Filling of Tanks. Systems that remotely or automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, as approved by the fire code official, that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained and made available for review for a period of five (5) years.

Reason for amendment: This is a county-wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

Clara County Hazardous Materials Ordinance and maintains consistency with the Hazardous Materials Release Response Regulations in the California Health and Safety Code. The amendment consolidates the requirement from different codes into one text. It will maintain the current standard used in Gilroy.

Chapter 58 is adopted consistent with the State’s adoption.

Chapter 59 is adopted consistent with the State’s adoption.

Chapter 60 is adopted in its entirety as amended below.

SECTION 6001.1 GENERAL. AMENDED
6001.1 Scope. The storage and use of highly toxic, toxic and moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.

SECTION 6004.1 GENERAL. AMENDED
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1 .3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies. 6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in Group R occupancies. 6004.1.1.3 Offices, retail sales, and classrooms. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in offices, retail sales, or classroom portions of Group B, F, M, or S occupancies.

SECTION 6004.2 INDOOR STORAGE AND USE. AMENDED
6004.2 Indoor Storage and Use. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.4.

SECTION 6004.2.1 APPLICABILITY. AMENDED

6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION 6004.2.1.4 QUANTITIES EXCEEDING THE MINIMUM THRESHOLD

QUANTITIES BUT NOT EXCEEDING THE MAXIMUM ALLOWABLE
QUANTITIES PER CONTROL AREAS. ADDED
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4 ADD TABLE 6004.2.1.4 MINIMUM THRESHOLD QUANTITIES FOR HIGHLY

TOXIC, TOXIC AND MODERATELY TOXIC GASES FOR INDOOR STORAGE

AND USE
Minimum Threshold Quantities for Highly Toxic, Toxic, and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
SECTION 6004.4 GENERAL INDOOR REQUIREMENTS. ADDED
6004.4 General Indoor Requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2
SECTION 6004.4.1 CYLINDER AND TANK LOCATION. ADDED
6004.4.1 Cylinder and Tank Location. Cylinders shall be located within gas cabinets, exhausted enclosures, or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

Exceptions: Where a gas detection system is provided in accordance with 6004.4.8 SECTION 6004.4.2 VENTILATED AREAS. ADDED
6004.4.2. Ventilated Areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.

SECTION 6004.4.3 PIPING AND CONTROLS. ADDED

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

6004.4.3. Piping and Controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:

1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.

Exceptions:

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.

SECTION 6004.4.4 GAS ROOMS. ADDED
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire-extinguishing systems shall not be used.

SECTION 6004.4.5 TREATMENT SYSTEMS. ADDED
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.

Exceptions:

1. Highly toxic, toxic, and moderately toxic gas storage. A treatment system is not required for cylinders, containers, and tanks in storage where all of the following controls are provided:

1.1 Valve outlets are equipped with gas-tight outlet plugs or caps.

1.2 Hand-wheel-operate dated valves have handles secured to prevent movement.

1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

2. Highly toxic, toxic, and moderately toxic gases-use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail-safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automaticclosing fail-safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.

SECTION 6004.4.5.1 DESIGN. ADDED
6004.4.5.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning, or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.

SECTION 6004.4.5.2 PERFORMANCE. ADDED
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst- case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.

SECTION 6004.4.5.3 SIZING. ADDED
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized.

The entire contents of the largest compressed gas vessel shall be considered.

SECTION 6004.4.5.4 STATIONARY TANKS.
6004.4.5.4 Stationary Tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).

SECTION 6004.4.5.5 PORTABLE TANKS AND CYLINDERS.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

6004.4.5.5 Portable Tanks and Cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate.

Such markings shall indicate the flow rate for air under normal temperature and pressure.

SECTION 6004.4.6 EMERGENCY POWER. ADDED
6004.4.6. Emergency Power. Emergency power shall be provided for the following systems in accordance with Section 604:

1. Exhaust ventilation system

2. Treatment system

3. Gas detection system

4. Smoke detection system
SECTION 6004.4.6.1 FAIL-SAFE SYSTEMS.
6004.4.6.1. Fail-Safe Systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail-safe systems are installed and designed to stop gas flow.

SECTION 6004.4.7 AUTOMATIC FIRE DETECTION SYSTEMS.
6004.4.7. Automatic Fire Detection System. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.

