2. The GRANT PROJECT was selected as an FY 2021 SFBWQIF grant recipient and received U.S. EPA funding of $1,216.351 with a 50-percent match from recipients as memorialized by an award agreement executed between U.S. EPA and PALO ALTO (Exhibit A).
3. PALO ALTO is acting as the lead agency and administrator for the GRANT PROJECT and will process all invoices and provide grant fund reimbursement for co -grantees, including SANTA CLARA. A grant amount of three hundred thirty-two thousand and three hundred fifty-two dollars ($ 332,902) shall be disbursed to SANTA CLARA during th e GRANT PROJECT period ending March 2026.
4. PALO ALTO and SANTA CLARA shall complete tasks in accordance with the U.S. EPA Grant Agreement #W9 -98T20101-0 CFDA 66.126 (GRANT P ROJECT). The scope of the GRANT PROJECT includes retrofits of two existin g parking lots in PALO ALTO and SANTA CLARA (one in each city jurisdiction), the development of a Guidebook for Greener Parking Facility Design based on le ssons learned, establish ment of a certified workforce training framew ork for G reen Stormwater Infrastructure (GS I) maintenance, and implementation of community outreach opportunities associated with the project sites (Exhibit C).
5. The City of Santa Clara ’s Bowers Park Park ing Lot Rehabilitation Project (herein shall be referred to as the “ PROJECT”) will support the GRANT PROJECT ’s water quality objectives, engage the public and strengthen interagency collaboration.
6. PALO ALTO and SANTA CLARA recognize that there is a local cost-share requirement of the grant and there may b e expenses that are not eligible for the grant reimbursem ent. PALO
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ALTO and SANTA CLARA shall pay for all costs of their respective projects not paid by the grant as specified in this AGREEMENT.
SECTION I
SANTA CLARA AGREES:
1. To complete all required tasks, as identified in Exhibit C, by the Grant Agreement deadline and adhere to U.S. EPA’s terms and conditions.
2. Per U.S. EPA requirements, to provide PALO ALTO with Quarterly Reports two weeks before the report due date. Quarterly Reporting schedule is as follows:
October 1 – December 31 report due by January 30
January 1 – March 31 report due by April 30
April 1 – June 30 report due by July 31
July 1 – September 30 report due by October 31
Quarterly Report shall, at a minimum, include a project description, list of issues requiring U.S. EPA’s attention, summary of tasks completed and in progress, milestones achieved, deliverables completed, and a summary of budget spent and remaining.
3. To provide PALO ALTO with quarterly invoices and supporting documents in accordance with procurement policies of SANTA CLARA and PALO ALTO. SANTA CLARA shall be reimbursed with grant funds throughout the PROJECT for a total amount not to exceed three hundred thirty-two thousand and three hundred fifty-two dollars ($332,902).
4. To provide an in-kind match of $452,447, of which a minimum of $131,783 shall be directed to the SANTA CLARA parking lot retrofit by SANTA CLARA.
5. SANTA CLARA shall be paid for quarterly invoices within 30 days of receipt of reimbursement from U.S. EPA by PALO ALTO. Additional costs beyond specified in this section shall be handled per Section III, Paragraph 3 of this AGREEMENT.
6. To pay all PROJECT costs not paid by the GRANT PROJECT incurred within SANTA CLARA jurisdiction and for the benefit of SANTA CLARA.
SECTION II
PALO ALTO AGREES:
1. To administer the GRANT PROJECT in accordance to the terms and conditions set by the Award Agreement with U.S. EPA, serve as primary contact to U.S. EPA, and provide appropriate coordination with partners, including SANTA CLARA.
2. To ensure all GRANT PROJECT products are developed within submitted project schedule and coordinate task implementation with SANTA CLARA as needed.
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3. To compile and submit quarterly and annual progress reports of the GRANT PROJECT on behalf of SANTA CLARA and co-grantees.
4. To process requests for reimbursement for the grant funds for PROJECT expenditures and provide a quarterly accounting of the grant disbursements and cost share under this AGREEMENT. PALO ALTO shall pay SANTA CLARA for quarterly reports and invoices in arrears and within 30 days of receipt of reimbursements from U.S. EPA. Additional costs beyond specified in this section shall be handled per Section III, Paragraph 3 of this AGREEMENT.
5. To manage and secure all approvals needed to proceed with the GRANT PROJECT as required by the award agreement.
6. To submit a final report of expenditures to U.S. EPA and share it with co-grantees including SANTA CLARA within 120 days after completion of all work associated with the GRANT PROJECT.
7. To use its best efforts to complete the GRANT PROJECT within the grant specified deadlines, or any officially approved sequential extension thereof.
SECTION III
IT IS MUTUALLY AGREED:
1. PALO ALTO is the lead agency for the GRANT PROJECT, and upon execution of this AGREEMENT, will meet with SANTA CLARA staff or designee in order to maintain close coordination and interaction between the agencies throughout PROJECT development.
2. In accomplishing PALO ALTO responsibilities, PALO ALTO may retain consultants, to perform all aspects of the GRANT PROJECT including, but not necessarily limited to water quality monitoring, guidebook development, workforce training, public outreach, and
management for the GRANT PROJECT as PALO ALTO determines to be necessary. PALO ALTO agrees to coordinate communication with SANTA CLARA regarding consultant selection.
3. SANTA CLARA and PALO ALTO shall not be required to pay, other than the contributions for their respective PROJECTs, with their own funds any costs incurred in carrying out the duties outlined in this AGREEMENT. SANTA CLARA and PALO ALTO shall not perform any work beyond the amount of funds provided in the last approved GRANT PROJECT estimate until an amendment to this AGREEMENT is executed adding funds to cover the current GRANT PROJECT cost estimate. The Parties shall meet and confer if change order(s) is/are required that affect the schedule and division or allocation of joint funding for the GRANT PROJECT which require an amendment(s) to this AGREEMENT.
4. Both PALO ALTO and SANTA CLARA agree to prioritize the completion of their respective
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parking lot retrofit improvements. Reallocation of grant funds from other non-construction tasks will be discussed among and agreed upon by PALO ALTO, SANTA CLARA and co- grantees if considered necessary by all grantees.
5. In the event that the GRANT PROJECT does not proceed, PALO ALTO and SANTA CLARA agree not to proceed with the GRANT PROJECT and their respective PROJECTs.
In this case, PALO ALTO and SANTA CLARA will meet to determine further course of action.
6. U.S. EPA reserves the right to audit the expenses incurred in the performance of this AGREEMENT. PALO ALTO and SANTA CLARA shall retain all records related to the GRANT PROJECT for three (3) years after its completion. During this period, PALO ALTO and SANTA CLARA shall make these records available to each Party or its agent for inspection within ten (10) working days upon a written request.
7. The Public Works Director of PALO ALTO or his designee is hereby made the representative of PALO ALTO for all purposes under this AGREEMENT.
8. The Public Works Director of SANTA CLARA or his designee is hereby made the representative of SANTA CLARA for all purposes under this AGREEMENT.
9. SANTA CLARA and PALO ALTO will be responsible for maintaining their respective PROJECTS once constructed.
10. In lieu of Government Code 895.6 which might be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred shall not be shared pro rata but instead the Parties agree that pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify, defend and hold the other Party, its officers, employees and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees or agents, under or in connection with any work, authority or jurisdiction delegated to such Party under this AGREEMENT. Neither Party, nor any officers, employees or agents, under or in connection with any work, authority or jurisdiction are delegated to such other Party under this AGREEMENT.
11. The failure of either Party to insist upon the strict performance of any of the terms, covenant and conditions of this AGREEMENT shall not be deemed a waiver of their right to require strict performance of all of the terms, covenants, and conditions thereafter.
12. Any notice required to be given by either Party, or which either Party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:
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TO PALO ALTO:
Brad Eggleston, Director of Public Works
City of Palo Alto, Public Works Department
250 Hamilton Avenue
Palo Alto, CA 94301
TO SANTA CLARA:
Craig Mobeck, Director of Public Works
City of Santa Clara, Public Works Department
1500 Warburton Avenue
Santa Clara, CA 95050
13. If a question arises regarding interpretation of this AGREEMENT or its performance, or the alleged failure of a Party to perform, the Party raising the question or making the allegatio n shall give written notice thereof to the other Party. The Parties shall promptly me et in an effort to resolve the issues. If the Parties fail to resolve the issues r aised, alternative forms of dispute resolution, includ ing mediation or binding arbitratio n, may be pursued by mutual agreement. It is the express intent of the Parties that litigation be avoided as a method of dispute resolution.
14. This AGREEMENT c onstitutes the entire AG REEMENT betw een the Parties pertaining to the subject matter contained th erein and supersedes all prior or contemporaneous agreements, representations and understandings of the Parties relative thereto.
15. Future amendments to this AG REEMENT shall be process ed by mutual agreement of the Parties. Mutual consent shall be reached th rough negotiations. N otice to amend this AGREEMENT shall be provided thirty (30) cale ndar days prior to the desired effective date of such amendment.
16. This AGREEMENT s hall be effectiv e until the c ompletion of the one -year warranty following the completion and acceptance of the GRANT PROJECT.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
“SANTA CLARA”
City of Santa Clara
a municipal corporation
By:
Rajeev Batra
Interim City Manager
“PALO ALTO”
City of Palo Alto
a municipal corporation
By:
Ed Shikada
City Manager
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Attest:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO FORM:
By:
Molly Stump
City Attorney
APPROVED AS TO CONTENT:
By:
Brad Eggleston
Director of Public Works
Attachment:
A: U.S. EPA Award grant agreement
B: Grant Project Budget Details
C: Grant Project Scope of Service (Narratives)
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City of Palo Alto (ID # 14762)
City Council Staff Report
Meeting Date: 10/17/2022 Report Type:
City of Palo Alto Page 1
Title: TEFRA Hearing Regarding Conduit Financing for the Kehillah Jewish High School's for the Partial or Full Refinancing of the 2014 Loan and Financing the Development, Construction, Renovation, Improvement and Equipping of the Corporation's Campus at 3 900 Fabian Way, Palo Alto; and Approving the issuance of a Tax -exempt Loan by the California Municipal Finance Authority for this Purpose and Other Matters Relating Thereto From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends the City Council:
1) Conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1983 (TEFRA) and the Internal Revenue Code of 1986, as amended (Code); and
2) Adopt a resolution (Attachment A) approving the iss uance of the loan(s) by the California Municipal Finance Authority (CMFA) for the benefit of Kehillah Jewish High School (the “Borrower”).
Background
Kehillah Jewish High School (the “Borrower”), a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), has requested that the California Municipal Finance Authority (the “Authority”) participate in the issuance of one or more series of qualified 501(c) (3) tax-exempt loan(s) in an aggregate principal amount not to exceed $10,500,000 (collectively, the “ Loan(s)”) in order to: (1) prepay in full or part the outstanding balance of the Authority’s 2014 Tax - Exempt Loan (Kehillah Jewish High School) (the “2014 Loan”); (2) finance the costs of construction, renovation, improvement and equipping of the Corporation’s campus at 3900 Fabian Way, Palo Alto, California 94303 (the “Facilities”), and (3) pay various costs of executing and delivering the Loan(s) and othe r related costs (collectively, the “2022 Projects”). The proposed Loan(s) will be secured under the provision of a n Indenture and Loan Agreement and 6 Packet Pg. 225
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will be payable solely by revenues consisting primarily of Loan (s) Repayments made by the Borrower.
The proceeds of the 2014 Loan were used by the Corporation to (A) refund the outstanding principal amount of the Authority’s Variable Rate Demand Revenue Bonds (Kehillah Jewish High School) Series 2009 (the “2009 Bonds”), the proceeds of which were to enable t he Corporation to finance or refinance the costs of the acquisition, construction, renovation and improvement of the Facilities; and (B) pay various costs of issuance and other related costs with respect to the 2014 Loan (the “2014 Projects, and collectively with the 2022 Project, the “Projects”).
In order for all or a portion of the Loan(s) to qualify as a tax -exempt loan, the City of Palo Alto , at the request of the Borrower and CMFA, is conducting a public hearing (TEFRA Hearing), providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt Loan(s) for the financing of the project. Prior to the hearing, reasonable notice must be provided to the members of the community. This was done by the Borrower ’s (via CMFA) financing team with coordination with the City Clerk’s Office. Following the close of the TEFRA hearing, an “applicable elected representative” of the governmental unit hosting the proposed project must provide its approval of the issuance of the Loan(s) for the financing of the project.
Discussion
Since the facilities to be financed with the proceeds of the CMFA’s debt are located within the jurisdiction of the City of Palo Alto, the City has been asked to conduct a TEFRA hearing and adopt a resolut ion (Attachment A) that approves the issuance of the Loan(s) by the CMFA for the benefit of the Borrower. Again, the proposed Loan(s) will be a limited obligation of the CMFA, secured under the provision of an Indenture and Loan Agreement, and will be paya ble solely by revenues consisting primarily of Loan Repayments made by the Borrower.
As cited in the published notice of September 22, 2022, the public hearing is simply an opportunity for all interested persons to speak or to submit written comments conc erning the proposal to issue the debt and the nature or location of the facility to be financed; however there is no formal obligation on the part of the Borrower, CMFA, or the Council to respond to any specific comments made during the hearing or submitted in writing.
The Loan(s) are intended to partially or fully refinance the 2014 Loan and finance the Project described herein for the acquisition, construction, improvement, equipping and maintenance of certain educational, support and administrative facilities owned and operated within the City by the Borrower.
The CMFA is a joint exercise of powers authority that the City became a member of on April 14, 2008. The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and 6 Packet Pg. 226
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obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. The Loan(s) to be issued by the CMFA for the project will be the sole responsibility of the Borrower, and the City of Palo Alto will have no financial, legal, moral obligation, liability or responsibility for the project or the repayment of the Loan(s) for the financing of the project. All financing documents with res pect to the issuance of the Loan(s) will contain clear disclaimers that the Loan(s) are not an obligation of the City of Palo Alto or the State of California but is to be paid for solely from funds provided by the Borrower.
The City is in no way exposed to any financial liability by reason of its membership in the CMFA.
In addition, participation by the City in the CMFA does not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the Loan(s) will be required. Based on the benefits of the project to the Palo Alto community and the lack of an y financial obligations on the part of the City, staff recommends that Council approve the attached resolution.
Resource Impact
As stated, the City will incur no financial obligation from approval of the recommendations. The Borrower is requesting the is suance up to $10,500,000 Loan(s) through CMFA. The City will receive a fee for its services when the Loan(s) are issued (est. $7,000).
Policy Implications
Actions recommended in this report are consistent with Council’s prior actions in supporting non-profit financings under the TEFRA (e.g., most recently approving tax -exempt financing through the California Municipal Finance Authority for Wilton Court on February 10, 2020 (CMR ID # 10976) and Silicon Valley International School on September 13, 2021 (CMR ID # 13445, item # 5) and again recently on April 11, 2022 (CMR ID # 14048, item # 11).
Stakeholder Engagement
City staff coordinated with representatives of CMFA to prepare for the TEFRA hearing.
Environmental Review
Action on this item does not constitute a project under Section 21065 of the Public Resources Code.
Attachments:
• Attachment6.a: Attachment A: TEFRA Resolution- Kehillah Jewish High School 6 Packet Pg. 227
NOT YET APPROVED
3704935.5 046219 RSIND
Resolution No. ____
TEFRA Hearing Regarding Conduit Financing for Kehillah Jewish High School for the Purpose of Prepaying in Full or Part the California Municipal Finance Authority’s 2014 Tax -Exempt Loan (Kehillah Jewish High School) and the Financing and Refinancing of Construction, Improvement, Renovation, Furnishing and/or Equipping of Certain Facilities of Kehillah Jewish High School; and Approving the Issuance of a Tax-Exempt Loan by the California Municipal Finance Authority for this Purpose and Other Matters Relating Thereto
R E C I T A L S
A. Kehillah Jewish High School (the “Corporation”) , a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), has requested that the California Municipal Finance Authority (the “Authority”) participate in the issuance of one or more series of qualified 501(c)(3) tax-exempt loans in an aggregate principal amount not to exceed $10,500,000 (collectively, the “Loan”) in order to: (1) prepay in full or part the outstanding balance of the Authority’s 2014 Tax -Exempt Loan (Kehillah Jewish High School) (the “2014 Loan”) ; (2) finance or refinance the costs of construction, improvement, renovation, furnishing and equipp ing of the Corporation’s campus at 3900 Fabian Way, Palo Alto, California 94303 (the “Facilities”); and (3) pay various costs of executing and delivering the Loan and other related costs (collectively, the “ 2022 Project s”). The proceeds of the 2014 Loan w ere us ed by the Corporation to (A) refund the outstanding principal amount of the Authority’s Variable Rate Demand Revenue Bonds (Kehillah Jewish High School) Series 2009 , the proceeds of which were loaned to the Corporation to enable the Corporation to fi nance or refinance the costs of the acquisition, construction, renovation and improvement of the Facilities; and (B) pay various costs of issuance and other related costs with respect to the 2014 Loan (the “2014 Project s,” and collectively with the 2022 Project, the “Projects”); and
B. Pursuant to Section 147(f) of the Code, the issuance of the Loan by the Authority must be approved by the City of Palo Alto (the “City”) because the Projects are to be located within the territorial limits of the City; and
C. The City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Loan under Section 147(f) of the Code; and
D. The Aut hority has requested that the City Council approve the issuance of the Loan by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relat ing
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to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
E. Pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Loan, and now desires to approve the issuance of the Loan by the Authority;
The Council of the City of Palo Alto RESOLVES as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council , as the “applicabl e elected representative” of the governmental unit on behalf of which the Loan will be issued and having jurisdiction over the territorial limits in which the Projects are to be located, hereby approves the issuance of the Loan by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Loan by the Authority for the purposes of:
(a) Section 147(f) of the Code, by the applicab le elected representative of the governmental unit having jurisdiction over the area in which the Projects are to be located, in accordance with said Section 147(f), and (b) Section 4 of the Agreement.
Section 3. The issuance of the Loan shall be subject to approval of the Authority of all financing documents relati ng thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Loan.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing with respect to the Project s; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project s; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5 . The officers of the City are h ereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. / /
/ /
/ /
/ /
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Section 6. This resolution shall take effect immediately upon its adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney City Manager
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City of Palo Alto (ID # 14643)
City Council Staff Report
Meeting Date: 10/17/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: PUBLIC HEARING: Adoption of Nine Ordinances That Repeal and Adopt Various Sections of the Palo Alto Municipal Code (PAMC) Related to the 2022 CA Building Codes (CA Code of Regulations Title 24) Update and Proposed Local Amendments; including: (1) Ch apter 15.04 Incorporating the 2022 CA Fire Code With Local Amendments; (2) Chapter 16.04 Incorporating the 2022 CA Building Code With Local Amendments; (3) Chapter 16.05 Incorporating the 2022 CA Mechanical Code With Local Amendments; (4) Chapter 16.06 Incorporating the 2022 CA Residential Code With Local Amendments and Amending Chapter 16.52 to Align Federal, State, and Local Flood Hazard Regulations; (5) Chapter 16.08 Incorporating the 2022 CA Plumbing Code With Local Amendments; (6) Chapter 16.16 Incorpo rating the 2022 CA Electrical Code With Local Amendments; (7) Chapter 16.18 Incorporating the 2021 International Swimming Pool and Spa Code With Local Amendments; (8) Chapter 16.14 Incorporating the 2022 CA Green Building Standards Code with Local Amendme nts; (9) Chapter 16.17 Incorporating the 2022 CA Energy Code Without Local Amendments. Environmental Assessment: Project is Exempt Under CA Environmental Quality Act CEQA Guidelines Sections 15061(b)(3) and 15308.
From: City Manager
Lead Department: Plann ing and Development Services
RECOMMENDATION
Staff recommends that the City Council adopt the attached nine ordinances that repeal and adopt various sections of the Palo Alto Municipal Code (PAMC) related to the 2022 California Building Codes (Cal. Code of Regulations Title 24) and proposed local amendments:
(1) An ordinance repealing PAMC Chapter 15.04 and adopting a new Chapter 15.04 incorporating the 2022 Cal. Fire Code with local amendments; (2) An ordinance repealing PAMC Chapter 16.04 and adopting a new Chapter 16.04 incorporating the 2022 Cal. Building Codes and local amendments; 7 Packet Pg. 231
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(3) An ordinance repealing PAMC Chapter 16.05 and adopting a new Chapter 16.05 incorporating the 2022 Cal. Mechanical Code with local amendments; (4) An ordinance repealing PAMC Chapter 16.06 and adopting a new Chapter 16.06 incorporating the 2022 Cal. Residential Code with local amendments and amending PAMC Chapter 16.52 to align federal, state, and local regulations regarding flood hazards;
(5) An ordinance repealing PAMC Chapter 16.08 and adopting a new Chapter 16.08 incorporating the 2022 Cal. Plumbing Code with local amendments; (6) An ordinance repealing PAMC Chapter 16.16 and adopting a new Chapter 16.16 incorporating the 2022 Cal. Electrical Code with local amendments; (7) An ordinance repealing PAMC Chapter 16.18 and adopting a new Chapter 16.18 incorporating the 2021 International Swimming Pool and Spa Code with local amendments;
(8) An ordinance repealing PAMC Chapter 16.14 and adopting a new Chapter 16.14 incorporating the 2022 Cal. Green Building Standards Code with local amendments; (9) An ordinance repealing PAMC Chapter 16.17 and adopting a new Chapter 16.17 incorporating the 2022 Cal. Energy Code without local amendments.
EXECUTIVE SUMMARY
Every three years the State of California adopts and publishes a set of new construction codes referred to as the California Building Standards Code (CBSC) or California Code of Regulations (CCR), Title 24. Local jurisdictions must either adopt the CBSC for local enforcement or enact more stringent building standards to protect the community due to local conditions.
This year, amendments to the 2022 California Green Building Standards Code (CALGreen) will continue to support Palo Alto’s leadership in promoting energy efficiency and reducing greenhouse gas emissions by requiring all-electric new construction buildings and will continue supporting sustainable design related to electric vehicle (EV) charging infrastructure, building electrification, water efficiency, material conservation and resource efficiency, and environmental quality in new and existing buildings.
All of the nine ordinances required to adopt the 2022 CBSC will be transmitted late packet to the City Council. A summary of the changes for each ordinance is included with this report and will be reprinted with the late packet memo.
Most of the proposed local changes carry forward previous amendments and provide further clarification on previously adopted Building and Fire Codes. Some previously adopted local amendments have now become statewide standards and are no longer necessary as local amendments. The local amendments that are proposed mainly relate to soils susceptible to liquefaction, expansive soil, and some structural amendments required due to the proximity of 7 Packet Pg. 232
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Palo Alto to the major San Andreas and Hayward earthquake fault lines. Some notable proposed local amendments include disallowing gypsum board (sheetrock) as a structural resistance element to resist earthquake and requiring additional fire sprinkler protection in higher firefighting hazardous conditions. One new recommended amendment establishes a dwelling unit occupancy threshold that currently does not exist.
The proposed Fire and Building Code amendments are similar to the code amendments of neighboring jurisdictions, such as City of Sunnyvale and the City of Fremont, that have similar local climatic, geologic, topographic, and environmental conditions.
The California Building Standards Code no longer includes minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools and spas as provided by the 2021 International Swimming Pool and Spa Code (ISPSC); these requirements are proposed as locally adopted standards and included as part of the proposed ordinances.
Lastly, parts of Palo Alto are in special flood hazard areas established by the Federal Emergency Management Agency (FEMA). Palo Alto Municipal Code Chapter 16.52 includes construction provisions for structures in the flood zone. Sections of this chapter are proposed to be amended to align with the California Building Standards Code (California Building and Residential Code) and with new Federal requirements.
A public hearing is required to adopt the model State codes and local amendments, which must be supported by applicable findings, which are provided as exhibits to the ordinances. This report explains the process for adoption of the 2022 California Building Standards Code that will become effective statewide on January 1, 2023 and summarizes the proposed local amendments.
BACKGROUND
The California Building Standards Commission is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing building standards for the State of California. Every three years, the Califo rnia Building Standards Commission adopts a compilation of building regulations referred to as the California Building Standards Code (California Code of Regulations, Title 24). Through the code adoption process, the California Building Standards Commissio n selects and approves a set of model codes.
Inclusive in these regulations are the California Building, Mechanical, Plumbing, Electrical, Existing Buildings, Fire, Energy, Residential Building, Historical Building, and Green Building Codes. Participating State agencies, such as State Fire Marshal (SFM), Division of the State Architect (DSA), Housing and Community Development (HCD), and Office of Statewide Health Planning and Development (OSHPD), have an opportunity to amend the code for the occupancy groups under their respective authorities. Local governments or jurisdictions can also modify the code to add more restrictive provisions based on their specific local geologic, climatic, and topographic conditions to protect their communities. Any local amend ments to the above - mandated codes must be more restrictive than the State Building Standards Code and must be 7 Packet Pg. 233
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substantiated with findings, per California Health & Safety Code Section 17958. The administrative provisions of the code can be modified without specific justification based on local conditions per California Health & Safety Code Section 18909(C). Staff also recommends adopting the 2021 International Swimming Pool and Spa Code (ISPSC). This model code provides minimum requirements for the design, c onstruction, alteration, repair, and maintenance of swimming pools and spas, which are not available in the California Building Standards Code.
Palo Alto has long been a leading jurisdiction in the areas of sustainability and energy efficiency.
In June 2008, the City adopted its first set of green building regulations to incorporate green building techniques and materials in private residential and nonresidential development projects1. Later that year, the City adopted a local energy ordinance to require new buildings to exceed California’s building energy efficiency standards by 15%2; this is commonly known as the Energy Reach Code. These local energy and green building regulations are intended to create a generation of efficient, environmentally responsible, and healthy buildings.
In 2010, the State of California published the first version of the California Green Building Standards Code, also known as CALGreen. CALGreen includes certain mandatory requirements as well as two tiers of voluntary green bui lding measures for enhanced building design and performance. The mandatory requirements involve water and energy efficiencies, indoor air quality, and the use of sustainable building materials. Voluntary measures, on the other hand, are encouraged to enh ance the requirements and/or add sustainable features, such as photovoltaic solar. Palo Alto adopted the 2010 CALGreen voluntary tiers as locally mandatory requirements for non -residential projects that meet specific criteria. For residential projects, the City also adopted additional green building requirements beyond CALGreen 3.
In April 2016, Council adopted a Sustainability and Climate Action Plan (S/CAP) framework, with the ambitious goal of reducing greenhouse gas emissions 80% below 1990 levels by 2030, which is 20 years ahead of California’s goal (EO S -3-05). The four focus areas in the S/CAP include energy, electric vehicles, mobility, and water. The City’s Green Building Ordinance and Energy Reach Code (collectively referenced as “Reach Codes” in this staff report) address three of these four areas. The Palo Alto Green Building Advisory Group (GBAG), consisting of green building professionals including architects, engineers, energy compliance designers, and contractors, convened to develop recommen dations on local amendments that go beyond the state’s 2016 building standards. Based on the GBAG recommendations, Council adopted the 2016 Energy Reach Code that exceeded the state’s building energy standards by 10 to 20% depending on the building type; a ll-electric designs were exempted from these Energy Reach
1 Ordinance No. 5006 was passed in June 2008 to add a new chapter of Green Building Regulations in the City’s Zoning code.