SECTION 6004.4.8 GAS DETECTION SYSTEMS. ADDED
6004.4.8. Gas Detection System. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.

Exceptions:

1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases where cylinders, portable tanks, and all non-continuously welded connects are within a gas cabinet or exhausted enclosures.

SECTION 6004.4.8.1 ALARMS.
6004.4.8.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.

SECTION 6004.4.8.2 SHUT OFF OF GAS SUPPLY. ADDED
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut-off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

Exceptions: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are provided:

1. Constantly attended/supervised.

2. Provided with emergency shutoff valves that have ready access.

Reason for amendments: These are county-wide amendments for Chapter 60 recommended by the Santa Clara County Fire Chiefs.

Chapter 61 is adopted consistent with the State’s adoption.

Chapter 62 is adopted consistent with the State’s adoption.

Chapter 63 is adopted consistent with the State’s adoption.

Chapter 64 is adopted in its entirety as amended below.

SECTION 6405.3.1 SILANE DISTRIBUTION SYSTEMS AUTOMATIC
SHUTDOWN. ADDED
6405.3.1 Silane Distribution Systems Automatic Shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.

Reason for amendment: All the amendments to Section 6004 that follow are part of a county-wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards and accepted practices within the County of Santa Clara and maintains consistency with the Hazardous Materials Release Response Regulations in the California Health and Safety Code. The International Fire Code does not include

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

provisions for gases that are moderately toxic. This amendment preserves the original Toxic Gas Ordinance Provisions. It will maintain the current standard used in Gilroy.

Chapter 65 is adopted consistent with the State’s adoption.

Chapter 66 is adopted consistent with the State’s adoption.

Chapter 67 is adopted consistent with the State’s adoption.

Chapters 68 through 79 reserved for future use.

Chapter 80 is adopted consistent with the State’s adoption.

APPENDIX A NOT ADOPTED BY THE STATE FIRE MARSHAL.

APPENDIX B is adopted in its entirety as amended below.

SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS
Amend Section B105.2 to read:

B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.

Exceptions: [SFM] Group B, S-2, and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:

1. California State Parks buildings of an accessory nature (restrooms).

2. Safety roadside rest areas (SRRA) and public restrooms.

3. Truck inspection facilities (TIF), CHP office space, and vehicle inspection bays.

4. Sand/salt storage buildings, storage of sand and salt.

The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs. These amendments limit the amount that fire flow can be reduced. This amendment is a carry-over from previous code cycle adoption in Gilroy. This amendment ensure that large projects have adequate fire flow for the proposed project.

APPENDIX BB is adopted consistent with the State’s adoption.

APPENDIX C is adopted in its entirety as amended below.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

SECTION C102 NUMBER OF FIRE HYDRANTS
Amend Section C102.1 to read:

C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs.

SECTION C103 FIRE HYDRANTS SPACING
Amend Section C103.1 to read:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3, but in no case shall the average spacing be more than 300 feet on center.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs and is consistent with the City of Gilroy’s existing standards and specifications.

APPENDIX CC is adopted consistent with the State’s adoption.

APPENDIX D is adopted in its entirety as amended below.

SECTION D103 MINIMUM SPECIFICATIONS
Amend Section D103.2 as follows:

D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15 percent unless approved by the fire code official.

Amend Section D103.3 as follows:

D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 inside, and a minimum of 50 outside.

Amend Section D103.4 to read:

D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4, as approved by the fire code official.

Amend Table D103.4 to read:

TABLE D103.4

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

REQUIREMENTS FOR DEAD-END

FIRE APPARATUS ACCESS ROADS
Length (feet) WIDTH (feet) TURAROUDS REQIURED
0 – 150 26 Not required, unless determined necessary
by the fire code official
151 – 500 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
500– 750 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
Over 750 Special approval required
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: the fire apparatus access roads shall comply with all of the following criteria:

1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 20 feet (6096 mm).

2. Gates shall be of the horizontal swing, horizontal slide, vertical lift or vertical pivot type.

3. Construction of gates shall be of materials that allow manual operation by one person.

4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.

6. Methods of locking shall be submitted for approval by the fire code official.

7. Electric gate operators, where provided, shall be listed in accordance with UL 325.

8. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

Reason for amendment: This is a County-wide amendment recommended by the Santa Clara County Fire Chiefs.