2 Ordinance No. 5024 was passed in December 2008 to add Chapter 16.18 in the Palo Alto Municipal code establishing local energy efficiency standards for new buildings. 3 Ordinance No. 5107 was passed in December 2010.
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Code requirements.
In December 2019, Council adopted local amendments to the 2019 California Building Energy Efficiency Standards (California Energy Code) that require: (i) all -electric design for low-rise residential new construction projects beginning in April 2020, and (ii) all -electric preferred design for nonresidential new construction projects; mixed -fuel design will need to be more efficient than the State’s building energy standard and als o meet electric -readiness requirements. Council further directed staff to return to City Council with:
• an updated energy code ordinance to mandate an all -electric design for all new buildings by the end of 2020
• research efficient electric alternatives to r eplace gas appliances in existing homes, along with funding sources
• engage stakeholders in a discussion regarding changes to the zoning and building codes to define when a substantially remodeled structure is considered new construction and therefore, subject to current standards.
Staff is presenting updated codes in accordance with California Code of Regulations (CCR), Title 24, and the 2022 Codes will become effective on January 1, 2023; however, the building permit application date establishes which spe cific code edition applicable to a building project.
Therefore, projects submitted for a permit on or after January 1, 2023, must be designed to the 2022 edition of the California Building Standards Code. Nine ordinances are included in the recommended code updates as described below:
A. Ordinance repealing Chapter 15.04 of the Palo Alto Municipal Code and adopting a new Chapter 15.04, California Fire Code, 2022 Edition, and local amendments and related findings – The 2022 California Fire Code is based on the 2021 International Fire Code. The 2022 code improves upon the 2019 Standards for reducing hazards, increasing fire and life safety, and property preservation. Most local amendments are derived from the collaborative efforts of the Santa Clara County Fire Marshal’s Association. (Attachment A)
B. Ordinance repealing Chapter 16.04 of the Palo Alto Municipal Code and adopting a new Chapter 16.04, California Building Code, California Historical Building Code, and California Existing Building Code, 2022 Editions, and local amendments and related findings – The California Building Code (CBC) is the fundamental building code within the State of California that regulates most new building construction and is based on the 2021 International Building Code (IBC), written by the International Code Council (ICC), as amended by the California Building Standards Commission. The 2022 California Historical Building Code (CHBC) is unique to California and prescribes building standards for designated historic structures aimed at balancing the goals of historic preservation with life safety and accessibility concerns when the provisions of the regular building code cannot be achieved. The 2022 California Existing Building Code (CEBC) is based on the 2021 International Existing Building Code, also written by the ICC, as amended by 7 Packet Pg. 235
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the Building Standards Commission. Like the CHBC, the CEBC prescribes alternative building standards for repairs to existing structures when the provisions of the regular code cannot be achieved. (Attachment B)
C. Ordinance repealing Chapter 16.05 of the Palo Alto Municipal Code and adopting a new Chapter 16.05, California Mechanical Code, 2022 Edition, and local amendments and related findings – The California Mechanical Code (CMC) is based on the 2021 Uniform Mechanical Code (UMC), written by the International Association of Plumbing & Mechanical Officials (IAPMO), as amended by the California Building Standards Commission, and prescribes standards for mechanical heating, ventilating and cooling systems, and appurtenant equipment, within buildings. (Attachment C)
D. Ordinance repealing Chapter 16.06 of the Palo Alto Municipal Code and adopting a new Chapter 16.06, California Residential Code, 2022 Edition, and local amendments and related findings; and amending Chapter 16.52 to align with federal, state, and local regulations for flood hazards – The California Residential Code (CRC) is based on the 2021 International Residential Code (IRC), which is written by the International Code Council, as amended by the California Building Standards Commission. The Residential Code is a simplified version of the Building Code and prescribes building standards for low-rise (one and two-story), detached single and two-family dwelling units, and townhouses not more than three stories in height. (Attachment D)
Chapter 16.52 was last updated in May of 2004 through ordinance 4824. The codified requirements were consistent with the 2001 CBSC. Beginning with the 2010 CBSC, however, the state has required a minimum one-foot of freeboard requirement, which exceeds the requirement codified in Chapter 16.52. In addition, in 2021 the Community Rating System (CRS) Coordination Manual, a manual for a National Flood Insurance Program that incentivizes communities to participate by associating a lower CRS rating number with higher flood insurance premium discounts, amended one of the pre- requisite requirements. As of 2021, a community must set a minimum 1-foot of freeboard requirement to maintain a rating of 8 or lower. The Palo Alto community has a CRS rating of 6 and receives a 20% discount in flood insurance for residents who purchase flood insurance. City staff have recently been requiring applicants to comply with the more stringent requirement and now propose to align the municipal code with current practice and the state and federal standards. (Attachment D)
E. Ordinance repealing Chapter 16.08 of the Palo Alto Municipal Code and adopting a new Chapter 16.08, California Plumbing Code, 2022 Edition, and local amendments and related findings – The California Plumbing Code (CPC) is based on the 2018 Uniform Plumbing Code (UPC), also written by the International Association of Plumbing and Mechanical Officials (IAPMO), as amended by the California Building Standards Commission, and prescribes standards for water and wastewater distribution systems, and appurtenant equipment, within buildings. (Attachment E) 7 Packet Pg. 236
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F. Ordinance repealing Chapter 16.16 of the Palo Alto Municipal Code and adopting a new Chapter 16.16, California Electrical Code, 2022 Edition, and local amendments and related findings – The 2022 California Electrical Code (CEC) is based on the 2020 National Electrical Code, written by the National Fire Protection Agency (NFPA), as amended by the California Building Standards Commission, for appurtenant equipment within buildings. (Attachment F)
G. Ordinance repealing Chapter 16.18 of the Palo Alto Municipal Code and adopting a new Chapter 16.18, Private Swimming Pool and Spa Code, 2022 Edition – The Private Swimming Pool and Spa Code is based on the 2021 International Swimming Pool and Spa Code (ISPSC) to regulate private residential swimming pools and spas. (Attachment G)
H. Ordinance repealing Chapter 16.14 of the Palo Alto Municipal Code and adopting a new Chapter 16.14, California Green Building Standard Code, 2022 Edition, and local amendments and related findings – The California Green Building Standard Code (CALGreen) is unique to California. The purpose of CALGreen is to improve public health, safety, and general welfare through enhancement of the design and construction of buildings using building concepts that reduce negative impacts, generate positive environmental impacts, and encourage sustainable construction practices. As such, CALGreen in conjunction with City of Palo Alto amendments apply to planning, design, operation, construction, use, and occupancy of residential and non-residential construction. (Attachment H)
I. Ordinance repealing Chapter 16.17 of the Palo Alto Municipal Code and adopting a new Chapter 16.17, California Energy Code, 2022 Edition – The California Energy Code is unique to California. The 2022 Energy Code encourages efficient electric heat pumps in an effort to reduce energy usage and to produce fewer emissions than traditional HVACs and water heaters; establishes electric-ready requirements for buildings for cleaner electric heating, cooking, and electric vehicle charging; and expands solar photovoltaic and battery storage standards to be ready when needed and reduce the grid’s reliance on fossil fuel power plants; and strengthens ventilation standards to reduce illness from poor air quality and reduce disease transmission. (Attachment I)
DISCUSSION
The City has historically amended the California Building Standards Code triennially. The proposed amendments represent a continuation of some of the local amendments currently in effect. A discussion of the more substantive local amendments to the 2022 California Building Standards Code, include the following, which are discussed in more detail below:
1. Administrative Amendments;
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2. Soils Reports requirement;
3. Plain Concrete, Embodied Concrete, and Concrete Special Inspection;
4. Ventilation of weather-exposed enclosed assemblies;
5. Fire Resistant Construction and Fire Separation;
6. Wood Structures and Prescriptive Conventional Construction;
7. California Mechanical Code Amendments;
8. California Plumbing Code Amendments;
9. California Electrical Code Amendments;
10. Automatic Fire Extinguishing Systems;
11. California Fire Code Amendments;
12. Flood resistance construction;
13. Structural Amendments and Suspended Ceiling;
14. Appendix chapters in 2022 California Building Standards Code;
15. California Residential Building Code; and
16. California Green Building Standards Code (CALGreen) and Energy Code
1. Administrative Amendments: The administrative amendments for the Building, Electrical, Green Standards, Mechanical, Plumbing, Residential, Existing Building, Historic, and Fire codes include:
• Work exempt from a building permit;
• When a demolition permit is required;
• Time limitation of application, its expiration, and term limit for permit; • Process for permit refunds and when re-inspection fee is assessed; • Application process to obtain a building permit;
• Preliminary accessibility inspection is required;
• Use and occupancy, change of occupancy, and temporary occupancy requirements; • Stop work order for violations of the ordinance; and
Many of these administrative amendments are carried forward from the previous code adoption and clarified as needed. To avoid confusion and enable ease of application, Chapter 1 of the 2022 California Building Code will serve as the primary administrative chapter for all adopted codes in lieu of including a separate administrative chapter for each code. New amendments pertain to fence material and its height. The fence height code is amended to define the fence materials (a wood fence 7 feet or less or concrete/masonry fence 4 feet or less is exempt from permit requirements). Taller walls with heavier materials will require engineering to avoid failure due to high wind and earthquake events.
2. Soils Reports Requirements: The amendment is carried forward to allow light framed construction to use a prescriptive thicker, wider and deeper continuous footing in lieu of requiring a soils report for 1, 2, and 3 stories of light-framed construction.
3. Plain Concrete, Embodied Concrete, and Concrete Special Inspection: Concrete is strong in compression and is weak in tension. For this reason, it needs help in resisting 7 Packet Pg. 238
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tensile stresses caused by bending forces from applied loads, which would ultimately result in cracking and potentially failure. Plain concrete has proven to perform poorly due to dynamic cyclic loading in the Loma Prieta and Northridge earthquakes; structural elements require reinforcements. This amendment is carried forward from the previous code adoption. The concrete special inspection code section is amended and provides further clarification when special inspection by a special inspector agency is required.
This is to ensure the quality of major structural elements and their connections are constructed correctly with proper inspections and confirm these elements perform effectively as part of the vertical and lateral resisting systems of the buildings. As part of the proposed code adoption, staff proposes low carbon concrete requirements in the area of building construction when concrete is used. See the CALGreen discussion below for detailed discussion.
4. Ventilation of weather-exposed enclosed assemblies: The amendment is deleted as the requirement to provide cross ventilation in the enclosed floor space of a balcony to avoid dry-rotting of the structural framing members is now in the California Building Code. This amendment was added previously in the last code adoption due to the Berkeley balcony collapse which resulted in the death of six people.
5. Fire Resistant Construction and Fire Separation: The 2022 Codes continue to rely heavily on the installation of fire sprinkler systems. Under the 2022 Codes, a fire extinguishing system can be used to increase the overall building height and floor area and to reduce the fire resistivity of its structural elements, exterior walls, and exit corridors. The California State Fire Marshal’s Office (SFM), again, rejected some of these provisions for occupancy groups under their authority and limited the use of fire sprinkler systems to either increase floor area or height, but not both. The SFM also does not allow a sprinkler system to be used to reduce the required fire-resistant construction of roof-tops, exit corridors, and occupancy separations between units of multi-unit residential units. The local amendments maintain fire resistance of walls separating sleeping units in multifamily, hotels and motels, and extend this requirement to duplexes. This fire-resistant specification is already required for all other multi-unit residential buildings.
6. Wood Structures and Prescriptive Conventional Construction: The amendments carry forward from previous code adoption the requirements disallowing certain types of brittle wall coverings (stucco, sheetrock) for seismic load-resisting elements, which have performed poorly in previous earthquakes.
7. California Mechanical Code Amendments: The proposed amendment requires fire protection of the kitchen type I hood and duct system for all buildings to prevent the spread of fire into concealed ceiling space. There were a number of grease duct fires in single-story buildings, which were contained by shafts. If the shaft had not been fire- rated, the fire would have easily spread to the roof and other portions of the building. 7 Packet Pg. 239
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Therefore, the amendment will ensure that any new hood or duct is enclosed and protected by fire-rated materials.
8. California Plumbing Code Amendments: These Plumbing Code amendments are intended to promote consistency with Palo Alto’s Sewer Use Ordinance (PAMC Chapter
16.09), support the City’s efforts to reduce copper and other heavy metal discharges to the Wastewater Treatment Plant, and increase water conservation efforts (e.g. the prohibition of single-pass cooling systems). This amendment carries forward previous code adoption.
9. California Electrical Code Amendments: The Electrical Code amendments carry forward the requirement of a housekeeping pad under electrical equipment directly supported on slab floor subject to shallow floods and floor cleaners for protection of equipment and third-party field evaluation for unlisted equipment to protect the end users.
10. Automatic Fire Extinguishing Systems Amendments: Most requirements for Automatic Fire Extinguishing Systems (AFES) are being carried forward with minor changes made for clarification purposes. These include minor language updates for residential sprinkler systems required in new or altered basements and altered single-family dwellings. New amendments include an increase in fire protection for laboratory storage/use of hazardous materials and structures with higher firefighting hazardous conditions and the wildland-urban interface fire area.
11. California Fire Code Amendments: The majority of proposed amendments are mostly administrative and are similar to amendments or practices currently in place. Several sections of the California Fire Code (CFC) related to definitions, fire sprinkler specifications and hazardous materials are amended to allow the Fire Department greater flexibility and application of life safety and property conservation controls. New amendments include: HazMat permits, lithium battery storage, fire equipment identification, and fire sprinkler design. These can be summarized as follows:
• Amended or added operational permits for underground storage tanks, battery operated equipment, liquid gas fueled equipment, and hot work. • Removed a significant portion of section 315.8 Lithium battery storage and section 321 related to additive manufacturing due to new sections added to 2022 CFC.
• Added a section on Fire protection equipment to be painted red for identification.
• Specified language on residential sprinklers required in basements and single- family dwellings.
• Amended the qualifications for NFPA 13 sprinkler systems to further define where and what densities are required for higher level of protection to life and property, including light hazard designed with larger remote area, laboratory areas with ordinary hazard 2 density, and parking areas with mechanical vehicle 7 Packet Pg. 240
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storage equipment with extra hazard 2 density. Multi-residential apartments, townhomes, and condominiums must also be designed to NFPA 13. • Increased fire sprinkler design criteria for residential structures determined to have higher firefighting hazardous conditions or located in the wildland urban interface.
• Defined where emergency lighting is required in a building, all public restrooms will be covered.
• Amended emergency escape and rescue openings in basements and storm shelters to match CRC ordinance.
• Amended the large-scale fire test for energy storage systems to include reference to NFPA 855 Standard for the Installation of Stationary Energy Storage Systems. Placement of residential energy storage systems also amended to exclude below or above emergency escape and rescue openings. • Amended Chapter 49 Requirements for Wildland-Urban Interface Fire Area to incorporate new code section from 2022 CFC.
• Provided administrative updates to hazmat sections with new formatting, and clarification of definitions and processes.
12. Flood resistant construction: The California Residential and Building Codes provide minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulations of development in flood hazard areas. These code provisions specify flood loads and flood resistant construction materials and installation methods, which include construction practices to minimize unnecessary disruption of commerce and allow access and public service during times of flooding. The proposed amendments to the Municipal Code Chapter 16.52 include adding frequently used terms and definitions and clarifying the flood resistant provisions for basements, garages and openings within crawl spaces. This ordinance will also codify the minimum freeboard requirement for finished floor elevation and language regarding technical data submittals to FEMA. The minimum one- foot of freeboard requirement was introduced in the 2010 CBC. It was also adopted in 2021 as a federal prerequisite to reduced insurance premiums under the National Flood Insurance Program. Palo Alto has recently required compliance by applicants with the one-foot freeboard requirement per the 2010 CBC, but the Municipal Code has not yet been updated and currently includes a standard of setting the finished floor at or above the base flood elevation. The proposed amendments to Chapter 16.52 align the Municipal Code with the CBC. This amendment includes a new section 16.52.075 that was not previously in the chapter. This language is based on the Chapter 44 of the Code of Federal Regulations section 65.3. This codifies submittals to FEMA when new technical or scientific data is available that may alter flooding conditions, risk premium rates, and flood plain management requirements.
13. Structural Amendments and Suspended Ceiling: The California Building Code has little information regarding seismic design requirements for suspended ceilings. It is through 7 Packet Pg. 241
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the experience of prior earthquakes, such as the Northridge and Loma Prieta Earthquakes, that this local amendment is proposed to minimize the amount of body and building damage where these ceilings are installed. Since a great deal of emphasis has been placed on sprinkler systems, all measures that further ensure the sprinkler system will function after an earthquake are of great importance to Palo Alto due to proximity to the San Andreas and Hayward Faults. Additionally, nonstructural components such as mechanical and electrical equipment, shelving, and similar components failed and compromised building occupants during past earthquakes when proper anchoring to the floor or ceiling supports were not provided. All other proposed structural amendments are based on Uniform Code Committee and regional branches of Structural Engineers Association of California recommendations.
The structural amendment is also carried forward repair and reconstruction standards incorporation into the Building Code to meet the Federal Emergency Management Association’s (FEMA’s) eligibility requirements for post-disaster funding assistance for repairs to public and private non-profit-owned buildings damaged in disasters.
14. California Building Standards Code Appendices: Appendices are not adopted as part of the California Building Standards Code. They are provided in the Code to offer optional or supplemental criteria to the provisions in the main chapters of the code. The proposed ordinance adopts the following appendix chapters of the 2022 California Building Standards Code and references:
California Building Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter I: This appendix chapter contains requirements for patio covers.
• Appendix Chapter J109.4: This section of appendix J carries forward the drainage across property lines.
• Appendix Chapter P: This chapter includes provisions that provide emergency housing design.
California Electrical Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter B: This appendix chapter contains application information for ampacity calculations.
• Appendix Chapter C: This appendix chapter contains conduit, tubing and cable tray fill tables for conductors and fixture wires of the same size:
• Appendix Chapter I: This chapter includes provisions on tightening and torque requirements.
California Residential Code: These appendices are carried forward from the current code in effect except Appendix AX, which is added.
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• Appendix Chapter AH: This appendix chapter contains requirements for patio covers.
• Appendix Chapter AJ: This appendix chapter contains provisions for the construction of Existing Buildings and Structures.
• Appendix Chapter AK: This appendix chapter contains provisions for sound transmission between attached dwelling units.
• Appendix Chapter AX: This is a new appendix chapter that contains provisions for swimming pools and spas.
California Mechanical Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter B: This appendix chapter contains procedures to be followed to place gas equipment in operation.
• Appendix Chapter C: This appendix chapter contains provisions for installation and testing of oil (liquid) fuel-fired equipment.
• Appendix Chapter G: This appendix chapter contains provisions for Sizing of venting systems and outdoor combustion and ventilation.
California Plumbing Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter A: This appendix chapter contains provisions for the sizing of water supply system and outdoor combustion and ventilation. • Appendix Chapter D: This appendix chapter contains provisions for the sizing of storm water systems.
California Green Building Standards Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter A4: This appendix chapter contains residential voluntary green measures adopted by the City to enhance greener design provisions in existing and new residential buildings.
• Appendix Chapter A5: This appendix chapter contains non-residential voluntary green measures adopted by the City to enhance greener design provisions in existing and new non-residential buildings.
California Existing Building Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter A1 – Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings
• Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms. • Appendix Chapter A3: This appendix chapter contains prescriptive provisions for seismic strengthening of cripple walls.
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• Appendix A4 – Earthquake Risk Reduction in Wood-Frame Residential Buildings with Soft, Weak or Open Front Walls
• Appendix A5 – Referenced Standards
California Fire Code: These appendices are carried forward from the current code in effect.
• Appendix Chapter B: This appendix chapter contains fire-flow requirements for buildings.
• Appendix Chapter C: This appendix chapter contains provisions for fire hydrant locations and distribution.
• Appendix Chapter D: This appendix chapter contains provisions for fire apparatus access roads.
• Appendix Chapter E: This appendix chapter contains hazard categories for classifying hazardous materials.
• Appendix Chapter F: This appendix chapter identifies hazard ranking for hazardous materials.
• Appendix Chapter G: This appendix chapter contains tools to measure cryogenic fluids.
• Appendix Chapter H: This appendix chapter contains provisions for hazardous materials management plans and inventory statements.
• Appendix Chapter K: This appendix chapter contains provisions for construction requirements for existing ambulatory care facilities.
15. California Residential Code: Except as noted below, the proposed amendments are administrative and similar to the amendments for adoption to California Building Code for residential buildings. The administrative chapter of the California Residential Code is no longer adopted but refers to the administrative provisions of the California Building Code. The technical provisions include requirements for fire-sprinkler, smoke alarm and carbon monoxide alarm, emergency escape and rescue opening, and window well protection. The amendments also prohibit the use of brittle materials for bracing dwellings due to its poor performance in a seismic event. These provisions are currently in effect in the City of Palo Alto and are carried forward to the 2022 Code.
Dwelling Unit and Congregate Housing Occupancy
A new section being introduced as a local amendment to this code cycle establishes standards that regulate the number of individuals that can occupy the same dwelling unit. A jurisdiction might be interested in establishing such regulation to ensure living spaces are adequate for the number of occupants living in a dwelling and to minimize overcrowding. The language included in the draft ordinance is borrowed from the City of San Francisco’s municipal code and based on staff’s review, is a balanced regulation that is not anticipated to generate any significant compliance constraints. The ordinance as drafted would apply prospectively to future projects, including new construction, 7 Packet Pg. 244
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remodels of existing buildings, and changes in occupancy. This regulation is provided in building code section 16.04.265.
16. California Energy and Green Building Standards Code:
The proposed 2022 Reach Codes (in effect between January 2023 and December 2025) carry forward the local amendments from the 2019 Reach Codes and specify additional requirements in the ar eas of building electrification, EV infrastructure, water efficiency and embodied carbon in building materials. In developing these proposed requirements, staff has considered environmental benefits, cost impacts to the project applicant and building occupant, compliance flexibility, and code enforceability.
The proposed requirements under each of these areas are described below.
a. Proposed Building Electrification Requirements
Natural gas use in buildings account for 35% of the City’s greenhouse gas emi ssions4 in 2020. To meet the City’s aggressive greenhouse gas reduction goal, it is critical to begin the shift away from burning natural gas for water heating, space heating, cooking, and other end uses to clean and efficient electric alternatives, as the City provides 100% carbon - neutral electricity. The easiest and most cost-effective way to make this shift is to require an all-electric design for all new buildings. All -electric buildings are also healthier and safer for the occupants as there are no nat ural gas combustion byproducts released into the living space and no open flame that carries the risk of fire.
Staff has continued to participate in the California Codes and Standards Reach Codes Program (“Statewide Reach Codes Program”) funded by the st ate’s investor-owned utilities.
Over the past two years, the Statewide Reach Codes Program has hired consultants to develop cost-effectiveness studies for all -electric buildings including new detached ADUs 5, new large office buildings 6, and new multifamily buildings7 based on the 2019 California Energy Code. These studies examined the cost -effectiveness of mixed -fuel buildings with additional efficiency (including solar) measures as well as all -electric buildings with additional efficiency measures8.
For all-electric new buildings, the preliminary cost -effectiveness results show a minimal amount of cost -effective energy efficiency beyond the state’s 2022 building energy standards (“2022 Energy Code”). This is attributed to the fact that the state’s buildin g
4 Palo Alto’s 2020 Greenhouse Gas Emissions Inventory
5 2020 Cost-Effectiveness Study for New Detached ADUs, March 2021 6 2019 Cost-Effectiveness Study for Large Office, October 2021 7 The Cost-Effectiveness Study for new Multifamily Buildings is expected to be published by the end of 2022. 8 There are also cost-effectiveness studies on the efficiency and electrification upgrades of existing buildi ngs including single family residential buildings, multifamily residential buildings, and nonresidential buildings. 7 Packet Pg. 245
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energy standards have become increasingly stringent 9. For example, new single -family homes built under the 2019 Energy Code use about 7 percent less energy than homes built under the 2016 Energy Code due to improved energy efficiency requirements.
The 2022 California Energy Code is designed to meet the state’s building decarbonization goals by encouraging adoption of on -site photovoltaic generation and efficient electric technologies, and increasing electric load flexibility to support grid reliability. For new single-family homes in Climate Zone 4 where Palo Alto is located, heat pump space heating and water heating are adopted as prescriptive requirements in the 2022 Energy Code. For new nonresidential buildings, heat pump space conditioning and heat pump water heating systems are also prescriptive requirements for buildings that meet specific requirements such as space type and cooling capacity.
For the 2022 building code cycle, staff recommends requiring all -electric designs for new construction pr ojects; this requirement applies to all single -family buildings, detached ADUs, multifamily buildings, nonresidential buildings, and mixed -use buildings. Given that heat pump space heating and water heating equipment is prescriptively required in the 2022 Energy Code for most projects, there is no additional cost for most all-electric projects.
Without requiring additional energy efficiency savings, this proposed all -electric requirement does not constitute a local building energy standard and therefore doe s not need to be approved by the California Energy Commission as required by Public Resources Code section 25402.1(h)(2). The proposed all -electric building pathway is instead adopted as a local amendment to the Green Building Standards Code and justified based on Health & Safety Code sections 17958.5 and 17958.7(a) with topographic, climatic, environmental, and geologic findings. The proposed all -electric design amends CALGreen’s site development sections for both residential and non -residential buildings. Staff estimates the avoided greenhouse gas (GHG) emissions of this proposed all -electric mandate at 340 MT CO2-e/yr, compared to mixed -fuel buildings. By 2030, the estimated annual emissions reductions attributed to this proposed requirement is 2,700 MT CO2-e (the GHG emission associated with demolition and site-prep are not accounted).10
Neither the California Building Standards Code nor Palo Alto Municipal Code has a definition for substantial remodel/alteration or rebuilt. Staff attempted to define a global or ‘one size fit all’ definition for substantial remodel/rebuilt definition that would apply to multiple city regulations but was unable to do so in a timely manner. Instead, staff proposes an incremental step to define a substantial remodel definit ion for electrification purposes at this time and will work with city staff and the community to derive a more encompassing definition as the next step. Currently, alteration projects do not need to be rebuilt to meet the all -electric requirements. Staff proposes the following Substantial Remodel definition
9 The Energy Code is updated every three years with the mandate to increase building energy efficiency while staying cost-effective for building owners over the lifespan of a building. 10 This assumes that each year there are 100 new single-family projects, 25 new detached ADU projects, 8 multifamily dwelling units, and 9 new nonresidential projects. 7 Packet Pg. 246
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that triggers the all -electric building requirements: “For the purpose of electrification, substantial remodel shall mean the alteration of any structure, including cumulative projects or additions to the existing structure within any three (3) year period, that affects the removal or replacement of 50% or more of the linear length of the exterior weight - bearing walls of the building, 50% or more of the wall plate height is raised, and/or 50% or more of the roof structural framing.” The proposed definition provides an easy and simple method for the applicant and staff to determine whether a remodeling project needs to meet require the all-electric requirements. The 3-year period is measured between the first building permit issuance to the submittal of the next building permit application for any remodel or building addition. Staff estimates the avoided GHG emissions of this proposed substantial remodel definition at 90 MT CO 2-e/yr. By 2030, the estima ted annual emissions reduction attributed to the proposed substantial remodel definition is 720 MT CO 2-e per year 11.