APPENDIX H is adopted consistent with the State’s adoption. (b) Amendments to the Wildland-Urban Interface Code

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

The Wildland-Urban Interface Code is adopted consistent with the State’s adoption, with no amendments.

The requirements shall be applied to buildings constructed in the Gilroy Residential Hillside Zone, the Moderate Fire Hazard Severity Zone, and the High Fire Hazard Severity Zone.

SECTION VI
Upon adoption of each new California Building Standards Code, the Ordinance adopting the previously adopted California Building Standards Code is superseded in its entirety. This Ordinance does not repeal the 2025 Ordinance that adopts by reference and amends parts of the 2025 California Building Standards Code.

SECTION VII
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part shall not affect the validity of the remainder.

SECTION VIII
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City Council.

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

PASSED AND ADOPTED this 18th day of August 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
___________________________
Kim Mancera, City Clerk

Ordinance No. 2025-XX
Fire Code Adoption
City Council Regular Meeting | August 18, 2025

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2025-XX is an original ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on Monday, August 18, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)

City of Gilroy

STAFF REPORT
Agenda Item Title: Mobile Food Vending on Private Property - Pilot Program Clarification
Meeting Date: August 18, 2025
From: Brad Kilger, Interim City Administrator
Department: Administration
Submitted by: Bryce Atkins, Assistant to the City Administrator Prepared by: Victoria Valencia, Economic Development Manager Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services

RECOMMENDATION
Council provide clarification regarding food truck prohibitions on private property along Monterey Road.

BACKGROUND
The City Council adopted a Mobile Vending Pilot Program (Pilot Program) via Resolution No. 2025-26 on June 2, 2025. The Council had deliberated on the issue of mobile food vendors since December 2023. The driving reasons for the Pilot Program included:
• Lack of proactive enforcement post-pandemic.
• The City Code was considered outdated.
• Discussions and review of other communities’ ordinances around mobile food vendors.
• Council direction to explore flexible vending locations, simplified processes, and adjusted time restrictions, as well as identifying suitable downtown areas for food trucks.
• The Downtown Committee recommendation to prohibit any food trucks in the public right of way along Monterey Road, or on side streets from Railroad Street to Eigleberry Street, and only allow food trucks to operate in Gourmet Alley

between 4th and 6th Street.

On May 5, 2025, after a staff report recommending a pilot program for downtown, the Council directed staff to fully enforce the ordinance as written, including the requirement to relocate frequently and the prohibition in commercial zones. Staff then commenced development of the Pilot Program. Staff returned to the Council on June 2, 2025, with the Pilot Program in its current form.

In the implementation of the Pilot Program, staff received feedback from vendors, property owners, and code enforcement regarding confusion around the term “fronting” in the policy. To assist with consistent, objective measure-based enforcement during the Pilot Program, staff researched and used the City’s most restrictive building setback— 41 feet from the face of the curb—as interim guidance.

ANALYSIS
In late July 2025, in response to a mobile food vendor issue on Monterey between 7th Street and Hornlein Court, and additional concerns and pending applications about food truck placement and the interpretation regarding properties fronting on Monterey Road in the policy, staff paused enforcement until Council direction could be obtained. No further permits have been processed, and Code Enforcement continues to check mobile food vendors for County Health Permits and the State Seller’s Permits.

Currently in the Pilot Program:
• Five food trucks were fully approved, two for special events and three on private property.
• Four additional food trucks are pending approval, but all are proposed to be on private property abutting Monterey, but outside of the setback. o Their eligibility status for a mobile vendor permit would depend upon the Council’s determination regarding the specific, objective perimeter of the No Mobile Vending Zone along Monterey Road.

As staff reviewed the policy language and how the interim setback would be applied to individual parcels abutting Monterey Road, it was realized that setback distances affect properties differently based on the development layout and building placement within the parcel. This may cause the objective measure to result in inequitable treatment of mobile food vendors/property owners.

Staff is requesting Council clarification regarding its intent regarding the establishment of the No Mobile Vending Zones. At issue is whether the Council intends to have a specific setback distance from Monterey Road or a prohibition of food trucks for all private property abutting Monterey. Alternatively, the Council may also provide other direction regarding its intent regarding food trucks on private property along Monterey Road.

ALTERNATIVES
Council may provide any direction regarding the interpretation and enforcement of the No Mobile Vending Zone.