Besides requiring all -electric design for new buildings and substantial remodels, staff recommends prohibiting the extension of gas infras tructure in existing buildings to outdoor amenities such as pools, spas, fireplaces, and grills in order to minimize the carbon footprint of this equipment. Heat pump pool and spa heating systems are six times more efficient than their gas counterparts, a nd there is a wide range of heating capacity available for backyard pools12. Such heat pump systems have been widely accepted outside of California, especially in mild climate locations such as Florida. A 2019 cost-effectiveness study13 of heat pump pool hea ting in Santa Monica shows that heat pump pool heaters have a lifecycle benefit-cost ratio ranging from 0.87 to 1.27, based on an incremental equipment cost between $900 and $1,300. The study estimates the annual GHG savings of a heat pump pool heater to be slightly higher than a heat pump water heater, around 1.5 MT CO 2-e . For outdoor grills and fireplaces, portable propane tanks are simple substitutes for gas line extensions, avoid the cost of trenching a gas line to the equipment, and also do not requi re a building permit for its installation.
To address electrification in existing buildings, staff proposes requiring a heat pump water heater when the existing water heater is replaced or a new water heater is added as part of a residential addition/alte ration project. The federal tax credit for installing heat pump equipment offered by the Inflation Reduction Act of 2022, plus the projected bill savings over the lifetime of the heat pump water heater (HPWH), has made HPWH more cost - effective compared to a gas water heater.
Staff has also considered requiring a heat pump space conditioning system when the gas furnace/boiler is replaced as part of an alteration project. However, the electric demand of a heat pump space heating system is significantly high er than that of a heat pump water heater. In discussions this spring, the Council Ad Hoc S/CAP Committee agreed to focus
11 This assumes that each year there are 50 single-family projects that meets the substantial remodel definition. 12 A Pocket Guide to All-Electric Retrofits of Single-Family Homes, Redwood Energy, August 2021, pp 66-67 13 Cost-Effectiveness Study: All-Electric Heat Pump Pool Heating – Non-Preempted, August 2019 7 Packet Pg. 247
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primarily on water heater conversion in the near term while electric grid modernization efforts ramped up, and a focus on space conditi oning would be at odds with that prioritization. Also, while a heat pump space conditioning system offers space cooling which is a desirable feature, it will cost substantially more than simply replacing the gas furnace.
Staff proposes revisiting this requ irement at a later point when the grid modernization effort is underway and a predictable schedule is in place.
City Programs to Support Building Electrification
Over the past few years, the Utilities Department has actively promoted the many benefits of all -electric buildings and is planning to launch new programs to support electrification retrofit projects in existing residential buildings. Most single -family homes currently use natural gas as the primary fuel source for water heating, space heating , and cooking. The current S/CAP goals assume that all single -family homes will be all -electric homes. There is much work that lies ahead to fully electrify the 15,600 single -family homes. The lowest cost pathway would be to replace the gas equipment with efficient electric alternatives as they reach the end of useful life. Electric equipment typically has higher amp draw than its gas counterparts and may also require a dedicated circuit. To support customers with electrification planning, CPAU has offered a home electrification readiness assessment service since August 2019.
Over the next year, CPAU will focus on promoting the adoption of heat pump water heaters (HPWH) by offering an advanced HPWH pilot that covers turnkey equipment installation and financ ing to residential customers 14. This pilot is designed to equitably support heat pump water heater replacement regardless of whether the customer is a homeowner or renter and the customer’s financial status, with the goal of retrofitting 1,000 residential g as water heaters primarily in single -family homes. The pilot will create a foundation for similar programs for heat pump space heating and other electric equipment and appliances in the future. CPAU will continue to collaborate with Development Services to develop a streamlined process to permit HPWH and other electrification installations.
Besides water heating, space heating represents the biggest end use for natural gas in a typical home in Palo Alto. However, CPAU has decided to delay offering rebates f or residential heat pump space conditioning systems. This is because the typical load for a heat pump space conditioning system in a single -family home is five times the typical load of a heat pump water heater, and many transformers in residential neighbo rhoods are already near capacity. As stated earlier, staff is prioritizing water heater conversion in the near term and will revisit program options to encourage the electrification of gas space heating equipment at a later point.
For non-residential customers, CPAU has expanded its business rebate offerings to include electrification rebates15 to incentivize commercial customers to replace gas equipment with efficient electric alternatives. Both prescriptive and custom electrification rebates are
14 Staff Report #14542, September 27, 2022
15 https://www.cityofpaloalto.org/businessrebates
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available to support a variety of projects. In August 2022, CPAU launched the Business Electrification Technical Assistance Program (BE TAP) 16 which offers free onsite assessment to identify electrification opportunities in commercial buildings, school facilities, and public facilities, and serves as a resource to support a customer’s electrification journey.
In FY 2023, building electrification programs are funded from three sources: (i) Electric Public Benefit funds, which is collected through a mandated charge of 2.85% of the electric retail rate for all electric utility customers, to fund energy efficiency programs, renewable energy projects, research and development projects, and low -income efficiency programs; (ii) Electric Local Decarb Reserves, which is fu nded by the Renewable Energy Certificate (REC) Exchange program17; and (iii) Gas Local Decarb Reserves, which is funded by a portion of the Cap and Trade auction proceeds from the sale of allocated Cap and Trade allowances to the Gas Utility. The total buil ding electrification budget in FY 2023 is $4 million, although staff is currently proposing a FY 2023 budget amendment to fund the advanced HPWH pilot18
Other Cities’ Policies Related to Building Electrification As of August 2022, 59 other jurisdictions in California have adopted all -electric or natural gas ban ordinances for new construction projects, with more cities and counties anticipated to adopt all -electric codes with the 2022 building code cycle. Some of these local jurisdictions include San Francisco, South San Francisco, Oakland, Berkeley, Brisbane, Marin County, Burlingame, Millbrae, San Carlos, San Mateo, San Mateo County, Redwood City, Menlo Park, East Palo Alto, Sunnyvale, Mountain View, Morgan Hill, San Jose, Milpitas, and Hayward. All of th ese cities have performed a similar analysis and have adopted the all - electric code in order to meet their climate action plan’s GHG reduction targets. Each city adapts the all -electric ordinance to suit the building types, uses, sizes, and age of the building stock within the jurisdiction.
In addition to the all -electric requirement for new construction projects, City of San Mateo has also proposed the following 2022 reach code requirements for existing residential buildings (to be enforced at the time of permit application):
(i) requires panel replacement and panel upgrade projects to include panel capacity/breaker space for future electrification;
(ii) requires all kitchen and laundry renovations include installation of an electric outlet to support future electrification of gas appliances:
(iii) requires installation of heat pump air conditioning when new air conditioning is installed
16 https://www.cityofpaloalot.org/businesselectrification 17 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020-2/id-11566.pdf
18 Staff Report 14606, September 27, 2022
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or replaced, in conjunction with furnace replacement;
(iv) requires new pools to use electric or solar pool heating , and prohibit the extension of fuel gas infrastructure into the backyard for uses such as fire pits, grills, and pools;
(v) require heat pump water heater installation during addition and alteration projects that include water heater replacement.
b. Proposed EV Infrastructure Requirements
Palo Alto has long recognized the need to support EV adoption through the city’s building standards to offer easily accessible EV charging stations at the time of construction; retroactive installation of electrical wir ing for EV charging would be much more costly across all building types. In December 2013 19, City Council adopted the requirement for EV charging infrastructure in new single -family homes; six months later, City Council adopted EV charging infrastructure re quirements for new multifamily and nonresidential buildings including hotels20. The definitions used for EV charging infrastructure have remained largely unchanged since 2014.
California began mandating EV charging infrastructure for new single -family hom es via CALGreen since 2015 and for nonresidential buildings since 2017 21. CALGreen provides definitions for EV charging requirements that are commonly accepted by the building industry. For the 2 022 building code cycle, staff proposes that Palo Alto align t he current definitions for EV charging requirements to match CALGreen. Consistency in terminologies for EV charging requirements across jurisdictions helps to minimize confusion among developers and architects. These definitions are provided below and illustrated in Figure 1:
Figure 1: An Illustration of different levels of EV Readiness
19 Staff Report 4315, December 9, 2013
20 Staff Report 4823, June 16, 2014
21 Light-Duty Electric Vehicle Charging Infrastructure Analysis for California’s CALGreen Building Code, September 2021
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EV Capable Space: a vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging
EV Ready Space: a vehicle space which is provided with a branch circuit and any necessary raceways to accommodate EV charging, terminating in a receptacle or a charger Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the EV.
Low Power Level 2 EV Charging Receptacle: A 208/240 Volt 20-ampere minimum branch circuit and a receptacle for use by an EV driver to charge their EV or hybrid electric vehicle.
For the 2022 building code cycle, staff proposes the following EV charging requirements as shown in Table 1:
Table 1: Summary of EV Infrastructure Requirements
Type of
building
Proposed 2022 requirements Current 2019 requirements
New Single-
Family
Homes/
Duplexes
One (1) EV-Ready space or
Level 2 EVSE installed per
dwelling unit (Low Power Level
2 ok). ADU is exempt since it
doesn’t require parking.
One (1) EV-Capable, EV-Ready
space or Level 2 EVSE
New
Multifamily
Dwellings
At least 1 Level 2 or EV Ready
Space for each residential unit
(Low Power Level 2 Charging
Receptacle ok for up to 60% of
the total EV parking spaces)
EV-Capable space, EV-Ready
space or Level 2 EVSE installed,
for at least 25% of guest
parking spaces, among which
One (1) Level 2 EV-Ready space
or EVSE installed per
residential unit
EV-Capable space, EV-Ready
space or Level 2 EVSE installed,
for at least 25% of guest
parking spaces, among which
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at least 5% (and no fewer than
one) shall be Level 2 EVSE
installed.
at least 5% (and no fewer than
one) shall be Level 2 EVSE
installed.
New Hotels At least 30% EV Ready Space
and at least 10% Level 2 EVSE
installed
EV-Capable space, EV-Ready
space, or Level 2 EVSE installed
for at least 30% of parking
spaces, among which at least
10% (and no fewer than one)
shall be Level 2 EVSE installed.
New Non-
Residential
Structures
other than
Hotels
For building with 10 to 20
parking spaces, 20% EV-
Capable space or EV-Ready
space and 20% Level 2 EVSE
installed.
For building with over 20
parking spaces, 15% EV-
Capable space or EV-Ready
space and 15% Level 2 EVSE
installed.
EV-Capable space, EV-Ready
space, or Level 2 EVSE installed
for at least 25% of parking
spaces, among which at least
5% (and no fewer than one)
shall be Level 2 EVSE installed.
The proposed EV infrastructure requirements are slightly higher than the 2019 requirements. Low Power Level 2 EV infrastructure will be allowed in new single -family and multi-family residential buildings but not non -residential buildings. In proposing the Low Power Level 2 EV infrastructure requirement in new multifamily dwellings, staff acknowledges the need to balance the demand for EV charging with the cost to support the electrical infrastructure to meet this demand. This includes both utility and customer equipment including the electric panel, the transformer, and the feeder line serving the building. For an 8 -hour charging session, a 40 -amp Level 2 EV charger can provide 220 to 240 miles, while a 20 -amp low -power Level 2 EV charger can provide 110 to 120 miles, which is likely more than enough to meet the daily commute needs of most people.22
c. Proposed Water Efficiency Requirements
For the upcoming code cycle, staff recommends all new pools and outdoor spas shall be provided with a vapor retardant cover. The objective of this code is to reduce evaporation loss of heated water; it will ha ve the added benefit of reducing pool heating energy needs.
Based on recent permit records, staff expects between 10 to 20 permit applications for new pools and spas each year. According to the U.S. Department of Energy, pool covers conserve
22 The 2022 CALGreen allows the local code enforcement agency to make the determination that the required EV charging infrastructure is infeasible on a case-by-case basis based on electric grid constraint or the added cost to support the local utility infrastructure (Section 4.106.4.1 and Section 5.106.5.3). 7 Packet Pg. 252
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water by reduc ing the amount of make -up water needed by 30% to 50% and can provide savings on heating costs of up to 50 to 70% 23. Pool covers can cost anywhere from $50 to thousands of dollars depending on the size and shape of the pool, as well as the type of cover inst alled24. Since 2020, Palo Alto Municipal Code 25 has mandated a vapor retardant cover for all new heated pools and outdoor spas, and included an exception stating that pools or spas derive at least 60% of the annual heating energy from site solar or recovered energy. The proposed 2022 code update will expand the regulation to cover all pools and spas (heated or not) with no exception for solar-heated pools26.
In addition to the pool cover requirement, staff propose an update to water efficiency management in cooling towers. In Palo Alto, cooling towers are used primarily to provide air conditioning in large commercial, lab, research, and multifamily buildings whereby heat rejection is achieved through water evaporation. The City has banned single -pass cooling since 2020 27. For the coming code cycle, staff recommends an update to require cooling tower projects to perform potable water analysis at the project site to calculate the maximum number of cooling tower cycles based on the maximum concentrations of parameters listed in Table 2. This follows the current LEED guideline for optimizing process water use28. These calculations are typically performed by the project design team and are coordinated with the cooling tower manufacturer. Staff further proposes that co oling towers meet the maximum calculated number of cycles. In reality, the number of cycles can exceed the maximum calculated number of cycles by increasing the level of treatment and/or maintenance in the condenser or make -up water systems 29. This propose d update can provide significant water efficiency savings in a cooling tower project; as an example, increasing from three to four will reduce make-up water use by 11%30.
Table 2. Maximum concentrations for parameters in condenser water Parameter Maximum Level
Ca (as CaCO3) 600 ppm
Total alkalinity 500 ppm
23 Swimming Pool Covers | Department of Energy
24 Pool Cover Cost Breakdown - Pool Research
25 16.18.130 Section 301.3 amended - Covers. (amlegal.com) 26 Similar regulation has been proposed in Santa Clara County’s Model Water Efficient New Development Ordinance (MWENDO), which would require all new pools and spas to have some type of cover depending on feasibility (https://www.localenergycodes.com/download/536/file_path/fieldList/ModelOrd -WaterEfficiency.docx pages 22-23)
27 16.08.100 Section 808.2 Cooling water. (amlegal.com) 28 LEED v4.1 has developed a methodology to optimize water use in cooling tower by achieving the maximum number of cooling tower cycles while controlling corrosion and scale in the condenser water system (Optimize Process Water Use | U.S. Green Building Council (usgbc.org)) 29 LEED has set a precedent for optimizing cooling tower cycles and reducing water use by offering credits for cooling towers achieving the maximum number of cycles achieved without exceeding any maximum concentr ation levels or affecting operation of condenser water system and additional credits for using 20% or higher recycled non-potable water (Optimize Process Water Use | U.S. Green Building Council (usgbc.org) ) 30 Water Efficiency Management Guide for Mechanical Systems, EPA, November 2017 7 Packet Pg. 253
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SiO2 150 ppm
Cl- 300 ppm
Conductivity 3300 µS/cm
ppm = parts per million
µS/cm = micro siemens per centimeter
d. Proposed Embodied Carbon Limits in Building Materials for 2023-2025 Besides transportation and direct emissions in buildings, the embodied carbon of building materials during extraction, manufacturing, and disposal represent a very significant source of carbon emissions. In particular, concrete, with the cement that binds it together, has emerged as a leading contributor to embodied carbon. Cement production alone accounts for as much as 8% of global CO2 emissions31. Ways to reduce carbon emissions associated with concrete manufacturing include limiting cement content to the extent possible while maintaining strength and utilizing greener alternative materials and/or processes. 32 In 2019, Marin County adopted low carbon concrete code requirements that include both cement and embodied carbon guidelines33; this is modeled after the Low Carbon Concrete Code developed by StopWaste34. Passed in September 2021, Senate Bill 596 directs the California Air Resources Board to develop and implement a comprehensive strategy to achieve net-zero greenhouse gas emissions associated with cement used within California.
Palo Alto Municipal Code currently only covers reduction in cement usage as an elective measure35. For the 2023-25 code cycle, staff recommends the use of concrete in new construction projects to adhere to cement limits (prescriptive compliance path) or embodied carbon limits (performance compliance path) as outlined in Table 3 below. These limits are based on the current Marin County low carbon concrete code. Based on staff preliminary research, all ready mix suppliers should be able to meet the code and there are at least three large concrete suppliers in the Bay Area that meet these requirements. with little or no incremental cost associated with low carbon concrete.
Table 3. Low Carbon Concrete Code Compliance Pathways
Cement limits Embodied Carbon limits
Minimum specified
compressive strength f’c,
psi (1)
Maximum ordinary Portland
cement content, lbs/yd3 (2)
Maximum embodied carbon
kg CO2e/m3
up to 2500 362 260
3000 410 289
4000 456 313
5000 503 338
6000 531 356
7000 594 394
31 Concrete needs to lose its colossal carbon footprint, Nature Journal, September 2021 32 UN Environment Global Status Report 2017, EIA International Energy Outlook 2017, Architecture 2030 2018. 33 Marin County Low Carbon Concrete code
34 https://www.stopwaste.org/concrete
35 16.14.250 Section A4.403.2 Reduction in cement use. (amlegal.com) 7 Packet Pg. 254
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7001 and higher 657 433
up to 3000 light weight 512 578
4000 light weight 571 626
5000 light weight 629 675
Notes:
(1) For concrete strengths between the stated values, use linear interpolation to determine cement and/or embodied carbon limits.
(2) Portland cement of any type per ASTM C150.
RESOURCE IMPACT
Resource impacts from the adoption of these ordinances are limited to staff training costs, purchasing copies of the new codes, updating and creating new handouts for new proposed amendments, and implementation of public outreach efforts.
POLICY IMPLICATIONS
The State of California mandates enforcement of the updated California Building Standards Code and it will go into effect regardless of whether a City adopts local amendments to the CBSC or not. The 2022 CBSC will become effective on January 1, 2023. These costs can be absorbed through the department budget.
The proposed Reach Codes support the City’s S/CAP Framework and the greenhouse gas reduction goal of 80% from the 1990 level by 2030. Staff estimates the avoided emissions attributed to the proposed Reach Codes at over 3,420 MT CO2-e per year by 2030, or about 1% to 1.5% of the remaining emissions reductions needed to achieve the 80x30 goal (about 1.5% to 2% when upstream emissions from fuel use are included).36
The proposed Reach Codes also align with one of the top four Council Priorities for CY 2022:
“Climate Change – Protection and Adaptation”.
Additional code changes may be required in zoning code sections to allow for residences to exceed maximum building heights where the proposed 1-foot of freeboard may cause the buildings to exceed current height limitations. Compatibility with existing homes is another policy consideration. Several of the City’s Eichler tracts and Eichler single-story overlays are located in these flood zone areas; Eichlers are typically slab-on-grade construction and with low-pitched roofs. New homes meeting the new finished floor requirements in predominately single-story home neighborhoods in the flood zone may not be as compatible with existing homes. Additionally, state legislation enables owners to rebuild or repurpose detached accessory buildings for dwelling units (ADUs) in rear yards. A requirement for a higher finished floor will result in taller ADU structures; this could result in privacy concerns for neighbors and concerns about taller ADUs near backyards and side yards of adjacent one-story homes.
36 Using 20-year global warming potentials.
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STAKEHOLDER ENGAGEMENT
In developing the proposed Reach Codes recommendation, staff solicited input from various City departments including Planning & Development Services, Utilities (including Engineering division), and Public Works. On June 14, 2022, staff convened a meeting with the Green Building Advisory Group (GBAG), a group of green building professionals and stakeholders including architects, green building inspectors, and contractors, who have provided valuable input to the development of Palo Alto’s Energy Reach Code and Green Building Ordinance in prior code cycles. Staff subsequently created a public website that outlines the proposed requirements under the 2022 Green Building regulations and Local Energy Reach Code, along with information for two public meetings in August. The Reach Code website and the public meetings were publicized through the city’s sustainability e-newsletter and community e- newsletter (“Uplift Local”), emails to residents and builders, as well as various social media platforms (Facebook, Twitter). The two public meetings were held on August 16 and 18, 2022, and were attended by 28 and 31 community members, respectively.
Staff separately conducted a focus group meeting on August 12 with local architects to solicit feedback on the proposed definition of Substantial Remodel. This meeting was attended by seven architects; staff also received one set of comments through email. The proposed definition of Substantial Remodel was presented in the subsequent Reach Code public meetings.
ENVIRONMENTAL REVIEW
The recommended action in this report is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines section 15308 as an action by the City for the protection of the environment, and under section 15061(b)(3) on the grounds that the proposed standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse environmental impacts and there is no possibility that the activity in question may have a significant adverse effect on the environment. 7 Packet Pg. 256
Schedule of Meetings
Published October 6, 2022
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto Council and some Standing Committee meetings are cablecast live on Channel 26. If there ha ppens to be concurrent meetings, one meeting will be broadcast on Channel 29.
Persons with disabilities who require auxiliary aids or services in using City facilities or programs, or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, City of Palo Alto, 650-329-2550 (voice) or 329-1199 (TDD), [email protected]. Listening assi stive devices are available in th e Council Chambers. S ign language interpreters will be provided upon request with 72 hours advance notice. Please advise the City Clerk's Office (650-329-2571) of meetings or changes by 3:00 p.m. on Wednesdays for inclusion in the following week’s schedule.
Meetings are held in-person and virtually unless otherwise noted THURSDAY, October 6
Architectural Review Board, 8:30 a.m. CANCELLED
MONDAY, October 10
City Council, 5:00 p.m. CANCELLED
TUESDAY, October 11
Policy & Services Committee, 7:00 p.m. Council Chambers
WEDNESDAY, October 12
Utilities Advisory Commission, 6:00 p.m. Community Meeting Room Planning & Transportation Commission, 6:00 p.m. Council Chambers
THURSDAY, October 13
Historic Resources Board, 8:30 a.m. Council Chambers
Human Relations Commission, 6:00 p.m. Council Chambers
MONDAY, October 17
City Council, 5:00 p.m. Council Chambers
TUESDAY, October 18
Finance Committee, 5:30 p.m. Council Chambers
WEDNESDAY, October 19
Rail Committee, 1:00 p.m. Community Meeting Room
THURSDAY, October 20
City/School Liaison Committee, 8:30 p.m. Virtual Only
Architectural Review Board, 8:30 a.m. Council Chambers Public Art Commission, 7:00 p.m. Council Chambers
MONDAY, October 24
City Council, 5:00 p.m. Council Chambers
TUESDAY, October 25
Parks & Recreation Commission, 7:00 p.m. Council Chambers
WEDNESDAY, October 26
Planning & Transportation Commission, 6:00 p.m. Council Chambers
THURSDAY, October 27
Historic Resources Board, 8:30 a.m. Council Chambers
a
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(ID # 14881)City of Palo Alto
City Council
Supplemental Report
Meeting Date: 10/17/2022 Report Type: Supplemental Report City of Palo Alto Page 1
Title: PUBLIC HEARING: Adoption of Ten Ordinances That Repeal and Adopt Various Sections of the Palo Alto Municipal Code ( PAMC) Related to the 2022 CA Building Codes (CA Code of Regulations Title 24) Update and Proposed Local Amendments; including: (1) C hapter 15.04 Incorporating the 2022 CA Fire Code With Local Amendments; (2) Chapter 16.04 Incorporating the 2022 CA Building Code With Local Amendments and Chapter 16.19 Incorporating the 2022 CA Historic Building Code and 2022 CA Existing Building Code wi th Amendments; (3) Chapter 16.05 Incorporating the 2022 CA Mechanical Code With Local Amendments; (4) Chapter 16.06 Incorporating the 2022 CA Residential Code With Local Amendments and Amending Chapter 16.52 to Align Federal, State, and Local Flood Hazard Regulations; (5) Chapter 16.08 Incorporating the 2022 CA Plumbing Code With Local Amendments; (6) Chapter 16.16 Incorporating the 2022 CA Electrical Code With Local Amendments; (7) Chapter 16.18 Incorporating the 2021 International Swimming Pool and Spa Code With Local Amendments; (8) Chapter 16.14 Incorporating the 2022 CA Green Building Standards Code with Local Amendments; (9) Chapter 16.17 Incorporating the 2022 CA Energy Code Without Local Amendments. Environmental Assessment: Project is Exempt Under CA Environmental Quality Act CEQA Guidelines Sections 15061(b)(3) and 15308.
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that the City Council adopt the attached ten ordinances that repeal and adopt various sections of the Palo Alto Municipal Code (PAMC) related to the 2022 California Building Codes (Cal. Code of Regulations Title 24) and proposed local amendments:
1. An ordinance repealing PAMC Chapter 15.04 and adopting a new Chapter 15.04 incorporat ing the 2022 Cal. Fire Code with local amendments;
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2. An ordinance repealing PAMC Chapter 16.04 and adopting a new Chapter 16.04 incorporating the 2022 Cal. Building Codes and local amendments and a new Chapter 16.19 incorporating the 2022 Cal. Historical Building Code and Existing Building Code with local amendments;
3. An ordinance repealing PAMC Chapter 16.05 and adopting a new Chapter 16.05 incorporating the 2022 Cal. Mechanical Code with local amendments;
4. An ordinance repealing PAMC Chapter 16.06 and adopting a new Chapter 16.06 incorporating the 2022 Cal. Residential Code with local amendments and amending PAMC Chapter 16.52 to align federal, state, and local regulations regarding flood hazards;
5. An ordinance repealing PAMC Chapter 16.08 and adopting a new Chapter 16.08 incorporating the 2022 Cal. Plumbing Code with local amendments;
6. An ordinance repealing PAMC Chapter 16.16 and adopting a new Chapter 16.16 incorporating the 2022 Cal. Electrical Code with local amendments;
7. An ordinance repealing PAMC Chapter 16.18 and adopting a new Chapter 16.18 incorporating the 2021 International Swimming Pool and Spa Code with local amendments;
8. An ordinance repealing PAMC Chapter 16.14 and adopting a new Chapter 16.14 incorporating the 2022 Cal. Green Building Standards Code with local amendments;
9. An ordinance repealing PAMC Chapter 16.17 and adopting a new Chapter 16.17 incorporating the 2022 Cal. Energy Code without local amendments;
10. (10) Chapter 16.19 Incorporating the 2022 CA Energy Code With Local Amendments.
Background
This report transmits the ordinances Council will act upon for the subject agenda title. While there is a considerable number of ordinances to review, the enacting regulations largely codify a variety of technical codes established by the State of California and require local adoption/implementation prior to January 1, 2023. The collection of ordinances generally relates to building, mechanical, electrical, plumping, fire, energy and green building codes.
A jurisdiction may amend these codes to reflect local conditions that impact construction and may impose more restrictive standards subject to certain criteria or studies. For the most part, the proposed local amendments carried forward in the attached ordinances have been previously enacted; some new local amendments are explained in the previously submitted staff report.1 Some notable changes with the updated regulations, which follows the Council’s previous discussion pertaining to the City’s Sustainability and Climate Action Plan (S/CAP), 2 includes requirements that advance the City’s climate action goals to curb greenhous e gas emissions. Specifically, the new ordinances establish an all -electric mandate for new commercial and residential buildings (including detached accessory dwelling units) and defines when a residential and commercial remodel or renovation is considered ‘substantial’ requiring compliance with the City’s building codes, including electrification mandate. The new ordinances also preclude the installation or extension of gas lines for swimming pools, heaters, grills, firepits or similar features. 1 October 17, 2022 Council Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2022/20221017/20221017pccsm-linked.pdf 2 September 27, 2022 Council Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2022/20220927/20220927pccsmlinked-amended-v2.pdf 7 Packet Pg. 259
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These g reen building codes are aimed at preventing new gas infrastructure in new homes and businesses and facilitate electric vehicle charging access in anticipation of a future electrified transportation network. The amendments are also well -aligned with the Cit y's goal to reach its 80x30 greenhouse gas reduction targets, which requires addressing existing buildings, not just new construction. The green building codes complement the Advanced Water Heater Pilot Program approved October 3, 2021, and together they p romote the conversion of gas water heaters to heat pumps in existing buildings using incentives, mandates, and by reducing barriers to permitting and installation in a manner that is compatible with the City's electric grid modernization efforts.
One additional note, the recommended action has changed slightly to reflect that the historical building and existing building code regulations have been moved to their own chapter. Previously these regulations were embedded in Chapter 16.04. The local amendments associated with this code change were previously adopted by Council in earlier code cycles . One new change noted in the previous staff report is a new provision that establishes a dwelling unit and congregate housing occupancy limit to ensure there is sufficient living space for each occupant and to minimize overcrowding.
Attachments:
• Attachment7.a: Attachment A Ordinance Repealing Ch 15.04 Amending Title 15 to Adopt a New Ch 15.04, the CA Fire Code (2022 Edition) with Local Amendments and Related Findings
• Attachment7.b: Attachment B Ordinance Repealing Ch 16.04 Adopting a New Ch
16.04, CA Building Code, New Ch 16.19, CA Historical Building Code and CA Existing Building Code, 2022 Edition, and Local Amendme
• Attachment7.c: Attachment C Ordinance Repealing Ch 16.05 Amending Title 16 to Adopt a New Ch 16.05 CA Mechanical Code, 2022 Edition, and Local Amendments and Related Findings
• Attachment7.d: Attachment D Ordinance Repealing Ch 16.06, CA Residential Code, 2022 Edition, and Local Amendments and Related Findings, and Amending Section Ch
16.52, Flood Hazard Regulations to Make Chan
• Attachment7.e: Attachment E Ordinance Repealing Ch 16.08 Amending Title 16 to Adopt a New Ch 16.08 CA Plumbing Code, 2022 Edition, and Local Amendments and Related Findings
• Attachment7.f: Attachment F Ordinance Repealing Ch 16.16 Amending Title 16 to Adopt a New Ch 16.16 CA Electrical Code, 2022 Edition, and Local Amendments and Related Findings
• Attachment7.g: Attachment G Ordinance Repealing Ch 16.18 Amending Title 16 to Adopt a New Ch 16.18 International Swimming Pool and Spa Code with Local Amendments
• Attachment7.h: Attachment H Ordinance Repealing Ch 16.14 Adopting a New Ch
16.14 California Green Building Code, 2022 Edition, and Local Amendments and Related Findings
• Attachment7.i: Attachment I Ordinance Repealing Ch 16.17 Amending Title 16 to Adopt a New Ch 16.17 CA Energy Code, 2022 Edition, and Local Amendments and Related Findings
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NOT YET ADOPTED
1 0160090_20221013ay16
Ordinance No. ___
Adoption of an Ordinance Repealing Chapter 15.04 of the Palo Alto Municipal Code and Amending Title 15 to Adopt a New Chapter 15.04, the California Fire Code (2022 Edition) With Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 15 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety Chapter 15.04 and enacting a new Chapter 15.04 to read as follows:
15.04 CALIFORNIA FIRE CODE
15.04.010 Adoption of the California Fire Code.
The California Fire Code, 2022 Edition, as adopted by the California Code of Regulations Title 24, Part 9, and Appendices B, C, D, E, F, G, H, and K is adopted as herein amended. One copy of the California Fire Code is on file and open to public inspection in the Office of the City Clerk.
Additional copies of the secondary codes set forth within the California Fire Code, and the amendments set forth in this chapter, are on file and open to public inspection in the fire department administrative office.
Whenever the phrase “California Fire Code” appears in this code or in any ordinance of the city, such phrase shall be deemed and construed to refer to and apply to the “California Fire Code, 2022 Edition” as adopted by the California Code of Regulations Title 24, Part 9 and as adopted and amended by this chapter.
15.04.020 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Fire Code, 2022 Edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. Where used in this Chapter 15.04, ellipses shall indicate text of the California Fire Code, 2022 Edition, that has been adopted without amendment but is omitted for brevity.
15.04.030 Section 102.5 amended - Application of residential code.
Section 102.5 of the California Fire Code is amended to read as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
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1. Construction and design provisions:
a. Provisions of this code pertaining to the exterior of the structure shall apply , including, but not limited to, premises identification, fire apparatus access, and water supplies.
b. Provisions of this code pertaining to the interior of the structure shall apply when specifically required by this code including, but not limited to, Sections 903.2 through
903.3.7 and Section 907.2.10.
c. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall also apply.
2. Administrative, operational, and maintenance provisions: all such provisions of this code shall apply.
15.04.040 Section 103.2 deleted.
Section 103.2 of the California Fire Code is deleted.
15.04.050 Sections 105.3.9 and 105.3.10 added - Permits/Permit fees.
Sections 105.3.9 and 105.3.10 are added to the California Fire Code to read as follows:
105.3.9 Permits/Permit fees. All permit fees shall be established by the City Council as set forth in the municipal fee schedule.
105.3.10 Operational Permits. Operational permits are valid for one year at which time they must be renewed by paying a fee specified in the municipal fee schedule.
15.04.060 Table 105.5.9 amended - Permit amounts for compressed gases.
Table 105.5.9 of the California Fire Code is amended to read as follows:
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES1
TYPE OF GAS 2
AMOUNT (cubic feet)
X 0.0283 for m3
Carbon dioxide used in carbon dioxide enrichment systems 875(100 lbs) Flammable (except cryogenic and liquefied petroleum gases) 200 Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately toxic 20
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Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
For SI: 1 cubic foot = 0.0283m3.
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions.
2 Cubic feet measured at normal Temperature and pressure.
15.04.070 Table 105.5.22 amended - Permit amounts for hazardous materials.
Table 105.5.22 of the California Fire Code is amended to read as follows:
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Carcinogens 10 pounds
Combustible liquids See Section 105.6.16
Corrosive materials:
Gases
Liquids
Solids
See Section 105.6.8
55 gallons
500 pounds
Cryogens See Section 105.6.10
Explosive materials See Section 105.6.14
Flammable materials:
Gases
Liquids
Solids
See Section 105.6.8
See Section 105.6.16
10 pounds
Highly toxic materials:
Any amount
Any amount
Any amount
Gases
Liquids
Solids
Moderately toxic gas 20 cubic feet
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Organic peroxides:
Liquids: Class I-IV
Liquids: Class V
Solids: Class I-IV
Solids: Class V
Any Amount
No Permit Required
Any Amount
No Permit Required
Oxidizing materials:
Gases Liquids
Solids:
504 Cubic Feet
Any amount
Any amount
Other health
Hazards:
Liquids
55 gallons
500 pounds
Pyrophoric materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Radioactive materials:
Gases
Liquids
Solids
Any Amount
See Section 105.6.47
See Section 105.6.47
Toxic materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Unstable (reactive) materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Water reactive materials:
Liquids
Solids
Any amount
Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
a. 20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 20 gallons or less.
b. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 200 pounds or less.
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15.04.080 Sections 105.5.25 and 105.5.53 amended and Sections 105.5.55 through 105.5.59 added – Operational permits.
Sections 105.5.25 and 105.5.53 of the California Fire Code are amended and Sections 105.5.55 through 105.59 are added to read as follows:
[. . .]
105.5.25 Hot work operations. An operational permit is required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot work is conducted.
2. Use of portable hot work equipment inside a structure.
Exception: (deleted)
3. Fixed-site hot work equipment, such as welding booths.
4. Hot work conducted within a wildfire risk area.
5. Application of roof coverings with the use of an open-flame device.
6. (deleted)
[. . .]
105.5.53 Lithium batteries. An operational permit is required for an accumulation of more than 15 cubic feet (0.42 m) of lithium -ion and lithium metal batteries, where required by Section 322.1.
[. . .]
105.5.55 Liquid gas fueled equipment. An operational permit is required for liquid gas fueled equipment.
105.5.56 Battery operated equipment. An operational permit is required for commercial/industrial/research battery operated equipment.
105.5.57 Underground storage tank. An operational permit is required for Underground Storage Tanks.
105.5.58 Radioactive materials. An operational permit is required to store, use or handle any radioactive material or source.
105.5.59 Day care permit. An operational permit is required to operate a day care facility for more than six children or adults.
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15.04.090 Section 105.6.3 and 105.6.12 amended and Section 105.6.25 added – construction permits.
Sections 105.6.3 and 105.6.12 of the California Fire Code are amended, and 105.6.25 of the California Fire Code is added to read as follows:
[. . .]
105.6.3 Cryogenic fluids. A construction permit is required for installation of or alteration to stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.5.11. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a construction permit.
[. . .]
105.6.12 Hazardous Materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use and when equipment is modified or installed that uses, stores, processes, or conveys hazmat.
Exceptions:
1. deleted
2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement work.
[. . .]
105.6.25 Underground fire service lines: installation or modification.
A construction permit is required for the installation, modification or removal from service of underground fire service lines.
15.04.100 Sections 105.8.1 and 105.8.2 added - Fire and life safety.
Subsections 105.8.1 and 105.8.2 are added to the California Fire Code to read as follows:
105.8.1 Fire and life-safety plan review. Fire and life-safety plan review of all new construction, all remodels, and all additions shall be performed by the Fire Chief or his designee.
105.8.2 Site Map and Floor plans. The fire code official may require as a condition of final permit approval, a site map including the use of standard or approved Palo Alto Fire Department symbols. Features would include interior floor plans, on -site hydrant
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locations, FDC locations, key safe locations, alarm panel locations, electrical panel locations, stairwell and elevator locations, water shut off locations, hazardous materials locations, and other significant design elements or fire service features. The site map is to be provided in a format compatible with the City’s Geographic Information System (GIS) at time of construction. This requirement applies to newly constructed buildings, facilities where hazardous materials are used or stored in quantities exceeding permit amounts in Section 105, additions or permitted remodels when in the opinion of the fire code official a site map is warranted.
15.04.110 Section 107.7 added - Certified Unified Program Agency Fees.
Section 107.7 is added to the California Fire Code to read as follows:
107.7 Certified Unified Program Agency (CUPA) Fees . Pursuant to the Participating Agency Agreement between the County of Santa Clara and the City of Palo Alto dated July 1, 1997, or as amended, the Fire Department is authorized to collect fees associated with the CUPA programs. The CUPA fees will be collected on an annual basis or as specified in the Palo Alto Municipal Fee Schedule.
15.04.120 Section 108.1 amended - Inspection authority.
Section 108.1 of the California Fire Code is amended to read as follows:
108.1 Inspection authority. The fire code official is authorized to inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the fire code official for the purposes of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, result in an unauthorized discharge of hazardous materials, or amount to any violation of this code or any other law or standard affecting fire and life safety.
15.04.130 Section 112.1.1 added - Enforcement/citation authority.
Section 112.1.1 is added to the California Fire Code to read as follows:
112.1.1 Penal code citation authority. The employee positions designated in this section are authorized to exercise the authority provided in California Penal Code section 836.5 for violations of t he California Fire Code. The designated employee positions are: Fire Chief, Deputy Fire Chief, Fire Marshal, Fire Inspector, Hazardous Materials Specialist and Hazardous Materials Inspector.
15.04.140 Section 112.4 amended - Violation penalties.
Section 112.4 of the California Fire Code is amended to read as follows:
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112.4 Violation penalties. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Title 15 or any permits, conditions, or variances granted under this Title, and violators shall be subject to any penalty or penalties authorized by law, including but not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense.
When the Fire Chief or his/her designee determines that a violation of this Chapter has occurred, the Fire Chief or his/her designee may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved . When the violation has been corrected, the Fire Chief or his/her designee shall issue and record a release of the notice of pendency of code violation.
[. . .]
15.04.150 Definitions amended or added to Section 202
Except as noted herein, Section 202 is adopted in full. The following definitions are amended or added to Section 202 of the California Fire Code to read as follows:
3D PRINTER. A machine used in the additive manufacturing process for fabricating objects through the deposition of a material using a print head, nozzle, or another printer technology.
ADDITIVE MANUFACTURING. A process of joining materials to make objects from 3D model data, usually layer upon layer, sometimes referred to as 3D printing. The Code recognizes two types of additive manufacturing:
1. Industrial additive manufacturing. 3D printing operations that typically utilize combustible powders or metals, an inert gas supply, a combustible dust collection system, or that create a hazardous (classified) location area or zone outside of the equipment.
2. Non-industrial additive manufacturing. 3D printing operations that do not create a hazardous (classified) location area outside of the equipment, and do not utilize an inert gas supply or a combustible dust collection system.
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
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4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.
FALSE ALARM. The willful, knowing, o r negligent initiation or transmission of a signal, message, or other notification of an event of fire when no such danger exists.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum threshold quantity is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied. The following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
MODERATELY TOXIC GAS. A moderately toxic gas is 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.
OTHER HEALTH HAZARD MATERIAL. Other health hazard material is a hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses), carcinogens, and irritants.
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without di scharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.
SPILL CONTROL. Spill control is that level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.
WILDLAND-URBAN INTERFACE FIRE AREA. Wildland-urban interface fire area is a geographical area identified by the State of California as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4202 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Within the city limits of the City of Palo Alto, “Wildland-Urban Fire Interface Area” shall also include all areas west of Interstate 280,
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and all other areas recommended as a “Very High Fire Hazard Severity Zone” by the Director of the California Department of Forestry.
WORKSTATION. A workstation is a defined space or independent principal piece of equipment using hazardous materials with a hazard rating of 1.
15.04.160 Section 316.7 added - Roof guiderails at interior courts.
Section 316.7 of the California Fire Code is added to read as follows:
316.7 Roof guardrails at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12 -inch diameter sphere cannot pass through.
15.04.170 320.3.13 added – Safety Certification.
Section 320.3.13 of the California Fire Code is added to read as follows:
320.3.13 Safety Certification. The equipment, process, training procedures and occupancy associated with industrial additive manufacturing may be required by the fire code official to receive a safety certification from Underwriter's Laboratory or equivalent.
15.04.180 Section 322.4.2.2.1 through 322.4.2.2.3 added – Maximum quantity in a control area.
Section 322.4.2.2.1 through 322.4.2.2.3 are added to the California Fire Code to read as follows:
322.4.2.2.1 Maximum quantity in a control area. The aggregate amount of lithium batteries stored and handled in a single control area shall not exceed 9,000 pounds (4086 kg).
322.4.2.2.2 Number of control areas. The maximum number of control areas within a building shall be four.
322.4.2.2.3 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds of lithium batteries per control area shall be in an approved Group H, Division 2 occupancy constructed in accordance with the Building Code and provided throughout with approved automatic smoke detection and radiant-energy detection systems.
15.04.190 Section 401.5 amended – Making false report.
Section 401.5 of the California Fire Code is amended to read as follows:
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401.5 Making false report. A person shall not, knowingly or unknowingly, give, signal, or transmit a false alarm. Initiation or transmission in a twelve -month period of three o r more signals, messages, or other notifications of an event of fire when no such danger exists shall be presumed negligent.
15.04.200 Section 503.1 amended - Fire access roadways.
Section 503.1 of the California Fire Code is amended to read as follows:
503.1 Fire access roadways. Where required, fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and as per Fire Department Access Road Standards.
[. . .]
15.04.210 Section 503.2.1 amended - Dimensions.
Section 503.2.1 of the California Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) exclusive of shoulders, or as required by Appendix D, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
15.04.220 Section 503.2.2 amended - Authority.
Section 503.2.2 of the California Fire Code is amended to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and/or vertical clearance where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
15.04.230 Section 504.5 added - Access Control Devices.
Section 504.5 of the California Fire Code is amended to read as follows:
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 shall 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 otherwise approved by the fire code official or his/her designee. Access control devices shall also comply with Chapter 10 Egress.
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15.04.240 Section 505.1.1 and 505.1.2 added – Premises Identification.
Sections 505.1.1 and 505.1.2 of the California Fire Code are added to read as follows:
505.1.1 Address illumination. Address identification required by Section 505.1 shall be illuminated.
505.1.2 Address identification size. Address numbers and letters required by Section 505.1 shall be sized as follows:
1. When the structure is between thirty -six (36) and fifty (50) feet from the road or other emergency means of access, a minimum of one -half inch (0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other emergency means of access, a minimum of one inch (1”) stroke by nine inches ( 12”) high is required.
15.04.250 Section 509.1.2 added – Fire Protection Equipment identification.
Section 509.1.2 of the California Fire Code is added to read as follows:
509.1.2 Fire Protection Equipment identification. Exterior fire control valves, standpipes, hose valves, fire department connection, post indicators, fire service backflow preventers and other fire department appurtenances are to be painted red for identification.
15.04.260 Sections 603.11 through 603.13 added.
Section 603.11 through 603.13 is added to the California Fire Code to read as follows:
603.11 Immersion heaters. All 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.
603.12 Electric vehicle service equipment – car chargers. Electric vehicle service equipment shall be equipped with collision protection and an emergency power disconnect switch as determined necessary by the Fire Code Official.
603.13 Energy storage system equipment - power walls. Energy storage systems equipment shall be equipped with collision protection as determined necessary by the Fire Code Official.
15.04.270 Section 605.5.2.1.1 amended - Prohibitive Locations.
Section 605.5.2.1.1 of the California Fire Code is amended to read as follows:
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605.5.2.1.1 Prohibitive 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.
Exception: intentionally deleted
15.0 4.280 Section 903.2 amended – Automatic sprinkler systems, where required.
Section 903.2 of the California Fire Code is amended to read as follows:
903.
2 Automatic sprinkler systems, where required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.18 and as follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new buildings and structures.
E
xception: New non -residential occupancies, buildings or structures that do not exceed 350 square feet of building area and contain no interior plumbing fixtures.
2. An automatic sprinkler system shall be provided throughout all existing buildings when modifications are made that create conditions described in Sections 903.2.1 through 903.2.18, or that create an increase in fire area to more than 3,600 square feet or when the addition is equal or greater than 50% of the existing building square footage whichever is more restrictive.
3. An automatic sprinkler system shall be provided throughout all new or altered basements used for storage/utility/occupancy or habitable space regardless of size and throughout existing basements that are expanded by more than 50%. If the addition or alteration is only the basement, then only the basement is required to be fire sprinkler protected.
4. An automatic sprinkler system shall be installed throughout when either the roof structure and/or exterior wall structure have been removed, altered and/or replaced in at least 50% of the existing structure.
5. An automatic sprinkler system shall be installed throughout when any change in use or occupancy creates a more hazardous fire/life safety condition, as determined by the Fire Chief.
Exception: Sp aces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed
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in accordance with Section 707 or not less than 2 -hour horizontal assemblies constructed in accordance with Section 711, or both.
[. . .]
15.04.290 903.3.1.1 amended – NFPA 13 sprinkler systems.
Section 903.1.1.1 of the California Fire Code is amended to read as follows:
903.1.1.1 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 accordanc e with this section, sprinklers shall be installed throughout in accordance with NFPA 13 and State and local requirements except as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group II / 1500 square feet.
2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet the higher density.
3. Light hazard shall be hydraulically designed to a 1500 square foot most remote area or as required by the fire code official.
4. Laboratory areas within buildings shall be hydraulically designed to Ordinary Hazard II density.
5. Parking areas where mechanical vehicle storage equipment is used the fire sprinkler system shall be hydraulically designed to Extra Hazard II density.
6. In multi-residential apartments, townhomes, and condominiums
[. . .]
15.04.300 Section 903.3.1.2 amended – NFPA 13R sprinkler systems.
Section 903.3.1.2 of the California Fire Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R occupancies, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13 and State and local standards.
[. . .]
15.04.310 Section 903.3.1.3 amended and 903.3.1.3.1 added – NFPA 13D sprinkler systems.
Section 903.3.1.3 of the California Fire Code is amended and 903.3.1.3.1 is added to read as
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follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings shall be installed throughout in accordance with NFPA 13D and State and local standards. Fire sprinkler protection shall be provided under rear covered patios extending over 4 ft perpendicular from the exterior of the structure. 903.3.1.3.1. Increase in fire sprinkler design criteria. Structures determined by the fire code official to have higher firefighting hazardous condition, or located in the Wildland- Urban Interface Fire Area, shall have an increase in fire sprin kler design criteria as determined by the fire code official.
15.04.320 Section 903.4.3 amended - Floor control valves.
Section 903.4.3 of the California Fire Code is amended to read as follows:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings two (2) or more stories in height shall have valves installed so as to control the system independently on each floor including basements.
15.04.330 Section 905.3.1 amended - Standpipe systems.
Section 905.3.1 of the California Fire Code is amended to read as follows:
905.3.1 Standpipe systems. A Class I Standpipe System shall be installed in new buildings or buildings being retrofitted with a fire sprinkler system where the roof edge/parapet is greater than 27 feet above the lowest level of Fire apparatus access roadway and in below grade levels.
15.04.340 Section 909.20.7 added - Smoke control systems - schedule.
Section 909.20.7 is added to the California Fire Code to read as follows:
909.20.7 Smoke control systems - 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 both shall occur at least annually.
15.04.350 Section 1008.3.3 amended – Rooms and spaces.
Section 1008.3.3 of the California Fire Code is amended to read as follows:
1008.3.3 Rooms and spaces. In the event of power supply failure, an emergency electrical system shall automatically illuminate all of the following areas:
1. Electrical equipment rooms.
2. Fire command centers.
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3. Fire pump rooms.
4. Generator rooms.
5. Public restrooms.
15.04.360 Section 1031.2 amended – Where required
Section 1031.2 of the California Fire Code is amended to read:
1031.2 Where required.
In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies:
Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section.
Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.
Exceptions:
1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.
2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section 1010.2.13 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4-inch open position.
3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that opens to a public way.
4. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m 2)
15.04.370 Section 1207.1.5 amended – Large-scale fire test.
Section 1207.1.5 of the California Fire Code is amended to read:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where
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installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.8.2.
15.04.380 Section 1207.11.3 amended – Location.
Section 1207.11.3 of the California Fire Code is amended to read:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.
3. Outdoors installations or on the exterior side of the exterior walls shall not be located not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and shall not be located below or above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8 -inch (15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.
15.04.390 Section 3305.9 added - Fire walls.
Section 3305.9 is added to the California Fire Code to read as follows:
3305.9 Fire walls. When firewalls are required, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather - protected at the location of the wall(s).
15.04.400 Section 3312.1 amended and 3312.1.1 added.
Section 3312.1 of the California Fire Code is amended to read as follows:
3312.1 Stairways required. Each level above the first story in new multi -story buildings shall be provided with at least two usable exit stairways after the floor decking is installed.
The stairways shall be continuous and shall discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after
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exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi -story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).
3312.1.1 Required means of egress. All new buildings under construction shall have a least one unobstructed means of egress. All means of egress shall be identified in the Fire Protection Plan.
15.04.410 Section 4902.1 amended - Definition of wildland-urban interface fire area.
The definition of “wildland-urban interface fire area” in Section 4902.1 is amended to read as follows:
WILDLAND-URBAN INTERFACE FIRE AREA (WUI) A geographical area identified by the State of California as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires.
Within the city limits of the City of Palo Alto, “Wildland -Urban Interface Fire Area” shall also include all areas west of Interstate 280, and all other areas recommended as a “Very High Fire Hazard Severity Zone” by the Director of the California Department of Forestry.
15.04.420 Section 4903.2 amended and sections 4903.3 through 4903.4 added – General requirements for wildland- urban interface fire areas.
Sections 4903.2 amended and 4903.3 through 4903.4 are added to the California Fire Code to read as follows:
4903.2 Contents. The fire protection plan shall be based on a project -specific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history. The plans shall identify conformance with all applicable state wildfire protection regulations, statutes and applicable local ordinances, whichever are more restrictive. The plan shall address fire department access, egress, road and address signage, water supply, building ignition and fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management in addition to fuel reduction in accordance with Public Resources Code (PRC) 4290; the defe nsible space requirements in accordance with PRC 4291 or Government Code 51182; and the applicable building codes and standards for wildfire safety. The plan shall identify mitigation measures to address the project’s specific wildfire risk and shall inclu de the information required in Section 4903.2.1.
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4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.
4903.4 Plan retention. The fire protection plan shall be retained by the fire code official.
15.04.430 Sections 4907.1 amended and 4907.4 added - Defensible space.
Section 4907.1 is amended and Section 4907.4 is added to the California Fire Code to read as follows:
4907.1 General. Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations. Defensible space will be managed around all buildings and structures in State Re sponsibility Areas (SRA) as required in Public Resources Code 4291. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire Area and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
2. Maintain additional effective defe nsible space by removing brush, flammable vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) from such buildings or structures, when required by the fire code official due to steepness of terrain or other conditions that wo uld cause a defensible space of only 30 feet (9144 mm) to be insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood.
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.
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6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. The storage of firewood and combustible material within the defensible space shall be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official.
8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways to of non-fire-resistive vegetation growth.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
[. . .]
4907.4 Corrective Actions. The executive body is authorized to instruct the fire code official to give notice to the owner of the property upon which conditions regulated by Section 4907.1 exist to correct such conditions. If the owner fails to correct such conditions, the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.
15.04.440 Section 5001.2.2.2 amended - Health Hazards.
Section 5001.2.2.2 of the California Fire Code is amended to read as follows:
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, toxic and moderately toxic.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
15.04.450 Section 5001.7 added - Hazard Materials Management Plan Electronic submissions Section 5001.7 is added to the California Fire Code to read as follows:
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5001.7 HMMP Electronic submissions Each applicant for a permit, a renewed permit, or an amended permit pursuant to this title shall file an electronic submission of all hazardous materials through California Environmental Reporting System (CERS) for the fire chief's approval, to be known as a hazardous materials management plan (HMMP), which shall demonstrate the suitable storage of hazardous materials. The HMMP may be amended at any time with the consent of the fire chief. The HMMP shall be a public record except as otherwise specified. Section 18.23.100 in Title 18 identifies notification requirements of the availability of the HMMP. Approval of the HMMP shall mean that the HMMP has provided adequate information for the purposes of evaluating the permit approval. Such approval shall not be understood to mean that the city has made an independent determination of the adequacy of that which is described in the HMMP electronic submission.
15.04.460 Section 5003.1.3.1 added - Toxic, Highly Toxic, Moderately Toxic gases and similarly used or handled materials.
Section 5003.1.3.1 is added to the California Fire Code to read as follows:
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 toxic gases in amounts exceeding Table 60004.2 or 60004.3 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.
15.04.470 Section 5003.1.5 added - Other Health Hazards Including Carcinogens, Irritants and Sensitizers.
Section 5003.1.5 is added to the California Fire Code to read as follows:
5003.1.5 Other Health Hazards Including Carcinogens, Irritants and Sensitizers. 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 this Section 5003.
15.04.480 Section 5003.1.6 added – Additional Secondary Containment Requirements.
Section 5003.1.6 is added to the California Fire Code to read as follows:
5003.1.6 Additional Secondary Containment Requirements. In addition to the requirements set forth i n 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 enda nger people, property or the environment. The approved
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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.