FISCAL IMPACT/FUNDING SOURCE
None.

PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting. Once clarification is received, staff will update public and business owner information accordingly and announce the re-engagement of enforcement of the Pilot Program requirements.

NEXT STEPS
Based on Council direction, staff would then implement in its enforcement of the regulations contained in the Pilot Program the directed interpretation of fronting, and return with a new resolution incorporating the clarified conditions into the Pilot Program.

Attachments:

1. Resolution 2025-26 - Mobile Vending Pilot Program

RESOLUTION 2025- 26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY ESTABLISHING A MOBILE VENDING PILOT

PROGRAM TO ALLOW FOOD TRUCKS TO OPERATE IN

DESIGNATED AREAS WHILE STAFF UPDATES THE

MOBILE VENDING ORDINANCE
WHEREAS, the City of Gilroy currently regulates mobile vending under Chapter 16A, Article II of the Gilroy City Code, which limits operations to 10-minute intervals and prohibits vending in certain commercial zones; and
WHEREAS, Chapter 16B of the Gilroy City Code provides more modern and flexible regulations for sidewalk vending, including updated distance and operational standards; and
WHEREAS, the City Council has directed staff to update the mobile vending ordinance to reflect current best practices, balance health and safety concerns, and support local economic development; and
WHEREAS, food trucks are increasingly viewed as an important tool for supporting small businesses, promoting placemaking, and enhancing community events; and
WHEREAS, a temporary pilot program will provide a low-risk opportunity to test the feasibility of food truck operations in different areas of the City, allow for public input, and inform permanent ordinance amendments; and
WHEREAS, staff has identified specific locations, times, and operational standards under which food truck vending may occur during the pilot program period; and
WHEREAS, adoption of a pilot program does not replace the City’s existing permit and enforcement procedures but provides limited, conditional flexibility until the ordinance update is completed.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GILROY HEREBY establishes a Mobile Vending Pilot Program as follows:

SECTION I
The Mobile Vending Pilot Program shall be in effect upon adoption of this resolution and shall expire on December 31, 2025, or upon adoption of a revised mobile vending ordinance, whichever occurs first. Vendors participating in the Mobile Vending Pilot Program shall be required to obtain and maintain a valid California Seller’ s Permit, a County of Santa Clara Department of Environmental Health ( DEH) Permit, a City of Gilroy Business License, and a City of Gilroy Mobile Vending Permit. The Mobile Vending Permit issued under this program shall not require a livescan or background check.

An initial sixty (60) day amnesty period shall be provided for vendors who do not Docusign Envelope ID: E1371079- DE06-4446-B620-DCC1F865063F

Resolution No. 2025- 26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025

yet possess a City of Gilroy Business License or Mobile Vending Permit. During this amnesty period, participating vendors shall be required to register with the City Administrator or his designee and provide proof of application submission for both the Business License and Mobile Vending Permit, such as a screenshot or other verifiable documentation of the submitted applications.

SECTION II
Mobile food vendors participating in the pilot program must comply with all general requirements and operational standards outlined in the Mobile Vending Pilot Program Guidelines, attached hereto as Exhibit A.

SECTION III
Mobile vending is prohibited in the following No Vending Zones:

Public Right- of-Way on Monterey Street and side streets from Leavesley to Luchessa Avenue.

Private or Public Property fronting Monterey Street.

SECTION IV
Approved pilot vending areas include:

1. Permitted Special Events:

Food trucks may participate in permitted special events with the appropriate permits and approval from the event organizer.

2. Designated Downtown locations outside of the No Vending Zone, including the 5th Street Parking:

Food trucks may operate within the Downtown Specific Plan Area at the following locations: the 5th Street Parking Lot; designated spaces within the public parking lots adjacent to Gourmet Alley (between East 4th Street and East 6th Street); and designated spaces on Eigleberry Street. All operations are subject to compliance with the City's Mobile Vending Permit requirements and all other applicable permits and regulations.

Food truck operations shall be permitted from June through December 2025, on Thursdays, Fridays, Saturdays, and Sundays. Hours of operation shall not exceed 4:00 p.m. to 2:00 a.m. in the 5th Street Parking Lot, and 2:00 p.m. to 10:00 p.m. in the designated spaces adjacent to Gourmet Alley.