15.04.490 Section 5003.2.2.1 amended - Design and construction.
Section 5003.2.2.1 of the California Fire Code is amended to read as follows:
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, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.
2. 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.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing and provided with ready access at the following locations at the following locations:
a. The point of use.
b. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be clearly visible, provided with ready access and identified in an approved manner.
5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or 4, Flammability Class 3 or 4, or 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 and excess flow control shall be provided. Where the piping origi nates from 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.
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Exceptions:
a. Piping for inlet connections designed to prevent backflow. b. Piping for pressure relief devices.
7. 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 and 6004.3.
Secondary containment includes, but is not limited to, double- walled piping.
Exceptions:
a. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.
b. 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.
8. 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.
15.04.500 Section 5003.2.2.2 amended - Additional regulations for supply piping for health hazard materials.
Section 5003.2.2.2 of the California Fire Code is amended to read as follows:
5003.2.2.2 Additional regulations for supply piping for health hazard materials. Supply piping and tubing fo r gases and liquids having a health hazard ranking of 3 or 4 in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.11.7.4 of the California Building Code as required for Group H5 occupancies.
3. 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
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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.
15.04.510 Section 5003.3.1 amended - Unauthorized discharges.
Section 5003.3.1 of the California Fire Code is amended to read as follows:
5003.3.1 Unauthorized discharges. In the event hazardous materials are released in quantities reportable under state, federal or local regulations or when there is a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
15.04.520 Section 5003.5.2 added - Ventilation Ducting.
Section 5003.5.2 is added to the California Fire Code to read as follows:
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.
15.04.530 Section 5003.5.3 added - “H” Occupancies.
Section 5003.5.4 is added to the California Fire Code to read as follows:
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.
15.04.540 Section 5003.9.11 added - Fire extinguishing systems for workstations dispensing, handling or using hazardous materials.
Section 5003.9.11 is added to the California Fire Code to read as follows:
5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using hazardous materials. Combustible and non- combustible work stations which dispense, handle or use hazardous materials shall be protected by an approved automatic fire extinguishing system.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500 ml.
15.04.550 Section 5003.10.4 amended - Elevators utilized to transport hazardous materials.
Section 5003.10.4 of the California Fire Code is amended to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
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5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than in the individual(s) handling the chemical transport cart. 5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).
5003.10.4.3 Highly toxic, toxic, and moderately toxic gases shall be limited to a container of a maximum water capacity of 1 lb.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases means shall be provided to prevent the elevator from being summoned to other floors.
15.04.560 Section 5004.2.1 amended - Spill control for hazardous material liquids.
Section 5004.2.1 of the California Fire Code is amended to read as follows:
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. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containmen t pallets in accordance with Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid -tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.
15.04.570 Sections 5004.2.2 and 5004.2.2.2 amended and Table 5004.2.2 deleted - Secondary Containment for Hazardous Material Liquids and Solids.
Table 5004.2.2 is deleted in its entirety.
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Sections 5004.2.2 and 5004.2.2.2 of the California Fire Code are amended to read as follows:
5004.2.2 Secondary Containment for Hazardous Material Liquids and Solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section.
[. . .]
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems.
15.04.580 Section 5004.2.3 amended – Containment pallets.
Section 5004.2.3 of the California Fire Code is amended to read as follows:
5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exce eds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids.
Where used as an alternative to spill control and secondary co ntainment for outdoor storage in accordance with the exception in Section 5004.2, containment pallets shall comply with all of the following:
1. A liquid-tight sump accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons (250L);
3. Exposed surfaces shall be compatible with material stored;
Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet.
15.04.590 Section 5704.2.7.5.8 amended - Overfill prevention.
Section 5704.2.7.5.8 of the California Fire Code is amended to read as follows:
5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel -burning equipment inside buildings.
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Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less shall comply with Section 5704.2.9.7.5.1 (1.1)
15.04.600 Section 5704.2.7.5.9 added - Automatic filling of tanks.
Section 5704.2.7.5.9 is added to the California Fire Code to read as follows:
5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with an approved overfill protection system 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 on-site for a period of five (5) years.
15.04.610 Section 5707.3.3 amended – Site Plan.
Section 5707.3.3 of the California Fire Code is amended to read as follows:
5707.3.3 Site Plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on site and their use and function
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing, impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
15.04.620 Section 6001.1 amended – Site Scope.
Section 6001.1 of the California Fire Code is amended to read as follows:
6001.1 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.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1. Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’s instruction and
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label directions.
2.2. Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.
2.3. Storage in dwellings or private garages of pesticides registered by the U.S. Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.
15.04.630 Section 6002.1 amended – add definitions
The following definition is added to section 6002.1 of the California Fire Code as defined in Chapter 2 of the California Fire Code and local amendments:
MODERATELY TOXIC GAS. A moderately toxic gas is 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.
15.04.640 Section 6004.1 amended - Highly toxic and toxic compressed gases.
Section 6004.1 of the California Fire Code is amended to read as follows:
6004.1.1 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.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
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.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
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15.04.650 Sections 6004.2 and 6004.2.1 amended - Indoor storage and use.
Sections 6004.2 and 6004.2.1 of the California Fire Code are amended to read as follows:
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 6004.2.2.10.3.
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.
15.04.660 Section 6004.2.1.4 and Table 6004.2.1.4 Added - Quantities.
Section 6004.2.1.4 and Table 6004.2.1.4 of the California Fire Code are added to read as follows:
6004.2.1.4 Quantities. 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.
Table 6004.2.1.4
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
15.04.670 Section 6004.4 through 6004.4.8.2 Added - General Indoor Requirements Section 6004.4 through 6004.4.8.2 of the California Fire Code is added to read as follows:
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
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.
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Exception:
1. Where a gas detection system is provided in accordance with 6004.4.8
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.
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.
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.
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 gases—storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:
a. Valve outlets are equipped with gas-tight outlet plugs or caps. b. Hand wheel-operated valves have handles secured to prevent movement. c. Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.
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,
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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. Automatic- closing 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.
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.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable discharge 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.
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.
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).
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
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temperature and pressure.
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.
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.
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.
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.
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.
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.
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.
Exception: 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.
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SECTION 2. The Council adopts the findings for local amendments to the California Fire Code, 2022 Edition, attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the California Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
SECTION 4. This Ordinance shall become effective on the commencement of the thirty-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Fire Chief
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EXHIBIT A
Findings for Local Amendments to the 2022 California Fire Code
The following local amendments to the 20 22 California Fire Code make modifications as authorized by the California Health and Safety Code. In accordance with Section 18941.5 of said Code, Findings are hereby made to show that such mo difications or changes are reasonably necessary because of local climatic, geological or topographical conditions.
I. PREAMBLE
I. Findings of fact
A. Pursuant to Section 17958.5 of the California Health and Safety Code, the report contained herein is submitted as the “Findings of Fact” document with regard to the adoption of the California Fire Code, 20 22 Edition, and amendments. Under this adopting ordinance, specific amendments have been established which are more restrictive in nature than those adopted by the State of California (State Building Code Standards, State Housing and Community Development Codes) commonly referred to as California Code of Regulations, Titles 19, 24 and
25. B. These amendments to the California Fire Code, 2022 Edition, have been recognized by the City of Palo Alto (“City”) as tools for addressing the fire problems, concerns and future direction by which the authority can establish and maintain an environment which will afford a level of fire and life safety to all who live and work within the City’s boundaries.
C. Under the provisions of Section 17958.5 of the Health and Safety Code, local amendments shall be based upon the following: climatic, geological/geographical, and topographical conditions. The findings of fact contained herein shall address each of these situations and shall present the local situation which, either singularly or in combination, caused the established amendments to be adopted.
1. Climactic Conditions:
The City, on an average, experiences an annual rainfall of 16" - 18". This rainfall can be expected between October and April of each year. However, during the summer months there is little, if any, measurable precipitation. During this dry period the temperatures are usually between 70- 90 degrees with light to gusty westerly winds. These drying winds, combined with the natural vegetation which is dominant throughout the area, create a hazardous fuel condition which can cause, and has caused in the past, extensive grass and brush lan d fires. With more and more development encroaching into these wooded and grass covered areas, wind -driven fires could have severe consequences, as has been demonstrated on several occasions in Palo Alto and other
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areas of the state. Fires in structures can easily spread to the wildland as well as a fire in the wildland into a structure.
Because of the weather patterns, a normal rainfall cannot always be relied upon. This can result in water rationing and water allocation systems, as demonstrated by the drought years of 1986- 1991. Water shortages can also be expected in the future due to the current water storage capacities and increased consumption. The water supply for the Palo Alto fire department makes use of automatic fire sprinkler systems feasible as a means to reduce our dependency on large volumes of water for fire suppression.
2. Geological & Geographical Conditions:
Geographical Location
. Palo Alto is located at the northern most part of Santa Clara County. Palo Alto is a major focus of the “Silicon Valley,” the center for an expanding and changing electronics industry, as well as pharmaceutical, biomedical, and genetic research.
Seismic Location. Palo Alto is situated on alluvial solids between San Francisco Bay and the San Andreas Fault zone. The City’s location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Se ismically, the city sits between two active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous potentially active faults. Approximately 55% of the City’s land surface is in the high -to-moderate seismic hazard zones.
Seismic and Fire Hazards. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself.
The majority of the City’s high-rise structures are located in seismic risk zones. Should a significant seismic event occur, Public Safety resources would have to be prioritized to mitigate the greatest threat, and may not be available for every structural fire. In such event, individual structures, including high-rise buildings, should be equipped to help in mitigating the risk of damage.
Other variables may tend to intensify the situation:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse; c. The extent of roadway damage and/or amount of debris blocking the roadways; d. Climatical conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;
f. The availability of timely mutual aid or military assistance; g. Many high-rise structures are located near areas of high fire danger necessitating special
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precautions.
Transportation. Palo Alto is dissected by a major state highway (El Camino Real) and two major freeways (I-280 and U.S. 101), whic h potentially could negatively affect response times of fire suppression equipment.
Soil Conditions. Palo Alto lies at the southern end of San Francisco Bay and is built atop the alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding of many streams emptying into the San Francisco Bay depression, and from intermittent sea water inundation that has occurred over the last 2 or 3 million years. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud which varies in thickness from a few feet to as much as 30 feet. Generally, the older more stable alluvium is to the south and the younger less stable material is to the north. Bedrock lies beneath the area at depths of generally 300' or more.
3. Topographical Conditions:
The findings of fact for the topographical element, as would be expected, are closely associated with the geological/geographical element. With the elevation changes within the district, development is of course following the path of least resistance, creating a meandering pattern.
This then does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major crosstown thoroughfares which tend to be heavily congested, primarily during commute hours and seasonal periods of the year. This creates barriers which reduce the response time of fire equipment and other emergency services. The topography of the district is being burdened by major structures. Employment areas are throughout the district. The people who work in these complexes have added to the traffic congestion throughout the city, thereby reducing the fire department’s response time capabilities.
Inherent delays caused by the traffic patterns to many of these types of projects, make it necessary to mitigate this problem by requiring additional built -in automatic fire protection systems to provide early detection and initial control until the arrival of the fire department.
The topography of the district in much of the commercial and residential zones lies within or near a flood plane. Periodically, heavy rains and high tides cause region-wide flooding which not only delays response but also increases demands on fire personne l. The fire code amendments increase safeguards and initialize early response to help compensate for these physical delays.
As a result of the findings of facts which identify the various climatic, geological/geographical and topographical elements, those additional requirements as specified in the amendments to adopting ordinance for the California Fire Code 2022 Edition, by the City of Palo Alto area are considered reasonable and necessary modifications. The experience of several disastrou s fires
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within the city in addition to Santa Clara, Monterey, San Mateo, Alameda and Contra Costa counties have demonstrated the need for other fire protection features, the most significant of which was located in the Oakland/Berkeley Hills in which over 3,000 homes were destroyed and 25 human lives were lost. While it is clearly understood that the adoption of such regulations may not prevent the incidence of fire, the implementation of these various amendments to the Code may reduce the severity and potential of loss of life and property.
II.
Specific Findings for Local Amendments
The majority of local amendments (those not specifically listed below) are made strictly to conform to other parts of the Palo Alto Municipal Code (PAMC) and for similar administrative purposes.
Based upon the findings of fact described in section I, the City Council also makes the following specific findings regarding local climatic, geological, and topographic conditions related to local amendments to the California and International Fire Codes found in Chapter 15.04 of Title 15 of the Palo Alto Municipal Code (“PAMC”):
1. The local amendments contained in PAMC sections 15.04.060 through 15.04.090,
15.04.150, 15.04.170, 15.04.180, 15.04.260, and 15.04.440 through15.04.670 - relating to general conditions for hazardous materials are necessary modifications to the California Fire Code flammable and hazardous materials sections because they maintain consistency with the Hazardous Materials Storage Ordinance which has been adopted county- wide since 1983.
Requirements include safeguards such as monitoring, secondary containment, separation of non-compatibles which prevent incidents should a seismic event, unauthorized release or accident occur.
2. The local amendment contained in PA MC section 15.04. 260- Immersion Heaters - is necessary as a fire control measure because it requires additional controls on process heating devices which are often activated when unattended. See Geological Findings 2.
3. The local amendments contained in PAMC 15.04.280 through 15.04.340 relating to fire sprinkler systems are necessary for faster control of fires in the dense populated area and areas in an extended response time of our community to confine a fire to the area of origin rather than spread to neighboring structures.
The modifications contained in these amendments provide additional fire extinguishing systems in new construction, major remodels, additions, and occupancy classification changes to help mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
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4. The local amendment contained in PAMC section 15.04.320 - Floor control valves is necessary to provide fire extinguishing control devices that allow systems to remain partially in service while repairs or maintenance are ongoing. See Findings 1 and 2 above- Climatic and Geographical.
5. The local amendments contained in PAMC section 15.04.350 provides emergency lighting, where emergency lighting is required, in public restrooms regardless of size for public safety. See Findings 1, 2, and 3 – Climatic, Geographical and Topographical.
6. The local amendment contained in PAMC section 15.04.360 matches the requirements for exceptions for emergency escapes in basements/storm shelters in local amendment contained in section 16.04.360. See Findings 1 and 2 – Climatic and Geographical.
7. The local amendments contained in PAMC section 15.04.370 and 15.04.380 are recommendations from Santa Clara County Fire Marshals Association to provide code reference to the installation of commercial ESS, and clarifying location for residential ESS to not interfere with emergency escapes or rescue openings.
8. The local amendments contained in PAMC sections 15.04.390 through 15.04.410 provide for additional fire and life safety measures during construction and demolition. See Findings 2 and 3, above- Geographical and Topographical.
9. The local amendments contained in PAMC sections 15.04.060 through 15.04.090,
15.04.150, 15.04.460, and 15.04.620 through 15.04.670 regarding toxic gases incorporate requirements established by the Model Toxic Gas Ordinance and California Fire Code.
Administrative and restrictive measures include changes in definitions, quantities regulated, and utilizes County consensus guidelines established by other regional agencies which share similar climatic, geological/geographical, and topographical conditions. See Findings 1, 2 and 3, above- Climatic, Geographical and Topographical.
10. The local amendments contained in PAMC sections 15.04.410 through 15.04.430 set forth protections for urban-wildland interface areas that are necessary to mitigate the additional fire risks in the Palo Alto foothills hazardous fire zone. The modifications contained in these amendments provide for additional precautions against fire risks and additional fire extinguishing systems necessitated by the conditions listed in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
11. The local amendments added in PAMC section 15.04.160 - Roof guardrails at interior courts provides for additional fire and life safety measures for firefighters on buildings with unconventional lightwells. See Findings 2 and 3, above- Geographical and Topographical.
12. The local amendments contained in PAMC section 15.04.020 set forth construction and design provisions for residential property to mitigate the additional risk of fire. The modifications contained in this amendment provide for additional precautions against fire risks necessitated by the conditions listed in Findings 1, 2, and 3, above- Climatic, Geographical and
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Topographical.
13. The local amendments contained in PAMC section 15.04.100 are necessary to identify the individual responsible who will perform a fire plan review and the requirement of additional information is necessary to aid in a thorough review during the plan review process. The modifications contained in this amendment provide information that will help mitigate fire risks associated by the conditions listed in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
14. The local amendment contained in PAMC section 15.04.120 is necessary to identify who has the authority and to establish the frequency to inspect buildings and premises. The modifications contained in this amendment provide for additional precautions to mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
15. The local amendment contained in PAMC section 15.04.190 is necessary to set forth a limit of the maximum number of false alarms the city of Palo Alto Fire Department will respond to.
This measure is necessary to prevent fire department resources from responding to non- emergency situations thereby being unavailable to respond to an actual emergency associated with Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 above.
16. The local amendments added in PAMC sections 15.04.200 through 15.04.250 – The Fire Access Roadways and Dimensions requirements are necessary to provide access for effective, efficient and safe firefighting operations. These measures are necessary to prevent a delay in fire department resources responding to and having access to an emergency situation associated with Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 above.
17. The local amendment added in PAMC section 15.04.270 – Prohibitive Locations, is necessary to restrict the use of portable outdoor gas-fired heating appliances in specific locations as these appliances can be a fire hazard that may also contribute to the uncontrolled spread of fire as a result of the Climatic, Geographical, and Topographical conditions described in Findings 1, 2, and 3 above.
18. The local amendment added in PAMC section 15.04.260 relating to the protection of energy storage systems is necessary to prevent potential damage and fire that may also contribute to the uncontrolled spread of fire as a result of the Climatic, Geographical, and Topographical conditions described in Findings 1, 2, and 3 above.
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.04 of the Palo Alto Municipal Code and Adopting a New Chapter 16.04, California Building Code, and a New Chapter 16.19, California Historical Building Code and California Existing Building Code, 2022 Editions, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.04 of the Palo Alto Municipal Code is hereby amen ded by repealing it in its entirety and adopting a new Chapter 16.04 to read as follows:
Chapter 16.04
California Building Code, Title 24, Part 2, Volumes 1 & 2
16.04.010 2022 California Building Code, Title 24, Part 2, Volumes 1 & 2 adopted and amended.
The California Building Code, 2022 Edition, Title 24, Part 2, Volumes 1 & 2 of the California Code of Regulations, together with those omissions, amendments, exceptions, and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of any former iteration of the California Code of Regulations, Title 24, shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5508 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.
Wherever the phrases “California Building Code” or “Building Code” are used in this code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to the California Building Code, 2022 Edition, Title 24, Part 2 of the California Code of Regulations, as adopted by this chapter.
One (1) copy of the California Building Code, 2022 Edition, has been filed for use and examination of the public in the Office of the Chief Building Official of the City of Palo Alto.
16.04.020 Cross - References to California Building Code.
The provisions of this Chapter contain cross -references to the provisions of the California Building Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
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16.04.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Building Code, 2022 Edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. Where used in this Chapter 16.04, ellipses shall indicate text of the California Building Code, 2022 Edition, that has been adopted without amendment but is omitted for brevity.
16.04.040 Adoption of 2022 California Building Code Chapter 1, Division II – Scope and Administration, Part 1 – Scope and Application And Part 2 – Administration And Enforcement
Chapter 1, Division II, Parts 1 – Scope and Application and Part 2 – Administration and Enforcement of the 2022 California Building Code are adopted in their entirety, as amended herein.
16.04.050 Section 101.1 Title.
Section 101.1 of the California Building Code is amended to read:
101.1 Title. These regulations shall be known as the Building Code of City of Palo Alto, hereinafter referred to as “this code”.
16.04.060 Section 101.2.1 Appendices.
Section 101.2.1 of the California Building Code is amended to read:
The following Appendix chapters and sections of the California Building Code, 2022 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein:
A. Appendix I – Patio Covers (Sections I101 through I105) B. Appendix J – Grading (Section J109.4 Drainage across property lines) C. Appendix P – Emergency Housing (Sections P101 through P110)
16.04.070 101.4 Referenced codes.
Section 101.4 of the California Building Code is amended to add subdivisions 101.4.8 through 101.4.12, as follows:
101.4 Referenced codes. The other codes listed in Section 101.4.1 through 101.4.12 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
[. . .]
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101.4.8 Historical Buildings. The provisions of the California Historical Code shall apply to the alteration, addition, and relocation to qualified historical buildings or properties.
101.4.9 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.10 Residential Buildings. The provisions of the California Residential Code shall apply to all matters governing the design and construction of detached, one- and two -family dwellings, townhouses not more than three stories and separate means of egress, and structural accessory thereto.
101.4.11 Green Building Standards. The pro visions of the California Green Building Standards Code shall apply to all matters governing the "green building" related planning, design construction, operation, use and occupancy of newly constructed and altered buildings.
101.4.12 International Swimming and Spa Code.
The provisions of the 2021
International Swimming and Spa Code shall apply to the installation of private swimming pools and spa facilities.
16.04.080 Section 103 Code Compliance Agency
Section 103 of the California Building Code is amended to read:
103.1 Creation of enforcement agency. The Planning and Development Services Department is hereby created and the official in charge thereof shall be known as the chief building official, also referred to as building official or code official. The function of the department shall be the implementation, administration, and enforcement of the provisions of this code.
103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdictions and with the concurrence of the appointing authority , the building official shall have the authority to appoint assistant chief building officials, manag er supervisors, and other technical officers, inspectors, and other employees. Such employees shall have powers as delegated by the building official.
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16.04.090 Section 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.
Section 104.2.1 of the California Building Code is amended to read:
104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the city engineer or designee shall d etermine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the city engineer or designee determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the city engineer or designee shall require the building to meet the requirements of Section 1612 of the California Building Code , Section R322 of the California Residential Code as amended, or Palo Alto Municipal Code 16.52 Flood Hazard Regulations, whichever is more stringent.
16.04.100 Section 104.10.1 Flood hazard area.
Section 104.10.1 of the California Building Code is amended to read:
104.10.1 Flood hazard areas. The city engineer or designee shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life a property.
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16.04.110 Section 105.2 Work exempt from permit.
Section 105.2 of the California Building Code is amended to read:
105.2 Work ex empt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.
2. Wood fences not over 7 feet (2134 mm) high or concrete or masonry wall not over 4 feet (1219 mm) high when not subject to specific city of Palo Alto Planning and Zoning regulations.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4. Oil derricks.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route, accessible parking spaces, or required exits.
7. Wood decks not over 30 inches above surrounding grade or finishes, not attached to a structure, or serving any part of the means of egress.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
9. Temporary motion picture, television and theater stage sets and scenery.
10. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
11. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
12. Swings and other playground equipment accessory to detached one - and two- family dwellings and not considered a public playground.
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13. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.
14. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and tel evision transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
4. Temporary decorative lighting: Exterior listed p lug-in decorative lighting plugged into a waterproof GFCI receptacle outlet.
5. Replacement of overcurrent devices: Replacement of any overcurrent device less than 1,200 amps of the same capacity in the same location.
6. Wiring for temporary theatre, motion picture or television stage sets.
7. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more 50 watts of energy.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its listing/approval or make it unsafe.
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6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets , provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
[. . .]
16.04.120 Section 105.3.2 Time limitation of application.
Section 105.3.2 of Chapter 1 of the California Building Code is amended to read:
105.3.2 Time limitation of application. An accepted application for a permit for any proposed work shall be deemed to have been abandoned twelve (12) months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions and/or reactivations for additional periods not exceeding ninety ( 90) days each. The extension shall be required in writing and justifiable cause demonstrated.
16.04.130 Section 105.5 Expiration.
Section 105.5 of Chapter 1 of the California Building Code is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within twelve (12) months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of twelve (12) months after the time the work is commenced. For the purpose of this section, failure to progress a project to the next level of required inspection, as determined by the chief building official, shall be deemed to be suspension of the work.
The chief building official or designee is authorized to grant, in writing, no more than three extensions and reactivations of permits that would otherwise expire or reactivations of expired permits, for periods not more than 180 days each and may require:
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1. that construction documents be revised to partially or fully to comply with current codes and ordinances; and
2. payment of fees; and
3. payment of a penalty pursuant to Chapter 16.62 of the Palo Alto Municipal Code.
Extensions and reactivations shall be requested in writing and justifiable cause demonstrated. Additional extensions or reactivations beyond three may only be granted with the approval of the City Council.
105.5.1 Term limit for permits. All work associated with a building permit must be completed, and final inspection issued, within forty -eight ( 48) months of permit issuance. Once a term limit has been exhausted without obtaining an approved final inspection the permit will automatically become void . The chief building official or designee is authorized to allow a new permit application to be applied for the original scope of work and may require:
1. that construction documents be revised to partially or fully to comply with current codes and ordinances; and
2. payment of partial or all plan review and permit fees; and
3. payment of a penalty pursuant to Chapter 16.62 of the Palo Alto Municipal Code.
16.04.140 Section 106.1 Live loads posted.
Section 106.1 of the California Building Code is amended to read:
106.1 Live Loads Posted. In commercial, institutional or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
16.04.150 Section 109.6 Refunds.
Section 109.6 of Chapter 1 of the California Building Code is amended to read:
109.6 Refunds. The building official or designee may authorize the refund of any fee paid hereunder which was erroneously paid or collected. The building official or designee may authorize the refund of no t more than eighty percent (80%) of the Permit Fee paid when no work has occurred under a permit issued pursuant to this Chapter.
The building official or designee may authorize the refund of not more than eighty percent (80%) of the Plan Review Fee paid w hen a permit application is withdrawn or canceled before any plan review work has started.
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16.04.160 Section 109.7 Re-Inspection fees.
Section 109.7 of Chapter 1 of the California Building Code is added to read:
109.7 Re-Inspection Fees. A re-inspection fee may be assessed/authorized by the building official or designee for each occurrence as itemized below:
1. inspection record card is not posted or otherwise available on the work site; or
2. approved plans are not readily available for the inspecto r at the time of inspection; or
3. inspector is unable to access the work at the time of inspection; or
4. when work has substantially deviated from the approved plans without the prior approval of required revision; or
5. when work for which an inspection is requested is not ready for inspection; or
6. when required corrections noted during prior inspections have not been completed.
When a re-inspection fee is assessed, additional inspection of the work will not be performed until the fee has been paid.
16.04.170 Section 110.2.1 Preliminary accessibility compliance inspection.
Section 110.2.1 of Chapter 1 of the California Building Code is added to read:
110.2.1 Preliminary accessibility compliance inspection. Before issuing a permit, the building official or designee is authorized to examine or cause to be examined the pre - construction accessibility compliance conditions of the buildings, structures, and sites for which an application has been filed.
16.04.180 Section 110.3.3 Lowest floor elevation.
Section 110.3.3 of Chapter 1 of the California Building Code is amended to read:
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to furt her vertical construction, the elevation certification shall be submitted to City Public Works Engineering for inspection approval prior to foundation inspection by City Building Inspection.
16.04.190 Section 111.1 Use and occupancy.
Section 111.1 of Chapter 1 of the California Building Code is amended to read:
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111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy of a building or structure or portion thereof shall not be made, until the chief building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required or issued for:
1. Work exempted from permits under Section 105.2
2. Group R – Division 2, 3 occupancies
3. Group U occupancies accessory to R3 and R2 occupancies
111.1.1 Change of occupancy or tenancy. Each change of occupancy, official name or tenancy of any building, structure, or portion thereof, shall require a new certificate of occupancy, whether or not any alterations to the building are required by this code.
Before any application for a new certificate of occupancy is accepted, a fee shall be paid by the applicant to cover the cost of the inspection of the building required by the change of occupancy or tenancy.
When application is made for a new certificate of occupancy under this section, the building official and fire chief shall cause an inspection of the building to be made.
The inspector(s) shall inform the applicant of those alterations necessary, or if none are necessary, and shall submit a report of compliance to the building official.
If a portion of any building does not conform to the requirements of this code for a proposed occupancy, that portion shall be made to conform. The building official may issue a new certificate of occupancy without requiring compliance with all such requirements if it is determined that the change in occupancy or tenancy will result in no increased hazard to life or limb, health, property, or public welfare.
16.04.200 Section 111.3 Temporary occupancy.
Section 111.3 of Chapter 1 of the California Building Code is amended to read:
111.3 Temporary occupancy. The building official or designee is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, or as otherwise required, provided that such portion or portions shall be occupied safely. The building official or designee shall set a time period during which the temporary certificate of occupancy is valid.
16.04.210 Section 111.5 Posting.
Section 111.5 of Chapter 1 of the California Building Code is added to read:
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111.5 Posting. The temporary certificate of occupancy or certificate of occupancy shall be posted in a conspicuous, readily accessible place in the building or portion of building to be occupied and shall not be removed except when authorized by the building official.
16.04.220 Section 113 Means of Appeals.
Section 113 of Chapter 1 of the California Building Code is amended to read:
SECTION 113
MEANS OF APPEALS
113.1 Appeals. A person requesting an order, decision, or determination by the building official relative to the California Building Code (as amended) may appeal such order, decision or determination by completing a request for hearing fo rm and returning it to the City within thirty calendar days from the date of the decision, together with a ll applicable fees authorized by the City’s Municipal Fee Schedule . A request for hearing shall be based on a claim that the true intent of the California Building Code (as amended) or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent o r better form of construction is proposed.
(a) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. (b) If the building official submits an additional written report concerning the decision to hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five days prior to the date of the hearing.
(c) The appeal procedure set out in this Section 113.1 et seq . does not apply to : (1) decisions by the building official or any other City official related to administrative enforcement actions taken under Chapter 1.12 or Chapter 1.16 of the Palo Alto Municipal Code; (2) decisions by the City to enforce the California Building Code under any provision of criminal law; or (3) any other action taken by the C ity that specifies its own appeal procedure.
113.2 Hearing Officer. The building official shall designate a hearing officer for the appeal hearing. The hearing officer may consist of one person or a body of people. The hearing officer shall not be the building official or any directly subordinate employees. (a) The hearing officer do es not have authority to waive requirements of the California Building Code (as amended) or interpret the administration of the Code. (b) The hearing officer does not have authority to issue an order, decision, or determination on his or her own authori ty. This includes the issuance or amendment of building permits.
(b) The hearing officer shall be qualified by experience and training to pass on matters pertaining to building construction.
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113.3 Hearing procedures.
(a) No appeal hearing before a he aring officer shall be noticed unless the applicable fee(s) been paid in advance in accordance with Section 113.1. (b) A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The party requesting the hearing may request one continuance for any reason, provided that the hearing officer is given the request for continuance at least forty-eight hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than ninety days after the request for hearing was made. A request for continuance made less than forty-eight hours before the scheduled hearing may be granted by the hearing officer based upon exigency only. The parties may stipulate to an alternative hearing date schedule outside of these rules upon a finding of good cause and approval from the hearing officer. (c) At the hearing, the appellant shall be given the opportunity to testify and to present evidence and cross -examine witnesses concerning the a ppeal. Th e appella nt may appear personally or through a representative. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing officer may conduct the hearing informally, both as to rules of proce dure and admission of evidence, in any manner which will provide a fair hearing. (d) The failure of the appellant to appear at the hearing or, in the alternative, to present written or demonstrative evidence shall constitute the dismissal of the appeal with prejudice.
(e) The administrative record and any additional report submitted by the building official shall constitute presumptive evidence of the respective facts contained in those documents. The building official shall have the same rights as the appellant to testify, present evidence, and cross-examine witnesses concerning the appeal. (f) The hearing officer may continue the hearing and request additional information from the building official or appellant prior to issuing a written decision.
113.4 Hearing Officer’s decision.
(a) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or amend the building official’s order, decision or determination, and the reasons for that decision. The decision of the hearing officer shall be issued within thirty days following completion of the hearing.
The decision of the hearing officer shall be final upon service on the appellant , subject only to judicial review as allowed by law.
(b) The hearing officer shall consi der any written or oral evidence submitted at the hearing consistent with ascertainment of the facts regarding the issues of the appeal. (c) If the hearing officer determines that the building official’s order, decision, or determination should not be upheld as originally given , then the hearing officer shall direct the building official to make any amendments or changes necessary to implement the hearing officer’s decision. The hearing officer shall also give the building official a
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reasonable deadline to complete such actions.
(d) The appellant shall be served with a copy of the hearing officer's written decision within ten calendar days following its issuance.
16.04.225 Section 114 Violations.
Section 114 of Chapter 1 of the California Building Code is amended to read:
SECTION 114
VIOLATIONS
114.1 Unlawful acts . It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter or any permits, conditions, or variances granted under this Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but not limited to: administrative enforcement pursuant to Chapters 1.12, 1.16 and 16.62 of the Palo Alto Municipal Code; and criminal enforceme nt pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each separate day or any portion thereof during which any violation of this Chapter occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the chief building official may , in his or her sole discretion, record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the chief building official shall issue and record a release of the notice of pendency of code violation.
114.2 Criminal enforcement authority. The employee positions designated in this section are authorized to exercise the authority provided in California Penal Code section 836.5 for violations of this Chapter. The designated employee positions are: (1) chief building official, (2) assistant chief building official, (3) building inspection manager, (4) Building Inspector or Building Inspector Specialist as designated by the chief building official and (5) code enforcement officer.
16.04.230 Section 115 Stop Work Order.
Section 115 of Chapter 1 of the California Building Code is amended to read:
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner that is contrary to the provisions of this code, without a permit, beyond the scope of the issued permit, in violation of the Palo Alto Municipal Code or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to issue a stop work order.
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115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible location near the location where the work is being conducted. If the owner or owner’s agent is not on site at the time of posting, a notice advising the reasons for the stop work order issuance shall be hand delivered or mailed first -class to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, the conditions under which the c ited work will be permitted to resume, and the name and contact information of the official or agency issuing the order.
115.3 Unlawful continuance. Any person who continues to engage in any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.
115.4 Removal of posted stop work order. Any person who removes a posted stop work order without written consent of the Building Official shall be guilty of a misdemeanor.
115.5 Response required. Violators receiving a stop work order are required to respond to Planning and Development Services within five (5) business days of the issued notice to receive instructions on how to rescind the order.
115.6 Permit application required. A building permit application with construction or demolition plans and supporting (structural calculations, energy calculations, accessible access) documents must be submitted for approval within twenty (20) working days following response to Planning and Development Services . Plans will be reviewed and correction letters issued or permit application approved by Plann ing and Development Services. A response to any correction letter must be submitted within fifteen (15) working days of the date of the correction letter. Ten (10) working days will be required to review this second submission and a permit approved for issuance. Permits ready for issuance must be issued within five (5) working days thereafter. All construction must be inspected as work progresses and signed off by all (affected) departments within the permit term limits outlined in Section 105.5.1 or as determined by the building official.
115.7 Stop work order penalty. The Building Official may impose Stop Work Order Penalties in accordance with Section 1.14.050 of this code and/or other applicable law.
16.04.240 Section 502.1 Address identification.
Section 502.1 of Chapter 5 of the California Building Code is amended to read:
502.1 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
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a minimum of 4 inches (102 mm) high with a minimum stroke width of ½ inch (12.7 mm) unless required to be larger by Section 502.1.2. When 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 address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address numbers shall be maintained.
502.1.1 Address illumination. Address identification required by Section 501.2 shall be illuminated.
502.1.2 Address identification size. Address numbers and letters shall be sized as follows:
1. When the structure is between thirty -six (36) and fifty (50) feet from the road or other emergency means of access, a minimum of one -half inch (0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other emergency means of access, a minimum of one inch (1”) stroke by nine inches (12”) high is required.
16.04.250 Section 702A Definitions – Wildland-Urban Interface Fire Area.
Section 702A of Chapter 7A of the California Building Code is amended include the following definition of “WILDLAND-URBAN INTERFACE FIRE AREA”:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the State of California as a “Fire Hazard Severity Zone” in accordance with Public R esources Code Sections 4201 through 4202 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to beat a significant risk from wildfires.
Within the city limits of the City of Palo Alto, “Wild Land-Urban Fire Interface Area” shall also include all areas west of Interstate 280, and all other areas recommended as a “Very High Fire Hazard Severity Zone” by the Director of the California Department of Forestry.
16.04.260 Section 903.2 Automatic Sprinkler Systems, Where Required.
Section 903.2 of Chapter 9 the California Building Code is amended to read:
903.2 Automatic sprinkler systems, where required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.18 and as follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new buildings
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and structures
Exception: New non-residential occupancies, buildings or structures that do not exceed 350 square feet of building area and contain no plumbing fixtures.
2. An automatic sprinkler system shall be provided throughout all existing buildings when modifications are made that create conditions described in Sections 903.2.1 through 903.2.18, or that create an increase in fire area to more than 3600 square feet or when the addition is equal or greater than 50% of the existing building square footage whichever is more restrictive.
3. An automatic sprinkler system shall be provided throughout all new or altered basements used for storage/utility/occupancy or habitable space regardless of size and throughout existing basements that are expanded by more than 50%. If the addition or alteration is only the basement, then only the basement is required to be fire sprinkler protected.
4. An automatic sprinkler system shall be installed throughout when either the roof structure and/or exterior wall structure have been removed , altered, and/or replaced by at least 50% of the existing structure.
5. An automatic sprinkler system shall be installed throughout when any change in use or occupancy creating a more hazardous fire/life -safety condition, as determined by the Fire Chief.
Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1 -hour fire barriers constructed in accordance with Section 707 or not less than 2 - hour horizontal assemblies constructed in accordance with Section 711, or both.
16.04.270 Section 903.3.1.1 NFPA 13 sprinkler systems.
Section 903.3.1.1 of Chapter 9 of the California Building Code is amended to read:
903.3.1.1 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 and State and local requirements except as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group II/1500 square feet.
2. Where future use or tenant is determined to require a higher density, the
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sprinkler system shall be augmented to meet the higher density.
3. Light hazard occupancy shall be hydraulically designed to a 1500 square feet most remote area or as required by the fire code official
4. Laboratory areas within buildings shall be hydraulically designed to Ordinary Hazard II density.
5. Parking areas where mechanical vehicle storage equipment is used shall be hydraulically designed to Extra Hazard II density.
6. In multi-residential apartments, townhomes, and condominiums.
16.04.280 Section 903.3.1.2 NFPA 13R sprinkler systems.
Section 903.3.1.2 of Chapter 9 of the California Building Code is amended to read:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R Occupancies, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13 and State and local standards.
16.04.290 Section 903.3.1.3 NFPA 13D sprinkler systems.
Section 903.3.1.3 of Chapter 9 of the California Building Code is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one -and two -family detached dwellings shall be installed th roughout in accordance with NFPA 13D and State and local standards. Fire sprinkler protection is required under rear covered patios extending 4 feet perpendicular from the exterior of the structure.
16.04.300 Section 903.3.1.3.1 Increase in fire sprinkler design criteria.
Section 903.3.1.3.1 of Chapter 9 of the California Building Code is added to read:
903.3.1.3.2 Increase in fire sprinkler design criteria . Structures determined by the fire code official to have higher firefighting hazardous co nditions or located in the Wildland- Urban Interface Fire Area shall have an increase in fire sprinkler design criteria as determined by the fire code official.
16.04.310 Section 903.4.3 Floor control valves.
Section 903.4.3 of Chapter 9 of the California Building Code is amended to read:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings two (2) or more stories in height shall have valves installed so as to control the system independently on each floor including basements.
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16.04.320 Section 905.3.1 Height.
Section 905.3.1 of the California Building Code is amended to read:
905.3.1 Height. A Class I standpipe system shall be installed in buildings where the roof edge/parapet is greater than 2 7 feet above the lowest level of fire apparatus access roadway and in below grade levels.
16.04.330 Section 907.2.11.10 Replacement.
Section 907.2.11.10 of Chapter 9 of the California Building Code is added to read:
907.2.11.10 Replacement. Single and multi-station smoke alarms and carbon monoxide detectors shall be replaced 10 years after date of installation.
16.04.340 Section 909.20.7 added - Smoke control systems - schedule.
Section 909.20.7 is added to the California Building Code to read as follows:
909.20.7 Smoke control systems - schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A writ ten schedule for routine maintenance and operational testing shall be established and both shall occur at least annually.
16.04.350 Section 1008.3.3 Rooms and spaces.
Section 1008.3.3 of Chapter 10 of the California Building Code is amended to read:
1008.3.3 Rooms and spaces. In the event of power supply failure, an emergency electrical system shall automatically illuminate all of the following areas:
1. Electrical equipment rooms.
2. Fire command centers.
3. Fire pump rooms.
4. Generator rooms.
5. Public restrooms.
16.04.360 Section 1031.2 Where required.
Section 1031.2 of Chapter 10 of the California Building Code is amended to read:
1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies.
Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emerg ency escape and rescue opening in accordance with this section.
Where basements contain one or more sleeping rooms , an emergency escape and
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rescue opening shall be required in each sleeping room but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.
Exceptions:
1. In Group R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved auto matic sprinkler system in accordance with Section 903.3.1.1.
2. Group R -2.1 occupancies meeting the requirements for delayed egress in accordance with Section 1010.2.13 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4 - inch open position.
3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that opens to a public way.
4. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m 2)
16.04.370 Reserved.
16.04.380 Section 1205.3.4 Roof guards at courts
Section 1205.3.4 of Chapter 12 of the California Building Code is added to read:
1205.3.4 Roof guards at courts. Roof openings into courts where not bounded on all sides by walls shall be protected with guardrails. The top of the guards shall not be less than 42 inches in height. Required guards shall not have openings that allow passage of a sphere twelve inches (12) in diameter from the walking surface to the required guard height.
Exception: Where the roof opening is greater than 600 square feet in area.
16.04.390 Section 1208.5 Dwelling unit and congregate residence superficial floor area.
Section 1208.5 of Chapter 12 of the California Building Code is added to read:
1208.5 Dwelling unit and congregate residence s uperficial floor area. Every dwelling unit and congregate residence shall have at least one room which shall have not less than 120 square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than 144 square feet of superficial floor area. Every room used for sleeping purposes shall have not less than 70 square feet of superficial floor area. When more than two persons occupy a room used for sleeping purposes the requir ed superficial floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. Guest rooms with cooking
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shall contain the combined required superficial areas of a sleeping and a kitchen, but not less than 144 square feet. Other habitable rooms shall be not less than 70 square feet.
Notwithstanding any provision of this Section, children under the age of six shall not be counted for purposes of determining whether a family with minor children complies with the provisions of this Code.
For the purposes of this section, "superficial floor area" means the net floor area within the enclosing walls of the room in which the ceiling height is not less than seven feet six inches, excluding built-in equipment such as wardrobes, cabinets, kitchen units, or fixtures which are not readily removable.
16.04.400 Section 1503.2.1 Locations.
Section 1503.2.1 of Chapter 15 of the California Building Code is amended to read:
1503.2.1 Locations. Flashing shall be installed at wall and roof intersections, gutters, wherever there is a change in roof slope or direction, and around roof openings. Where flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.04.410 Section 1612.1.1 Palo Alto Flood Hazard Regulations.
Section 1612.1.1 of Chapter 16 of the California Building Code is added to read:
1612.1.1 Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of Section 1612.1, all construction or development within a flood hazard area (areas depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published by the Federal Emergency Management Agency) shall comply with the City of Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where discrepancies exist between the requirements of this code and said regulations, the more stringent requirements shall apply.
16.04.420 Section 1613.5 Suspended ceilings.
Section 1613.5 of Chapter 16 of the California Building Code is added to read:
1613.5 Suspended ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Sec tion 2506.2.1 of this Code and this section.
1613.5.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.
1613.5.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet
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(1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.
1613.5.3 Sprinkler heads. All sprinkler heads (drops) except fire -resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves, or adaptors through the ceiling tile.
Sprinkler heads and other penetrations shall have a 2 -inch (50mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for fr ee movement of at least 1 inch (25mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.
Sprinkler heads penetrating fire -resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code.
1613.5.4 Special requirements for means of egress. Suspended ceiling assemblies located along means of egress serving an o ccupant load of 30 or more and at lobbies accessory to Group A Occupancies shall comply with the following provisions.
1613.5.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies. Spacing of vertical h angers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.
1613.5.4.2 Assembly device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold- down clips minimum for each tile within a 4 -foot (1219 mm) radius of the exit lights and exit signs.
1613.5.4.3 Emergency systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power s upply for exit illumination shall comply with the requirements of Section 1008.3 of this Code.
1613.5.4.4 Supports for appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.
16.04.430 Section 1613.5 ASCE 7, Section 13.1.4 Seismic design requirements for nonstructural components.
Section 1613.5 of Chapter 16 of the California Building Code is added to include the following:
1613.5 ASCE 7, Section 13.1.4 Seismic design requirements for nonstructural components.
Nonstructural elements must be seismically designed per ASCE 7, Section 13.1.4.
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Exemptions. The following nonstructural components are exempted:
1. Furniture (except storage cabinets as noted in Table 13.5-1).
2. Temporary or movable equipment
3. Architectural components in Seismic Design Category B other than parapets supported by bearing walls or shear walls provided that the component importance factor, Ip, is equal to 1.0.
4. Mechanical and electrical components in Seismic Design Category B.
5. Mechanical and electrical components in Seismic Design Category C provided that the component importance factor, Ip, is equal to 1.0.
6. Mechanical and electrical components in Seismic Design Categories D, E, or F where all of the following apply:
a. The component importance factor, Ip, is equal to 1.0; b. The component is positively attached to the structures; c. Flexible connections are provided at seismic separation joints and between the component and associated ductwork, piping, and conduit; and either:
i. The component weighs 400 lb . (1,780 N) or less and has a center of mass located 4 ft (1.22 m) or less above the adjacent floor level; or ii. The component weights 20 lb. (89 N) or less or, in the case of a distributed system, 5 lb./ft. (73 N/m) or less; or
iii. The component weights 200 lb. (890N) or less and is suspended from roof/floor or mounted on wall.
16.04.440 Section 1705.3 Concrete construction.
Section 1705.3 of Chapter 17 of the California Building Code is amended to read:
1705.3 Concrete construction. The special inspections and tests of concrete construction shall be as required by this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
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2.3. The structural design of the footing is based on a specified compressive strength, f ′c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including pre- stressed slabs on grade, where the effective pre -stress in the concrete is less than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
16.04.450 Section 1803.2 Investigations required.
Section 1803.2 of Chapter 18 of the California Building Code is amended as to read:
1803.2 Investigations required. Geotechnical investigations shall be conducted in accordance with Sections 1803.3 through 1803.5
Exceptions:
1. The building official or designee shall be permitted t o waive the requirement for a geotechnical investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions i n Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and 1803.5.11.
2. Light-frame construction building utilizing the prescriptive continuous footings per Table 1809.7 amended in section 16.04.300. For addition, the engineer of record shall certify in writing that the existing foundation system matches the proposed foundation system.
3. Accessories and minor additions may be exempted by the Building Official or designee.
16.04.460 Section 1803.5.11 Seismic design categories C through F.
Section 1803.5.11 of Chapter 18 of the California Building Code is amended to read:
Section 1803.5.11 Seismic design categories C through F . For structures assigned to Seismic Design Category C, D, E or F, a geotechnical investigation shall be conducted, and shall include an evaluation of all of the following potential geologic and seismic hazards:
1. Slope instability.
2. Liquefaction.
3. Total and differential settlement.
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4. Surface displacement due to faulting or seismically induced lateral spreading or lateral flow.
Exception: Refer to section 1803.2 exception.
16.04.470 Section
1809.7 Prescriptive footings for light -frame construction.
Section 1809.7 of Chapter 18 of the California Building Code is amended to read:
1809.7 Prescriptive footings for light -frame construction. Where a specific design is not provided, concrete or masonry -unit footings supporting walls of light- frame construction shall be permitted to be designed in accordance with Table 1809.7.
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of Floors
Supported by the
Footing e
Thickness of
Foundation Wall
(inches)
Width of Footing
(inches)
Thickness of
Footing
(inches)
Depth of Foundation
Below Natural
Surface of Ground
or Finish
Grade (inches)
1 & 2 8 15 8 20
3 8 18 8 30
Group U Occupancies 8 12 8 12
ADU Conversionsf 8 12 8 12
a. Ground under the floor shall be permitted to be excavated to elevation of footing. b. Interior stud-bearing walls shall be permitted to be supported by isolated footings.
Footing width and length shall be twice the width shown in this table, and footings shall be spaced not more than 6 feet on center.
c. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
d. All foundations as required in the above Table shall be continuous and have a minimum of three #4 bars of reinforcing steel, except for one story, detached accessory buildings of Group U occupancy where two bars are required.
e. Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor. f. If existing detached ac cessory building is being converted to an Accessory Dwelling Unit (ADU) and the existing foundation is being utilized, then a designer, architect or engineer shall provide a letter that the existing foundation complies with the conditions above and is deemed structurally sound.
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16.04.480 Section 1809.8 Plain concrete footings.
Section 1809.8 of Chapter 18 of the California Building Code is deleted.
16.04.490 Section 1901.2 Plain and reinforced concrete.
Section 1901.2 of Chapter 19 of the California Building Code is amended to read :
1901.2 Plain and reinforced concrete. Structural concrete shall be designed and constructed in accordance with the requirements of this chapter and ACI 318 as amended in section 1905 of this code and PA MC 16.14.240. Except for the provisions of Sections 1904 and 1907, the design and construction of slabs on grade shall not be governed by this chapter unless they transmit vertical loads or lateral forces from other parts of the structure to the soil.
16.04.500 Section 1905.1.7 ACI 318, Section 14.1.4.
Section 1905.1.7 of Chapter 19 of the California Building Code is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. (c) Plain concrete footings supporting walls are permitted, provided the footings have at least three continuous longitudinal reinforcing bars not smaller than No. 4, with a total area of not less than 0.002 times the gross cross -sectional area of the footing except for one story, detached accessory buildings of Group U occupancy where two bars are required. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
16.04.510 SECTION 1906 FOOTINGS FOR LIGHT-FRAME CONSTRUCTION Section 1906 of Chapter 19 of the California Building Code is deleted.
16.04.520 Section 1906.1 Plain concrete footings.
Section 1906.1 of Chapter 19 of the California Building Code is deleted.
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16.04.530 Section 1907.1 General.
Section 1907.1 of Chapter 19 of the California Building Code is amended to read:
1907.1 General. The thickness of concrete floor slabs supported directly on the ground shall be not less than 3 ½ inches (89mm). A 6 -mil (0.006 inches; 0.15mm) polyethylene vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the ba se course or subgrade and the concrete floor slab, or other approved equivalent methods or materials shall be used to retard vapor transmission through the floor slab. Slabs shall have 6x6-10/10 wire mesh or equate a mid-height.
Exceptions: A vapor retarder is not required:
1. For detached [. . .]
16.04.540 Section 2305.4 Hold-down connections.
Section 2305.4 of Chapter 23 of the California Building Code is added to read:
2305.4 Hold -down connectors. In Seismic Design Category D, E or F, hold -down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size.
Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.
16.04.550 Section 2307.2 Wood-framed shear walls.
Section 2307.2 of Chapter 23 of the California Building Code is added to read:
Section 2307.2 Wood- frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.
16.04.560 Section 2308.6.4 Braced wall panel construction.
Section 2308.6.4 of Chapter 23 of the California Building Code is amended to read:
2308.6.4 Braced w all panel construction. For Methods DWB, WSP, SFB, PBS, PCP and HPS, each panel must be not less than 48 inches (1219 mm) in length, covering three stud spaces where studs are spaced 16 inches (406 mm) on center and covering two stud spaces where studs are spaces 24 inches (610 mm) on center. Braced wall panels less than 48 inches (1219 mm) in length shall not contribute toward the amount of required bracing. Braced wall panels that are longer than the required length shall be credited for their actual length.
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Vertical joints of panel sheathing shall occur over studs and adjacent panel joints shall be nailed to common framing members. Horizontal joints shall occur over block ing or other framing equal in size to the studding except were waived by the installation requirements for the specific sheathing materials. Sole plates shall be nailed to the floor framing in accordance with Section 2308.7 and top plates shall be connecte d to the framing above in accordance with Section 2308.6.7.2. Where joists are perpendicular to braced wall lines above, blocking shall be provided under and in line with the braced wall panels.
16.04.570 Section 2308.6.5 Alternative bracing.
Section 2308.6.5 of Chapter 23 of the California Building Code is amended to read:
2308.6.5 Alternative bracing. An alternate braced wall (ABW) or a portal frame with hold-downs (PFH) described in this section is permitted to substitute for a 48 -inch (1219 mm) braced wall panel of Method DWB, WSP, SFB, PCP or HPS.
16.04.580 TABLE 2308.6.1 WALL BRACING REQUIREMENTS.
Footnote “b” of TABLE 2308.6.1 of Chapter 23 of the California Building Code is amended to read:
b. See section 2306.3 for full description of bracing methods. Method GB is prohibited in Seismic Design Categories D & E.
16.04.590 TABLE 2308.6.3(1) BRACING METHODS.
TABLE 2308.6.3(1) Bracing Methods of Chapter 23 of the California Building Code is amended by adding footnote “b” and footnote “b” superscript to METHODS, MATERIAL column title as follows:
TABLE 2308.6.3(1) BRACING METHODS
METHODS,
MATERIAL
b
MINIMUM
THICKNESS FIGURE CONNECTION CRITERIA
a
Fasteners Spacing
b. Method GB is prohibited in Seismic Design Categories D & E.
16.04.600 Section 2308.6.9 Attachment of sheathing.
Section 2308.6.9 of Chapter 23 of the California Building Code is amended to read:
2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6. 1 or 2304.10. 2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E, or F unless the allowable shear values are substantiated by cyclic testing and approved by the Building Official or designee.
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All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches on center with four 8d nails per leg (total eight -8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 -inch intervals along the top plate of discontinuous vertical framing.
16.04.610 SECTION 2505 SHEAR WALL CONSTRUCTION.
Section 2505 Chapter 25 of the California Building Code is deleted in its entirety including its subsections.
16.04.620 Section 2508.6 Horizontal gypsum board or gypsum panel product diaphrag m ceilings.
Section 2508.6 of the California Building Code is deleted in its entirety including its subsections.
16.04.630 Chapter 31B Public Pools.
Chapter 31B of the California Building Code has been adopted in its entirety.
16.04.640 Section 3304.1 Excavation and fill.
Section 3304.1 of Chapter 33 of the California Building Code is amended to read:
3304.1 Excavation and fill. Excavation and fill for buildings and structures shall be constructed or protected so as not to endanger life or property. Stumps and roots shall be removed from the soil to a depth of not less than 12 inches (305mm) below the surface of the ground in the area to be occupied by the building. Wood forms that have been used in placing concrete, if within the ground or between foundation sills and the ground, shall be removed before a building is occupied or used for any purpose. Wooden stakes shall not be embedded in concrete. Before completion, loose or casual wood shall be removed from direct contact with the ground under the building.