Food truck operations shall not occur on days when special events are scheduled in these areas, unless operating in conjunction with the permitted special event.

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Resolution No. 2025- 26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025

3. Developed private property in commercial, industrial/ manufacturing, and mixed- use zones with appropriate approvals:

Vendors may operate on private property outside of the No Vending Zone with permission from the property owner.

Hours of operation are subject to the operating hours of the host business, not to exceed 6:00 am to 12:00 am.

Vendors may not operate from vacant or undeveloped parcels.

All food trucks operating under this Resolution must ensure permanent restroom and handwashing facilities are available within two hundred ( 200) feet of their operating location if parked for longer than one hour, and must comply with all health, fire, and life safety regulations.

SECTION V
The City Administrator or his designee is authorized to implement and manage the necessary permitting, signage, compliance measures, and operational guidelines consistent with this Resolution and the City Code. City staff shall monitor the pilot program, collect data, and return to City Council with an evaluation report and recommendations for permanent ordinance amendments prior to expiration of the pilot program.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 2nd day of June 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS: Bracco; Cline; Fugazzi; Hilton; Marques; Ramirez; Mayor Bozzo
NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:

Bryce Atkins, Acting City Clerk
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Resolution No. 2025- 26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025

EXHIBIT A
City of Gilroy
Mobile Vending Pilot Program Guidelines
Effective Upon Adoption – December 31, 2025 (or until a new ordinance is adopted) To participate in the pilot program, vendors must register with the Administration Department.

A link to register can be found at cityofgilroy. org/ 384/ Economic- Development, or by contacting the City’ s Economic Development team at 408-846-0207.

1. Purpose
The purpose of this Mobile Vending Pilot Program is to allow temporary, regulated food truck operations in designated areas of the City of Gilroy while the City updates its permanent mobile vending ordinance. This pilot program provides an opportunity to evaluate the feasibility, community response, and operational impacts of mobile vending in various settings.

2. Program Duration
The pilot program shall be effective immediately upon adoption and will remain in place until December 31, 2025, or until a revised ordinance is adopted by the City Council, whichever occurs first.

3. General Requirements
All mobile vendors must comply with the following requirements:

Possess a valid Mobile Vending Permit issued by the Gilroy Police Department Possess a valid City of Gilroy Business License
Possess a Santa Clara County Environmental Health Permit (if applicable) Possess a California Department of Tax and Fee Administration Seller’ s Permit Provide proof of permission to use restroom facilities if operating longer than one hour Comply with operational standards established in Chapter 16B for consistency An initial sixty (60) day amnesty period shall be provided for vendors who do not yet possess a City of Gilroy Business License or Mobile Vending Permit. During this amnesty period, participating vendors shall be required to register with the City Administrator or his designee and provide proof of application submission for both the Business License and Mobile Vending Permit, such as a screenshot or other verifiable documentation of the submitted applications.

License/ Permit Organization Contact Information
City of Gilroy Mobile
Vending Permit
City of Gilroy Police Department Telephone – ( 408) 846-0309 City of Gilroy Business
License
City of Gilroy Finance Department Telephone – ( 408) 846-0420 https:// www.cityofgilroy. org/ 207/ B
usiness- Licenses
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Resolution No. 2025- 26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025

License/ Permit Organization Contact Information
Health Permit County of Santa Clara Department
of
Environmental Health, Consumer
Protection Division
Telephone – ( 408) 918-1908
https:// cpd.sccgov. org/ food/ mobilefood-facilities
Sellers Permit California Department of Tax and
Fee
Administration
Telephone – 1-800-400-7115
https:// www.cdtfa.ca.gov/ services/
Overview

4. No Mobile Vending Zones
Mobile vending is prohibited in the following areas:

Public Right-of-Way on Monterey Street and side streets from Leavesley to Luchessa Avenue Private or Public Property fronting Monterey Street

5. Pilot Locations and Conditions
All food trucks operating under this Resolution must ensure permanent restroom and handwashing facilities are available within two hundred ( 200) feet of their operating location if parked for longer than one hour, and must comply with all health, fire, and life safety regulations.

A. Special Events
Food trucks may operate at permitted special events for the duration of the event, provided they are listed on the special event permit. Vendors must follow all location, safety, and sanitation rules during the event.