SECTION 2. Chapter 16.19, California Historical Building Code and Existing Building Code, of Title 16 (Building Regulations) of the Palo Alto Municipal Code is added to read as follows:
16.19 California Historical Building Code and Existing Building Code
16.19.010 2022 California Historical Building Code, Title 24, Part 8 Adopted.
The California Historical Building Code, 2022 Edition, Title 24, Part 8 (authorized by Health and Safety Code Sections 18950 through 18961), which provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of designated historic build ings, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
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One copy of the California Historical Building Code, 2022 Edition, has been filed for use and examination of the public in the Office of the Chief Building Official of the City of Palo Alto.
16.19.020 2022 California Existing Building Code, Title 24, Part 10 Adopted and Amended.
The California Existing Building Code, 2022 Edition, Title 24, Part 10 of the Californi a Code of Regulations, which provides alternative building regulations for the rehabilitation, preservation restoration or relocation of existing buildings, together with those omissions, amendments, exceptions, and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
16.19.030 Cross - References to California Existing Building Code.
The provisions of this Chapter contain cross -references to the provisions of the California Existing Building Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.19.040 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Existing Building Code, 2022 Edition, and shall be deemed to replace the cross- referenced sections of said Code with the respective provisions set forth in this Chapter.
16.19.050 101.6 Appendices.
Section 101.6 of Chapter 1 of the California Existing Building Code is amended to read:
2022 California Existing Building Code and International Existing Building Code Appendix Chapters Adopted.
The following Appendix Chapters of the California Existing Building Code (CEBC), 2022 Edition, and International Existing Building Code (IEBC), 2021 Edition, are adopted and hereby incorporated in this Chapter be reference and made a part hereof the same as if fully set forth herein:
A. CEBC Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings
B. CEBC Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms
C. CEBC Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings D. CEBC Appendix A4 – Earthquake Risk Reduction in Wood-Frame Residential Buildings with Soft, Weak or Open Front Walls
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E. CEBC Appendix A5 – Referenced Standards
16.19.060 Administration & Enforcement of 2022 California Existing Building Code
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.19.070 Adoption of 2022 California Existing Building Code Chapter 1, Division II – Scope and Administration
Chapter 1, Division II, Parts 1 and 2 of the 2022 California Existing Building Code is adopted by the City of Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II of the 2022 California Building Code, as amended.
16.19.080 Section 101.1 Title.
Section 101.1 of Chapter 1 of the California Existing Building Code is amended to read:
101.1 Title. These regulations shall be known as the Existing Building Code of City of Palo Alto, hereinafter referred to as “this code.”
16.19.090 Section 324 Dwelling unit and congregate residence superficial floor area.
Section 324 of Chapter 3 of the California Existing Building Code is added to read:
324 Dwelling unit and congregate residence superficial floor area. Every dwelling unit and congregate residence shall have at least one room which shall have not less than 120 square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than 144 square feet of superficial floor area.
Every room used for sleeping purposes shall have not less than 70 square feet of superficial floor area. When more than two persons occupy a room used for sleeping purposes the required superficial floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. Guest rooms with cooking shall contain the combined required superficial areas of a sleeping and a kitchen, but not less than 144 square feet. Other habitable rooms shall be not less than 70 square feet.
Notwithstanding any provision of this Section, children under the age of six shall not be counted for purposes of determining whether a family with minor children complies with the provisions of this Code.
16.19.100 Section 503.19 Suspended ceiling systems.
Section 503.19 of Chapter 5 the California Existing Building Code is added to read:
503.19 Suspended ceiling systems. In existing buildings or structures, when a permit is issued for alterations or repairs, the existing suspended ceiling system within the area of
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the alterations or repairs shall comply with ASCE 7-16 Section 13.5.6.
16.19.110 Section 503.20 Mechanical and electrical equipment in seismic design categories D, E or F.
Section 503.20 of Chapter 5 of the California Existing Building Code is added to read:
503.20 Mechanical and electrical equipment in seismic design categories D, E or F. In existing buildings or structures, when a permit is issued for alteration or repairs, the existing mechanical and electrical equipment on the area of the roof shall comply with ASCE 7-16 Section 13.4 Nonstructural Component Anchorage.
16.19.120 Section 405.2.3.1 Seismic evaluation and design procedures for repairs.
Section 405.2.3.1 of Chapter 5 of the California Existing Building Code is amended to read:
405.2.3.1 Evaluation and design procedures. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre-damage state, would comply with the provisions of the California Building Code for load combinations that include wind or earthquake effects, except that the seismic forces shall be reduced seismic forces. Evaluation for earthquake loads shall be required if the substantial structural damage was caused by or related to earthquake effects or if the building is in Seismic Design Category C, D, E or F. The seismic evaluation and de sign shall be based on the procedures specified in the building code, ASCE 41 Seismic Evaluation and Upgrade of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code (IEBC) shall be permitted to be used as specified in Section 405.2.3.1.
Wind loads for this evaluation shall be those prescribed in Section 1609.
405.2.3.1.1 CEBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following:
1. One hundred percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "intermediate" or "special".
2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding pe rformance levels shall be those shown in Table 405.2.3.1.
3. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 405.2.3.1.
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TABLE 405.2.3.1
ASCE 41 PERFORMANCE LEVELS
RISK CATEGORY (BASED
ON CBC TABLE 1604.5)
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-1 EARTHQUAKE HAZARD
LEVEL
PERFORMANCE LEVEL FOR USE
WITH ASCE 41 BSE -2
EARTHQUAKE HAZARD LEVEL *
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Damage Control Limited Safety
IV Immediate Occupancy (IO) Life Safety (LS)
* Only applicable when Tier 3 procedure is used.
405.2.3.1.2 Reduced CEBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following:
1. Seventy-five percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 405.2.3.1.1.
2. In accordance with the California Existing Building Code and applicable chapters in Appendix A of the International Existing Building Code, as specified in Items (a.) through (e.) below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels.
a. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Risk
Category I or II are permitted to be based on the
procedures specified in CEBC Appendix Chapter A1.
b. Seismic evaluation and design of the wall anchorage system in reinf orced concrete and reinforced masonry wall buildings with flexible diaphragms in Risk Category I or II are permitted to be based on the procedures specified in IEBC Appendix Chapter A2.
c. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light -frame wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix Chapter A3
d. Seismic evaluation and design of soft, weak, or open-front wall conditions in multi-unit residential buildings of wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix Chapter A4.
e. Seismic evaluation and design of co ncrete buildings and concrete with
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masonry infill buildings in all risk categories are permitted to be based on the procedures specified in IEBC Appendix Chapter A5.
Those associated with the BSE -1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 405.2.3.1. Where ASCE 41 is used, the design spectral response acceleration parameters SXS and SX1 shall not be taken less than seventy -five percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the California Building Code and its reference standards.
SECTION 3. The Council adopts the findings for local amendments to the California Building Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 4 . The Council adopts the findings for local amendments to the California Existing Building Code, 2022 Edition, attached hereto as Exhibit “B” and incorporated herein by reference.
SECTION 5. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
//
//
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//
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//
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SECTION 6. This Ordinance shall be effective on the thirty -first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODE, TITLE 24, PART 2, VOLUMES 1 AND 2
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970 and have been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not require findings.
Code: California Building Code, Title 24, Part 2, Volumes 1 and 2 Chapter(s),
Section(s),
Table(s),
Appendices
Title Added Amended Deleted Justification
(See below
for keys)
Ch. 1, Div. II SCOPE OF ADMINISTRATION A
Part 1 Scope of Application A
Part 2 Administration and Enforcement A
101.1 Title A
101.2.1 Appendices A
101.4 Referenced codes A
101.4.8 Historical Buildings A
101.4.9 Electrical A
101.4.10 Residential Buildings A
101.4.11 Green Building Standards A
101.4.12 International Swimming and Spa Code A
103.1 Creation of enforcement agency A
103.2 Appointment A
103.3 Deputies A
104.2.1 Determination of substantially improved
or substantially damaged existing buildings
and structures in flood hazard zones
C, T
104.10.1 Flood hazard area C, G, T
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105.2 Work exempt from work A
105.3.2 Time limitation of applications A
105.5 Expiration A
105.5.1 Term limits for permits A
106.1 Live load posted G , T
109.6 Refunds A
109.7 Re-Inspection fees A
110.2.1 Preliminary accessibility compliance
inspection
A
110.3.3 Lowest floor elevation A
111.1 Use and occupancy A
111.1.1 Change of occupancy or tenancy A
111.3 Temporary occupancy A
111.5 Posting A
113.1 Means of Appeals A
114.1 Unlawful acts A
114.2 Criminal enforcement authority A
115.1 Authority A
115.2 Issuance A
115.3 Unlawful continuance A
115.4 Removal of posted stop work order A
115.5 Response required A
115.6 Permit application required A
115.7 Stop work order penalty A
502.1 Address identification T
502.1.1 Address illumination T
502.1.2 Address identification size T
702A WILDLAND-URBAN INTERFACE FIRE AREA -
Definitions
C, T
903.2 Automatic sprinkler system, where
required
903.3.1.1 NFPA 13 sprinkler systems G, T
903.3.1.2 NFPA 13R sprinkler systems G, T
903.3.1.3 NFPA 13D sprinkler systems G, T
903.3.1.3.1 Increase in fire sprinkler design criteria G, T 903.4.3 Floor control valves G, T
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905.3.1 Height G, T
907.2.11.10 Replacement G, T
909.20.7 Smoke control systems G,T
1031.2 Where required G, T
1008.3.3 Rooms and spaces G, T
1205.3.4 Roof guards at courts G
1208.5 Dwelling unit and congregate residence
superficial floor area
A, G
1503.2.1 Locations C
1612.1.1 Palo Alto Flood Hazard Regulations C, T
1613.5 Suspended ceilings G
1613.5.1 Scope G
1613.5.2 General G
1613.5.3 Sprinkler heads G
1613.5.4 Special requirements for means of egress G 1613.5.4.1 General G
1613.5.4.2 Assembly device G
1613.5.4.3 Emergency systems G
1613.5.4.4 Supports for appendage G
1613.5 ASCE 7, Section 13.1.4 Seismic design
requirements for nonstructural
components
G
1705.3 Concrete construction G
1803.2 Investigations required G
1803.5.11 Seismic design categories C through F G, T 1809.7 Prescriptive footings for light-frame
construction
G, T
Tbl. 1809.7 Prescriptive footings for light-frame
construction
G, T
1809.8 Plain concrete footings G, T
1901.2 Plain and reinforced concrete G, T
1905.1.7 ACI 318, Section 14.1.4 G, T
1906 FOOTINGS FOR LIGHT-FRAME
CONSTRUCTION
G, T
1906.1 Plain concrete footings G, T
1907.1 General G, T
2305.4 Hold-down connections G, T
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2307.2 Wood-framed shear walls G, T
2308.6.4 Braced wall panel construction G, T
2308.6.5 Alternative bracing G, T
Tbl.
2308.6.1
Wall Bracing Requirements.
Footnote “b”
G, T
Tbl.
2308.6.3(1)
Bracing Methods
Footnote “b”
G, T
2308.6.9 Attachment of sheathing G, T
2505 SHEAR WALL CONSTRUCTION G, T
2508.6 Horizontal gypsum board or gypsum panel
product diaphragm ceilings
G, T
Ch. 31B Public Pools G, T
3304.1 Excavation and fill G, T
Appx. I Patio Covers A, G
Appx. J Grading (Section J109.4 Drainage across
property lines)
G, T
Appx. P Emergency Housing A, C, G, T
//
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Exhibit B
FINDINGS FOR LOCAL AMENDMENTS TO CALIORNIA EXISTING BUILDING CODE, Title 24, Part 10
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, whi ch were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to Nove mber 23, 1970 and have been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not require findings.
Code: California Existing Building Code, Title, 24, Part 10 Chapter(s),
Section(s),
Table(s),
Appendices
Title Added Amended Replaced Justification
(See below for keys)
101.6 Appendices A
Ch. 1, Div. II Scope and Administration A
101.1 Title A
324 Dwelling unit and congregate
residence superficial floor area.
A, G
503.19 Suspended ceiling system G
503.20 Mechanical and electrical
equipment in seismic design
categories D, E or F
G
405.2.3.1 405.2.3.1 Seismic evaluation and
design procedures for repairs
G
405.2.3.1.1 CEBC level seismic forces G
Tbl.
405.2.3.1
ASCE 41 PERFORMANCE LEVELS G
405.2.3.1.2 Reduced CEBC level seismic forces G
Appx. A1 Seismic Strengthening Provisions
for Unreinforced Masonry Bearing
Wall Buildings
G, T
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Appx. A2 Earthquake Hazard Reduction in
Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings
with Flexible Diaphragms
G, T
Appx. A3 Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and
Sill Plate Anchorage of Light, Wood-
Frame Residential Buildings
G, T
Appx. A4 Earthquake Risk Reduction in Wood-
Frame Residential Buildings with
Soft, Weak or Open Front Walls
G, T
Appx. A5 Referenced Standards G, T
//
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on a local climatic condition. The seasonal climatic conditions during the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The aforementioned conditions combined with the geological characteristics of the hills within the City create hazardous conditions for which departure from California Building Standards Code is required.
G This amendment is justified based on a local geological condition. The City of Palo Alto is
subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and change s cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.
T The City of Palo Alto topography
includes hillsides with narrow and winding access,
which makes timely response by fire suppression and emergency response vehicles difficult.
Palo Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and wastewater run -off. Also, the City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The afore mentioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted.
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.05 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.05, California Mechanical Code, 2022 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.05 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety 16.05 and adopting a new Chapter 16.05 to read as follows:
Chapter 16.05 CALIFORNIA MECHANICAL CODE, TITLE 24, PART 4
16.05.010 2022 California Mechanical Code, Title 24, Part 4 adopted.
The California Mechanical Code, 2022 Edition, Title 24, Part 4 of the California Code of Regulations together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of the former editions of the California Code of Regulations, Title 24 shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5478 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases "California Mechanical Code" or "Mechanical Code" are used in this code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to the California Mechanical Code, 2022 Edition, Title 24, Part 4 of the California Code of Regulations, as adopted by this Chapter.
One copy of the California Mechanical Code, 2022 edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.05.020 Cross - References to California Mechanical Code.
The provisions of this Chapter contain cross -references to the provisions of the California Mechanical Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.05.030 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Mechanical Code, 2022 Edition, and shall be deemed to replace the cross-
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referenced sections of said Code with the respective provisions set forth in this Chapter.
16.05.040 Administration & Enforcement of 2022 California Green Building Code Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.05.045 Adoption of Chapter 1, Division II Administration Chapter 1, Division II Administration of the 2022 California Mechanical Code is adopted by the City of Palo Alto to supplement , to the extent it does not conflict with, Chapter 1, Division II of the 2022 California Building Code, as amended.
16.05.050 Section 102.8 Appendices.
The following Appendix Chapters of the California Mechanical Code, 2022 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein:
A. Appendix B – Procedures to be followed to place gas equipment in operation
B. Appendix C – Installation and testing of oil (liquid) fuel-fired equipment C. Appendix G – Sizing of venting systems and outdoor combustion and ventilation opening design
16.05.060 Section 104.2 Exempt from this code.
Subdivision (6) of Section 104.2 of Chapter 1 of the California Mechanical Code is added to read:
(6) ADDITIONAL EXCEPTIONS: Reference Mechanical Section under PAMC 16.04. 110 Section 105.2 Work exempt from permit.
16.05.070 Section 510.7 Interior installations.
Section 510.7 of Chapter 5 of the California Mechanical Code is amended to read:
Section 510.7 Interior installations. In all buildings, the ducts shall be enclosed in a
continuous enclosure exte nding from the lowest fire -rated ceiling or floor above the hood, through any concealed spaces, to or through the roof so as to maintain the integrity of the fire separations required by the applicable building code provisions.
The enclosure shall be seale d around the duct at the point of penetration of the lowest fire -rated ceiling or floor above the hood in order to maintain the fire resistance rating of the enclosure and shall be vented to the exterior of the building through weather-protected openings. [NFPA 96:7.7.1.2 – 7.7.1.4]
SECTION 2. The Council adopts the findings for local amendments to the California Mechanical Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
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SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA MECHANICAL CODE, TITLE 24, PART 4
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970 and have been carried through from year to year without significant change, need no required findings. Also, amendments to provisions not regulating buildings used for human habitation do not require findings.
Code: California Mechanical Code, Title, 24, Part 4
Chapter(s),
Sections(s),
Appendices
Title Added Amended Replaced Justification
(See below
for keys)
Ch. 1, Div. II ADMINSTRATION A
102.8 Appendices A
Administration and Enforcement A
104.2 Exempt from this code A
510.7 Interior installations G
Appx. B Procedures to be followed to place gas
equipment in operation
A
Appx. C Installation and testing of oil (liquid) fuel-
fired equipment
A
Appx. G Sizing of venting system and outdoor
combustion and ventilation opening
design
A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on a local climatic condition. The seasonal climatic conditions during the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The aforementioned conditions combined with the geologi cal characteristics of the hills within the City create hazardous conditions for which departure from California Building Standards Code is required.
G This amendment is justified based on a local geological condition. The City of Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which makes timely response by fire suppression and emergency response vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and wastewater run-off. Also, the City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted.
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.06 of the Palo Alto Municipal Code and Adopting a New Chapter 16.06, California Residential Code, 2022 Edition, and Local Amendments and Related Findings, and Amending Section Chapter 16.52, Flood Hazard Regulations, to Make Conforming Changes
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1 . Chapter 16.06 of Palo Alto Municipal Code is hereby amended by repealing t he Chapter in its entirety and adopting a new Chapter 16.06 to read as follows:
CHAPTER 16.06
2022 California Residential Code, Cal. Code of Regs. Title 24, Part 2.5
Sections
16.06.010 2022 California Residential Code adopted
16.06.015 Local Amendments
16.06.020 2022 California Residential Code Appendix Chapters adopted
16.06.030 Cross - References to California Residential Code
16.06.040 Administration of California Residential Code
16.06.050 Section R202 amended – Definitions added
16.06.060 Table 301.2 Climatic and Geographic Design Criteria:
16.06.070 Section R301.2.2.6 Irregular buildings.
16.06.075 Section R304.4 Dwelling unit and congregate residence superficial floor area
16.06.080 Section R310 Emergency escape and rescue openings
16.06.090 Section R310.4.2.3 Window well fall protection:
16.06.100 Section R310.4.1 Security bars
16.06.110 Section R313.1.1 Design and installation
16.06.120 Section R313.2 One- and two-family dwellings automatic fire sprinkler systems
16.04.130 Section R313.2.1 – Design and installation.
16.04.140 Section R313.2.2 NFPA 13D sprinkler systems increase in design requirements.
16.04.150 Section R313.3 - Dwelling unit fire sprinkler systems
16.06.160 Section R314.1– Smoke detection and notification
16.06.170 Section R314.1.1– Smoke alarms or detector end of life replacement
16.06.180 Section R315.7.5. Carbon Monoxide alarms
16.06.190 Section R319.1 Address numbers.
16.06.200 Section R322.1 – General (Palo Alto Flood Hazard Regulations).
16.06.210 Section R337.1.5 Vegetation management compliance
16.06.220 Section R401 GENERAL
16.06.225 Section R402.2.1 Materials for concrete
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16.06.230 Section R403 FOUNDATION.
16.06.240 Section R404.1.3 Concrete foundation walls.
16.06.245 Section R504.3.1 Projections exposed to weather
16.06.246 Section R506.1 General
16.06.247 Section R602.10.4.5 Limits on methods GB and PCP
16.06.250 Table R602.10.3(3) – Bracing requirements based on seismic design category
16.06.253 Section R608.5 Materials
16.06.255 Section R703.8.5.1 Locations.
16.06.260 Section R902.1.4 – Roofing requirements in a Wildland-Urban Interface Fire Area
16.06.270 Section R1003.9.2.1 – Repairs, replacements and alterations
16.06.280 Section AJ103 – Preliminary Meeting
16.06.010 2022 California Residential Code adopted.
The California Residential Code, 2022 Edition, Title 24, Part 2.5 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2019, shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5509 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases "California Residential Code" or "Residential Code" are used in this code or any ordinance of the city, such phrases shall be deemed and construed to refer and apply to the California Residential Code, 2022 Edition, Title 24, Part 2.5 of the California Code of Regulations, as adopted by this Chapter.
One copy of the California Residential Code, 2022 Edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.06.015 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Residential Code, 2022 Edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
Where used in this Chapter 16.06, ellipses shall indicate text of the California Residential Code, 2022 Edition, that has been adopted without amendment but is omitted for brevity.
16.06.020 2022 California Residential Code Appendix Chapters adopted.
The following Appendix Chapters of the California Residential Code, 2022 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
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forth herein:
A. Appendix AH – Patio Covers
B. Appendix AJ – Existing Building and Structures
C. Appendix AK – Sound Transmission
D. Appendix AX – Swimming Pool Safety Act
16.06.030 Cross - References to California Residential Code.
The provisions of this Chapter contain cross -references to the provisions of the California Residential Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.06.040 Administration of California Residential Code Chapter 1, Division II of the 2022 California Residential Code is replaced in its entirety by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.06.050 Section R202 amended – Definitions added.
Section R202 of the California Residential Code is amended to include the following definitions:
Superficial Floor Area. "Superficial floor area" is the net floor area within the enclosing walls of the room in which the ceiling height is not less than seven feet six inches, excluding built -in equipment such as wardrobes, cabinets, kitchen units, or fixtures which are not readily removable.
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the State of California as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4202 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Within the city limits of the City of Palo Alto, “Wildland- Urban Fire Interface Area” shall also include all areas west of Interstate 280, and all other areas recommended as a “Very High Fire Hazard Severity Zone” by the Director of the California Department of Forestry.
16.06.060
Table 301.2 Climatic and Geographic Design Criteria
Table 301.2 of the California Residential Code is amended to read:
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM
SNOW LOAD Speed
(mph)
Topographic
effects
DESIGN
CATEGORY
Weathering Frost
line
depth
Termite
0 92 No D0 thru E Negligible 5” Very High
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WINTER
DESIGN
TEMP.
(OF)
ICE BARRIER
UNDERLAYEMENT
REQUIRED
FLOOD
HAZARDS
AIR
FREEZING
INDEX
MEAN
ANNUAL
TEMP.
(OF)
40 No See
Footnotes
p thru r
0 55
p The City of Palo Alto entered National Flood Insurance Program in 1979. q The effective date of the current Flood Insurance Study and Flood Insurance Rate Map is May 18, 2009. r The panel numbers and dates of all currently effective FIRMs and FBFMs: 06085CIND0A, 06085C0010H, 06085C0015H through 06085C0019H, 06085C0030H, 06085C0036H , 06085C0038H , 06085C0180H ,06085C0185H (May 18, 2009 for all)
16.06.070 Section R301.2.2.6 Irregular buildings.
Section R301.2.2.6 of the California Residential Code is amended as follows:
The seismic provisions of this code shall not be used for structures, or portions thereof, located in Seismic Design Categories C, D0, D1 and D2 and considered to be irregular in accordance with this section. A building or portion of a building shall be considered to be irregular where one or more of the conditions defined in Items 1 through 8 occur. Irregular structures, or irregular portions of s tructures, shall be designed in accordance with accepted engineering practice to the extent the irregular features affect the performance of the remaining structural system. Where the forces associated with the irregularity are resisted by a structural sys tem designed in accordance with accepted engineering practice, the remainder of the building shall be permitted to be designed using the provisions of this code.
1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.
2. Lateral Support of roofs and floors. Conditions where a section of floor or roof is not laterally supported by shear walls or braced wall lines on all edges.
Exception: Portions of floors that do not support shear walls, braced wall panels above, or roofs shall be permitted to extend not more than 6 feet (1829 mm) beyond a shear wall or braced wall line.
3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below.
4. Floor and roof opening. Conditions where an opening in a floor or roof exceeds the lesser of 12 feet (3658 mm) or 50 percent of the least floor or roof dimension.
5. Floor level offset. Conditions where portions of a floor level are vertically offset.
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6. Perpendicular shear wall and wall bracing. Conditions where shear walls and braced wall lines do not occur in two perpendicular directions.
7. Wall bracing in stories containing masonry or concrete construction. Conditions where stories above grade plane are partially or completely braced by wood wall framing in accordance with Section R602 or cold -formed steel wall framing in accordance with Section R603 include masonry or concrete construction. Where this irregularity applies, the entire story shall be designed in accordance with accepted engineering practice.
Exceptions: Fireplaces, chimneys and masonry veneer in accordance with this code.
8. Hillside light-frame construction. Conditions in which all of the following apply:
8.1 The grade slope exceeds 1 unit vertical in 5 units horizontal where averaged across the full length of any side of the dwelling.
8.2 The tallest cripple wall clear height exceeds 7 feet (2134 mm), or where a post and beam system occurs at the dwelling perimeter, the post and beam system tallest post clear height exceeds 7 feet (2134 mm).
8.3 Of the total plan area below the lowest framed floor, whether open or enclosed, less than 50 percent is living space having interior wall finishes conforming to Section R702.
Where Item 8 is applicable, design in accord ance with accepted engineering practice shall be provided for the floor immediately above the cripple walls or post and beam system and all structural elements and connections from this diaphragm down to and including connections to the foundation and design of the foundation to transfer lateral loads from the framing above.
Exception: Light-frame construction in which the lowest framed floor is supported directly on concrete or masonry walls over the full length of all sides except the downhill side of the dwelling need not be considered an irregular dwelling under Item 8.
16.06.75 Section R304.4 Dwelling unit and congregate residence superficial floor area Section R304.4 of the California Residential Code is amended to read:
R304.4 Dwelling unit and congregate residence superficial floor area. Every dwelling unit and congregate residence shall have at least one room which shall have not less than 120 square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than 144 square feet of superficial floor area. Every room used for sleeping purposes shall have not less than 70 square feet of superficial floor area. When more than two persons occupy a room used for sleeping purposes the required superficial floor area shall be
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increased at the rate of 50 square feet for each occupant in excess of two. Guest rooms with cooking shall contain the combined required superficial areas of a sleeping and a kitchen, but not less than 144 square feet. Other habitable rooms shall be not less than 70 square feet.
Notwithstanding any provision of this Section, children under the age of six shall not be counted for purposes of determining whether a family with minor children complies with the provisions of this Code.
16.06.080
Section R310 Emergency escape and rescue openings
Section R310 of the California Residential Code is amended to read:
R310.1 Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.
Exceptions:
1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2)
16.06.090 Section R310.4.2.3 Window well fall protection Section R310.4.2.3 of the California Residential Code is added to read:
R310.4.2.3 Window well fall protection. Window wells with a vertical depth greater than 30 inches shall have guards on all sides. The guards shall be provided in accordance with Section R312.1. Openings shall comply with Section R312.1.3. Access ladder shall comply with Section R310.4.2.1 and shall extend from the bottom of the well to the top of the guard. Grates or similar barriers shall not be installed over the window well.
16.06.100
Section R310.4.1 Security bars
Section R310.4.1 of the California Residential Code is added to read:
R310.4.1 Security bars. Fire Department plan check review and approval of all security bar submittals shall be required prior to the issuance of a Building Permit.