B. Downtown Locations
Food trucks may operate within the Downtown Specific Plan Area at the 5th Street Parking Lot and the public parking lots adjacent to Gourmet Alley between East 4th Street and East 6th Street, subject to compliance with the City's Mobile Vending Permit and all applicable permitting requirements.

Food truck operations shall be allowed during the months of June through December 2025, on Thursdays, Fridays, Saturdays, and Sundays, not to exceed the hours of 4:00 pm and 2:00 am in the 5th Street Parking Lot, and 2:00 pm to 10:00 pm in designated spaces in the public parking lots adjacent to Gourmet Alley between East 4th Street and East 6th Street, excluding days when special events are scheduled in those areas.

Allowable hours in the 5th Street lot may be adjusted to fit demand.

Private property along Gourmet Alley may be used with owner permission and required permits C. Private Property
Mobile vendors may operate on developed private property in Commercial, Industrial/ Manufacturing, and Mixed-Use
Zoning Districts. Residential zoning districts are prohibited.

Hours of operation: Hours cannot exceed those of the host business, and cannot operate outside of the hours of 6:00 am – 12:00 am.

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Resolution No. 2025- 26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025

Vendors must have written permission from the property owner and must not interfere with minimum required parking requirements.

Vendors may not operate from vacant or undeveloped parcels.

6. Operational Standards
No external signage, flags, or banners (only painted signage compliant with zoning code) No tents, tables, canopies, or other temporary structures allowed.

No generators exceeding acceptable noise levels
Waste and grease must be properly disposed of; vendors must provide trash receptacles Maintain a minimum 5 feet or 50% of sidewalk clearance for pedestrian access Maintain a 25-foot distance from ATMs
In addition, vendors may not operate:

In any city park where there is a concessions agreement that exclusively permits the sale of food or merchandise by a concessionaire.

Within three hundred (300) feet of a permitted, certified farmers’ market or permitted special event during its operation.

Within four hundred (400) feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on school days.

Within six hundred (600) feet of any entertainment establishment between the hours of 10:00 p.m. and 2:30 a.m.

7. Evaluation and Reporting
City staff will monitor and evaluate the pilot program based on:

Public and business feedback
Vendor participation and permit data
Code enforcement or safety issues
Traffic, parking, and pedestrian impact observations
Staff will report findings to the City Council prior to the program’ s conclusion.

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Resolution No. 2025- 26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025

CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025- 26 is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on Monday, June 2, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this June 10, 2025.

Bryce Atkins
Acting City Clerk of the City of Gilroy
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City of Gilroy

STAFF REPORT
Agenda Item Title: Creation of an Ice Center Ad Hoc Committee Meeting Date: August 18, 2025
From: Brag Kilger, City Administrator
Department: Administration
Submitted by: Bryce Atkins, Assistant to the City Administrator Prepared by: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure Promote Economic Development Activities

RECOMMENDATION
Council create a Gilroy Ice Center ad hoc committee.

BACKGROUND
The Gilroy Ice Center represents Phase III of the Sports Park Master Plan. The original 2002 Environmental Impact Report (EIR) for the Sports Park was amended in 2019 to consider the construction of the Ice Center.

In June of 2022, the City and Sharks Sports & Entertainment, LLC (Sharks Sports) entered into a Non-Binding Term Sheet for an Operating Agreement for the proposed Ice Center. On September 19, 2022, the City and Sharks Sports entered into a Consulting and Reimbursement Agreement to complete the design and to get the project ready for construction using a design-build method of contracting.

As currently envisioned, the Ice Center will be an approximately 100,000 SF indoor Center that will house two National Hockey League-sized ice sheets and accompanying uses such as spectator seating, locker rooms, food service, retail, and administrative space. In addition, the project will construct a new parking lot to support the Ice Center.

ANALYSIS

As the project has progressed, there has been a stated desire for an ad hoc committee to be formed to help the project advance and to provide information and recommendations to the full City Council regarding the project. Should Council consent to the creation of the ad hoc committee, the Mayor will then appoint three members to serve on the ad hoc committee with the approval of Council.

An update regarding the Ice Center will be presented at a future meeting of the Council.

ALTERNATIVES
The Council may choose not to form the subcommittee.

FISCAL IMPACT/FUNDING SOURCE
None.

PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.

NEXT STEPS
If approved, the appointed members of the ad hoc committee will coordinate with the City Administrator for their first meeting.

Attachments:

None