16.06.110 Section R313.1.1 Design and installation.
Section 313.1.1 of the California Residential Code is amended to read:
R313.1.1 Design and installation. Where allowed, automatic sprinkler systems installed in townhouses shall be installed throughout in accordance with NFPA 13 and State and
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local standards.
16.06.120 Section R313.2 One- and two-family dwellings automatic fire sprinkler systems.
Section R313.2 of the California Residential Code is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section.
Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.18 of th e California Building Code and as follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new buildings and structures.
Exception: New residential occupancies, buildings or structures that do not exceed 3 50 square feet of building area and contain no interior plumbing fixtures.
2. An automatic sprinkler system shall be provided throughout all existing buildings when modifications are made that create an increase in fire area to more than 3600 square feet or when the addition is equal or greater than 50% of the existing building square footage whichever is more restrictive.
3. An automatic sprinkler system shall be provided throughout all new or altered basements used for storage/utility/occupancy or habitable space regardless of size and throughout existing basements that are expanded by more than 50%.
If the addition or alteration is only the basement, then only the basement is required to be fire sprinkler protected
4. An automatic sprinkler system shall be installed throughout when either the roof structure and/or exterior wall structure have been removed, altered and/or replaced by at least 50% of the existing structure.
5. An automatic sprinkler system shall be installed throughout when any change in use or occupancy creating a more hazardous fire/life safety condition, as determined by the Fire Chief.
16.04.130 Section R313.2.1 – Design and installation.
Section R313.2.1 of the California Residential Code is amended to read as follows:
R313.2.1 Design and installation. R313.2.1 Design and installation. Where allowed, automatic sprinkler systems installed in one -and two-family detached dwellings shall be installed throughout in accordance with NFPA 13D and State and local standards.
Fire sprinkler protection is required under rear covered patios extending over 4 feet perpendicular from the exterior of the structure.
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16.04.140 Section R313.2.2 NFPA 13D sprinkler systems increase in design requirements. Section R313.2.2 of the California Residential Code is added to read as follows:
R313.2.2 Section R313.2.2 NFPA 13D sprinkler systems increase in design requirements. In a higher fire fighting hazardous conditions a four head fire sprinkler calculation and coverage in all closets, bathrooms and attics will be required in Residential and Group U Occupancies as determined by the Fire Code Official in the following conditions:
1. Structures located in the High Hazardous Fire Areas.
2. Structures where the combined fire area is 3600 sq ft or larger.
3. Structures located 150 ft or greater from the Fire Department access roadways.
4. Basements and below grade structures.
16.04.150 Section R313.3 - Dwelling unit fire sprinkler systems. Section R313.3 of the California Residential Code is deleted in its entirety and amended as follows:
R313.3 Dwelling unit fire sprinkler systems. Fire sprinkler systems shall be designed and installed in accordance with NFPA 13D, State and local standards.
16.06.160 Section R314.1– Smoke detection and notification.
Section R314.1 of the California Residential Code is amended to read:
R314.1 Smoke detection and notification. Listed single - and multiple -station smoke alarms complying with UL 217 shall be installed in accordance with the California Fire Code Sections 907.2.11.1 through 907.2.11.5 and manufacturer’s installation and use instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or subject to the provisions of the Health and Safety Code, they shall also be listed and approved for rapid response to smoldering synthetic materials. All smoke alarms or detectors shall be of the photoelectric type or shall have equivalent detection capabilities in compliance with UL 217.
Exception: A photoelectric smoke alarm or detector shall be installed if located within 20 feet to a kitchen, fireplace or woodburning stove or within 5 feet of a bathroom.
16.06.170 Section R314.1.1– Smoke alarms or detector end of life replacement.
Section R314.2 of the California Residential Code is added to read:
R314.1.1 Smoke alarms or detector end of life replacement. Smoke alarms or detectors shall be replaced every 10 years or according to the manufacture
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guidelines, whichever is more restrictive.
16.06.180 Section R315.7.5. Carbon Monoxide alarms.
Section R315.7.5 of the California Residential Code is added to read:
R315.7.5 Carbon Monoxide alarms or detectors end of life replacement . Carbon monoxide alarms or detectors shall be replaced every 10 years or according to the manufacture guidelines, whichever is more restrictive.
16.06.190 Section R319.1 Address numbers.
The following subsections are added to Section R319.1 of the California Residential Code:
R319.1.1 Address illumination. Address identification required by Section R319.1 shall be illuminated.
R319.1.2 Address identification size. Address numbers and letters shall be sized as follows:
1. When the structure is between thirty -six (36) and fifty (50 ) feet from the road or other emergency means of access, a minimum of one-half inch (0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other emergency means of access, a minimum of one inch (1”) stroke by nine inches (12”) high is required.
16.06.200 Section R322.1 – General (Palo Alto Floor Hazard Regulations).
The following paragraph is added to Section R322.1 of the California Residential Code:
Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of this section R322, all construction or development within a flood hazard area (areas depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published by the Federal Emergency Management Agency) shall comply with the City of Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where discrepancies exist between the requirements of this code and said regulations , the more stringent requirements shall apply.
16.06.210 Section R337.1.5 Vegetation management compliance.
Section R337.1.5 of the California Residential Code is amended to read:
R337.1.5 Vegetation management compliance. Prior to building permit final approval, the property shall be in compliance with the vegetation management requirements prescribed in California Fire Code section 4906, including California Public Resources Code 4291 or California Government Code Section 51182.
Acceptable methods of compliance inspection and documentation shall be
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determined by the enforcing agency and may include any of the following:
1. Local, state, or federal fire authority or designee authorized to enforce vegetation management requirements.
2. Enforcing agency - City of Palo Alto Fire Inspection shall inspect the aforementioned requirements and indicate compliance prior to building division final inspection sign- off.
3. Third party inspection and certification authorized to enforce vegetation management requirements.
4. Property owner certification authorized by the enforcing agency.
16.06.220 Section R401 GENERAL.
Section 401 of the California Residential Code is amended to read:
R401.1 – R401.3 {CRC text not modified}
R401.4 Soils tests. Exception is added at end of the CRC text as follows:
Exception: Refer to PAMC 16.04.295
R401.4.1 Geotechnical evaluation. When permitted by the building official or designee, in lieu of a complete geotechnical evaluation, the load be aring values in T401.4.1 shall be assumed.
R401.4.1.1 – R401.4.2 {CRC text not modified}
16.06.225 Section R402.2.1 Materials for concrete.
Section 402.2.1 of the California Residential Code is amended to read:
R402.2.1 Materials for concrete. Materials for concrete shall comply with the requirements of Section R608.5.1, as amended by PAMC 16.14.250.
16.06.230 Section R403 FOUNDATION.
Section R403 of the California Residential Code is amended as follows:
R403.1 – R403.1.1 {CRC text not modified}
R403.1.2 Continuous footing in Seismic Design Categories D0, D1, and D2. Exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. All required interior braced wall panels in buildings located in Seismic Design Categories D 0, D1 and D2 shall be supported on continuous foundations.
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories D 0, D1, and D2. Concrete footings located in Seismic Design Categories D 0, D 1 and D 2, as
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established in Table R301.2(1), shall have not fewer than three No. 4 horizontal bars.
One No. 4 horizontal bar shall be installed within 12 inches (305 mm) of the top of the stem wall and two No. 4 horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from the bottom of the footing.
R403.1.3.1 Concrete stem walls with concrete footings. In Seismic D esign Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, not fewer than one No. 4 vertical bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall have a standard ho ok and extend to the bottom of the footing and shall have support and cover as specified in Section R403.1.3.5.3 and extend not less than 14 inches (357 mm) into the stem wall. Standard hooks shall comply with Section R608.5.4.5. Not fewer than one No. 4 h orizontal bar shall be installed within 12 inches (305 mm) of the top of the stem wall and two No. 4 horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from the bottom of the footing.
R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0, D 1 and D 2 where a grouted masonry stem wall is supported on a concrete footing, not fewer than one No. 4 vertical bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall have a standard hook and extend to the bottom of the footing and have support and cover as specified in Section R403.1.3.5.3 and extend not less than 14 inches (357 mm) into the stem wall. Standard hooks shall comply with Section R608.5.4.5. Not fewer than one No. 4 horizonta l bar shall be installed within 12 inches (305 mm) of the top of the wall and two No. 4 horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from the bottom of the footing. Masonry stem walls shall be solid grouted.
In Seismic Design Categories D
0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.
R403.1.3.3 – R403.1.7.4 {CRC text not modified}
R403.1.8 Foundations on expansive soils. Foundations and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1808.6 or Table 1809.7 of the California Building Code as amended in Municipal Code Section 16.04.300.
R403.1.8.1 {CRC text not modified}
16.06.240 Section R404.1.3 Concrete foundation walls.
Section 404.1.3 of the California Residential Code is amended to read:
R404.1.3 Concrete Foundation Walls. Concrete foundation walls that support light- frame walls shall be designed and constructed in accordance with the provisions of this
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section, ACI 318, ACI 332, or PCA 100, as amended by PAMC Section 16.14.250.
Concrete foundation walls that support above-grade concrete walls that are within the applicability limits of Section R608.2 shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332, or PCA 100, as amended by PAMC Section 16.14.250. Concrete foundation walls that support above-grade concrete walls that are not within the applicability limits of Section R608.2 shall be designed and constructed in acc ordance with the provisions of ACI 318, ACI 332, or PCA 100, as amended by PAMC Section 16.14.250. When ACI 318, ACI 332, PCA 100 or the provisions of this section, as amended by PAMC Section 16.14.250 are used to design concrete foundation walls, project drawings, typical details and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority.
16.06.245 Section R504.3.1 Projections exposed to weather.
Section R504.3.1 of the California Residential Code is added to read:
R504.3.1 Projections exposed to weather. Floor projections exposed to the weather and sealed underneath, including but not limited to balconies, landings, decks, and stairs shall be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant (e.g. galvanized) steel, or similar approved materials.
16.06.246 Section R506.1 General
Section R506.1 of the California Residential Code is amended to read:
R506.1 General. Concrete slab-on-ground floors shall be designed and constructed in accordance with the provisions of this section of ACI 332, as amended by PAMC Section
16.14.250. Floors shall be a minimum 3 1/2 inches (89mm) thick (for expansive soils, see Section R403.1.8). The specified compressive strength of concrete shall be as set forth in Section R402.2.
16.06.247 Section R602.10.4.5 Limits on methods GB and PCP. Section R602.10.4.5 of the California Residential Code is added to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as an intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs form other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single family dwelling and accessory structures.
16.06.250 Table R602.10.3(3) – Bracing requirements based on seismic design category.
Footnote e to Table R602.10.3(3) is amended to read as follows:
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e. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and PCP is limited to one-story dwellings and accessory structures.
16.06.253 Section R608.5 Materials.
Section R608.5 of the California Residential Code is amended to read:
R608.5 Materials. Materials used in the construction of concrete walls shall comply with this section, as amended by PAMC Chapter 16.14.250.
16.06.255 Section R703.8.5.1 Locations.
Section R703.8.5.1 of the California Residential Code is added to read:
R703.8.5.1 Locations. Flashing shall be installed at wall and roof intersections, gutters, wherever there is a change in roof slope or direction, and around roof openings. Where flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.06.260 Section R902.1.4 – Roofing requirements in a Wildland-Urban Interface Fire Area.
Section R902.1.4 of the California Residential Code is amended to read:
R902.1.4 Roofing requirements in a Wild Land-Urban Interface Fire Area. The entire roof covering on new structures and existing structures on which more than 50 percent of the total roof area is replaced within any one-year period, and any roof covering applied in the alteration, repair or replacement of roofs on existing structures, shall be a fire - retardant roof covering that is at least Class A. Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section R337.5.
16.06.270 Section R1003.9.2.1 – Repairs, replacements and alterations.
Section R1003.9.2.1 is added to the California Residential Code to read:
R1003.9.2.1 Repairs, replacements and alterations. When any repair, replacement or alteration to the roof of an existing structure is performed, a spark arrester shall be installed on the existing chimney in accordance with Section R1003.9.2.
16.06.280 Section AJ103 – Preliminary Meeting.
Section AJ103 of Appendix AJ of the California Residential Code is amended to read:
Section AJ103.1 General. If a building permit is required at the request of the prospective permit applicant, the building official or his or her designee may meet with the prospective applicant to discuss plans for any proposed work under these provisions prior to the application for the permit. The purpose of this preliminary meetin g is for the building official to gain an understanding of the prospective applicant’s intentions for the proposed work, and to determine, together with the prospective applicant, the
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specific applicability of these provisions.
SECTION 2. The Council adopts the findings for local amendments to the California Residential Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. Section 16.52.040 (Definitions) of Chapter 16.52 (Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows (additions underlined, deletions struck through, and omissions of unchanged language noted by [. . .]):
16.52.040 Definitions
(a) The definitions contained hereafter shall govern the interpretation of the terms defined for the purposes of this chapter, except where the context clearly requires otherwise. Words used in this chapter and not defined in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
(1) "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. (2) "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map. The base flood depths range f rom one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
(3) "Area of Special Flood Hazard." See "Special flood hazard area." (4) "Base flood" or "one -hundred-year f lood" means the flood having a one percent chance of being equaled or exceeded in any given year.
(5) “Base flood elevation (BFE)” means elevation of flooding, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM) having a 1% chance of being equaled or exceeded in any given year.
(6) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
(7) "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
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(A) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(B) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (8) "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal and inundation or tsunamis. The area is designated on the Flood Insurance Rate Map as Zone V1 - V30, VE or V.
(9) “Design Flood Elevation (DFE) elevation of the design flood, including wave height, relative to the datum specified on the community’s flood hazard map. (10) "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or bulk storage of equipment or materials. (11) “Dry Floodproofing” a combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads. (12) "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of floodwaters, (B) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (C) the collapse or subsidence of land along the shore o f a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
(13) "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
(14) “Flood Control Project” means a dam or barrier design and constructed to keep water away from or out of a specific area, including but not limited to levees, floodwalls and channelization.
(15) "Flood Insurance Rate Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (16) "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
(17) "Floodplain" or "flood -prone area" means any land area susceptible to being
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inundated by water from any flood.
(18) "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
(19) "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State of California or local regulations in any combinatio n thereof, which provide standards for the purpose of flood damage prevention and reduction.
(20) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to non -residential structures which reduce or eliminate flo od damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(21) "Floodway" or "regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in ord er to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (22) "Functionally dependent use" means a use which has an intended purpose that cannot be performed, unless it is located or carried out in close pro ximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturin g facilities.
(23) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls foundation of a structure. (24) "Historic structure" means any structure that is listed individually in the National Register of Historic Places or in the State of California Register of Historical Resources or any structure that is listed individually in the current edition of the Palo Alto Master List of Structures on the Historic Inventory in Category 1 "Exce ptional Building" or Category 2 "Major Building" or any structure that has been certified by the Keeper of the National Register as contributing to the historical significance of a registered historic district.
(25) “Hydrodynamic Loads” loads imposed on an object by water flowing against and around it.
(26) “Hydrostatic Loads” loads imposed on an object by standing mass of water. (27) “Letter of map change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study through a Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR) or Letter of Map Revision
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based on fill (LOMR-F).
(A) “Letter of Map Amendment (LOMA)”: An amendment based on technical data showing the property was inco rrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(B) “Letter of Map Revision (LOMR)”: A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (C) “Letter of Map Revision (LOMR-F)”: A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulation.
(D) “Conditional Letter of Map Revision (CLOMR)”: A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard area. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study, upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
(28) "Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
(A) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that it conforms to the applicable non -elevation design requirements, including but not limited to:
(i) The standard set forth in subdivision (3) of subsection (c) of Section
16.52.130;
(ii) The anchoring standards set forth in subdivision (1) of subsection (a) of Section 16.52.130;
(iii) The construction materials and methods standards set forth in subsection (b) of Section 16.52.130; and
(iv) The standards for utilities set forth in Section 16.52.140. (B) For residential structures, al l subgrade enclosed areas are prohibited as they are
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considered to be basements. This prohibition includes below -grade garages, storage areas and subfloor crawl spaces, except existing below -grade subfloor crawl spaces meeting the standards set forth in su bsection (d) of Section 16.52.130. (29) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when it is attached to the required utilities. The term does not include a recreational vehicle.
(30) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (31) "Market value of the structure" means that value of a structure determined by estimating the cost to replace the structure in a new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry, as approved by the floodplain administrator. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence, as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.
The use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be approved at the discretion of the floodplain administrator only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
(32) "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (33) "New construction," for floodplain management purposes, means stru ctures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
(34) "Person" means an individual or his ag ent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State of California or its agencies or political subdivisions.
(35) "Recreational vehicle" means a vehicle which:
(A) Is built on a single chassis;
(B) Measures 400 square feet or less at its l argest or widest horizontal projection;
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(C) Is designed to be self-propelled or permanently towable by a small truck; (D) Is designed primarily not for use as a permanent dwelling but as temporary living quarter s for recreational, seasonal use camping or travel; and
(E) Incorporates a vehicle that is defined by the State of California as a camp trailer, camper, fifth-wheel travel trailer, or house car. (36) "Remedy a violation" means to bring the structure or other development into compliance with the State of California or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal or State of California financial exposure with regard to the structure or other developme nt. (37) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, or brook.
(38) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
(39) "Special flood hazard area (SFHA)" means an area having special flood or flood - related erosion hazards, and shown on the Flood Insurance Rate Map as Zone A, AO, Al - A30, AE, AH, V1 - V30, VE or V.
(40) "Start of construction" includes substantial improvement and other proposed new development, and means the date on which the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement commenced within 180 days from the date of issuance of the permit.
The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of ex cavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavat ion for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other part of a structure, whether or not that alteration affects the external dimensions of the structure. (41) "Structure" means a walled and roofed building, including but not limited to a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
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(42) "Substantial damage" means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its original damage -free condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.
(43) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. This term includes a structure which has incurred substantial damage, regardless of the actual repair work to be performed.
The term shall not include:
(A) Any project, or any portion of a project, for improvement of a structure undertaken in response to a finding by the local code enforcement official that there are existing violations of State of California or local health, sanitary, or safety code specifications which render the structure unfit for human occupancy; or
(B) Any alteration of an historic structure, provided that the alteration will not result in the termin ation of a structure's continued designation as an historic structure; or
(C) Any project, or any portion of a project, for improvement of a structure that is required to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et.seq.).
(44) "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (45) "Violation" means the failure of a structure or other development to b e fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation unti l such time as that documentation is provided.
(46) “Wet Floodproofing” Floodproofing method that relies on the use of flood damage - resistant materials and co nstruction techniques in areas of a structure that are below the elevation required by this standard by intentionally allowing those areas to flood.
SECTION 4. Section 16.52.075 (Requirement to submit new technical data.) of Chapter 16.52 (Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is added to read as follows:
16.52.075 Requirement to submit new technical data
A community's base flood elevations may increase or decrease resulting from physical changes
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affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the City shall notify FEMA of the changes by submitting technical or scientific data. Such submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.
SECTION 5. Section 16.52.110 (Development permit required) of Chapter 16.52 (Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows (ellipses indicate existing language that is unchanged but omitted for brevity):
16.52.110 Development permit required.
[. . .]
(b) The foundation design details, including but not limited to:
(1) The proposed elevation in relation to mean sea level, of the lowest floor, including basement, of all structures;
(2) For a crawl- space foundation, the location and total net area of foundation openings as required in this ordinance and applicable Federal Emergency Management Agency technical bulletins, including but not limited to, TB 1-93 and TB 7-93; and (3) For foundations placed on fill, the location and height of the fill, and compaction requirements (compacted to ninety -five percent using the Standard Proctor Test method);
(c) Proposed elevation in relation to mean sea level to which any nonreside ntial structure will be floodproofed, as required in subdivision (3) of subsection (c) of Section 16.52.130 and applicable Federal Emergency Management Agency t Technical bulletinsBulletins, including but not limited to TB 3-93; [. . .]
SECTION 6. Section 16.52.130 (Standards of Construction) of Chapter 16.52 (Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows (additions underlined, deletions struck through, and omissions of unchanged lang uage noted by [. . .]):
16.52.130 Standards of construction.
In all areas of special flood hazards the following standards are required:
[. . .]
(c) Elevation and Floodproofing.
(1) In residential new construction and substantial improvement of any residential
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structure, the lowest floor, including basement:
(A) In an AO zone, shall be elevated above the highest adjacent grade to a height above the highest adjacent grade of no t less than to height equal to or exceeding the depth number specified in feet on the Flood Insurance Rate Map plus 1 foot, or not less elevated at least two than 3 feet above the highest adjacent grade if no depth number is specified;
(B) In an A zone, shall be elevated at least one foot two feet above the highest adjacent grade if no depth number is specified or one foot above the base flood elevation, whichever is higher; or
(C) In all other zones, including Coastal A zones shall be elevated at least one foot above to or above the base flood elevation.
(D) Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 1 foot, or design flood elevation, whichever is higher. (E ) Garages and carport floors shall comply with one of the following:
(i) They shall be elevated to or above the elevations required above in (A), (B) and (C) or
(ii) They shall be at or above grade on all but one side of the structure and allow the automatic flow of floodwater into and out of the garage or carport. Where a garage or carport shall solely be used parking, building access or storage.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, and verified by a community official to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. (2) Nonresidential new construction and any substantially improved nonresidential structure shall either be elevated to conform with subdivision (1) of this subsection (C ) or, together with attendant utility and sanitary facilities:
(A) Shall be floodproofed below the minimum elevation required in subdivision (1) above so that the structure is watertight with walls substantially impermeable to the passage of water;
(B) Shall possess structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(C) Shall be certified by a registered professional engineer that the standards of this subdivision are satisfied. The certification shall be provided to the floodplain administrator.
(D) Shall provide a flood emergency plan that includes maintenance and operation requirements. The plan shall be approved by the floodplain administrator. Plans shall
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be recorded as a covenant.
(3) All new construction and substantially improved structures, with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for the parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydros tatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall comply with the California Building Code guidelines set forth in the applicable Federal Emergency Management Agency technical bulletins, including but not limited to TB 1-93 and TB 7-93 and shall meet or exceed the following minimum criteria:
(A) Possess a minimum of two openings on different sides of each enclosed area. If a building has more than one enclosed area, each area shall have openings with the total net area of nonengineered openings of not less than one square inch for every square foot of enclosed area, subject to flooding where the enclosed area is measured on the exterior of the enclosure walls. The bottom of all openings shall be no higher than one foot above grade the higher of the final interior grade or floor and the finished exterior grade immediately under each open ing. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters into and out of the enclosed areas and shall be accounted for in the determination of the net open area; or
(B) Be certified by a registered professional engineer or architect. Construction documents shall include a statement by a registered design professional that the design of the openings will provide for equalization of hydrostatic flood forces on exterior walls by allowing for the auto matic entry and exit of floodwaters as specified on Section
2.7.2.2 of ASCE 24.
(C) Openings shall be not less than 3 inches in any direction in the plane of the wall. (D) Openings shall be permitted to be installed in doors and windows; doors and windows without installed openings do not meet the requirement of this section. (4) Manufactured homes shall also meet the standard in Section 16.52.160. (d) Existing Residential Below Grade Subfloor Crawl Spaces. Notwithstanding the provisions of subsection (c)(1) for existing residential structures, existing below- grade subfloor crawl spaces sha ll be allowed to remain beneath substantially improved structures provided all other standards of construction set forth in Section 16.52.130 and the following conditions are met:
(1) The lowest floor of the living space of the existing structure is at at or above the elevation required under subsection (c) above;
(2) The below -grade crawl space shall be backfilled to the maximum extent possible without violating Uniform Building Code requirements for minimum crawl space height; (3) The crawl space grade is not more than two feet below the lowest adjacent grade
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outside the foundation;
(4) The height of the crawl space, measured from the interior grade of the crawl space to the top of the foundation wall, does not exceed four feet; (5) There is an adequate drainage system capable of removing floodwaters from the interior area of the crawl space within seventy-two hours after the flood event; and (6) The expected velocity of the floodwaters at the site does not exceed five fe et per second.
(e) Prohibition of Residential Basement Construction. (1) For residential structures located within a Special Flood Hazard Area:
(A) No new basements shall be constructed; and
(B) No existing basements shall be expanded.
SECTION 7. Section 16.52.160 (Standards of manufactured homes) of Chapter 16.52 (Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows (additions underlined and deletions struck through):
16.52.160 Standards for manufactured homes.
All new and replacement manufactured homes and additions to manufactured homes on foundations in flood hazard areas or coastal high-hazard areas shall:
(a) Be elevated so that the lowest floor is at or above the based flood elevation elevation meets requirements specified in sections 16.52.130 and 16.52.180 as applicable; and
(b) Be securely anchored to a permanent foundation system to resist fl otation, collapse or lateral movement in accordance with ASCE 24.
SECTION 8. Section 16.52.180 (Coastal high hazard areas) of Chapter 16.52 (Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows (additions underlined, deletions struck through, and omissions of unchanged language noted by [. . .]):
16.52.180 Coastal high hazard areas.
Within coastal high hazard areas established in Section 16.52.060 the following standards shall apply:
(a) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings, columns, grade beams and bracing) is elevated to or above the base flood elevation plus 1 foot or design flood elevation, whichever is higher. Wind
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loading values used shall be those required by applicable state or local building standards.
(b) All new construction and other development shall be located on the landward side of the reach of mean high tide.
[. . .]
SECTION 9. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
SECTION 10. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA RESIDENTIAL CODE (CRC)
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such loca l change is reasonably necessary because of local climatic, geological, or topographical conditions.
Code: CRC
Section Title Add Deleted Amended Justification
(See below for
keys)
R202 Wildland-Urban Interface Fire
Area
T
R202
Superficial floor area
A, G
Table R301.2 Climatic and Geographic Design
Criteria
C, G, T
R301.2.2.6 Irregular Buildings G
R304.4
Dwelling unit and congregate
residence
A, G
R310 Emergency Escape and Rescue
Openings
C, T
R310.4.2.3 Window Well Fall Protection T
R 310.4.1 Security Bars T
R313.1.1 Design and installation T
R 313.2 One and Two Family Dwellings
Automatic Spr. Syst.
T
R313.2.1 Design and installation T
R313.2.2 NFPA 13D sprinkler increase in
design requirements
T
R313.3 Dwelling unit fire sprinkler systems T
R 314.1 Smoke Detection and Notification C, T
R314.1.1 Smoke alarms or detector end of life
replacement
T
315.7.5 Carbon monoxide alarms T
R 319.1 Address Identification T
R 322.1 Flood Hazard Regulations T
R 327.1.5 Vegetation Management
Compliance
T
R401 General T, G
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R402.2.1 Materials for concrete E
R403, R403.1.2,
R403.1.3,
R403.1.3.1,
R403.1.3.2
Foundation G, T
R 403.1.8 Foundation on expansive Soils G, T
R404.1.3 Concrete foundation walls E
R 504.3.1 Projections exposed to weather G, T
R506.1 Concrete Floors on ground E
R602.10.4.5 Limits on methods GB and PCP G
Table R602.10.3(3) Bracing Requirements Based on
Seismic Design Category
G
R608.5 Materials E
R 703.8.5.1 Flashing Locations T
R902.1.4 Roofing Requirements in Wildland-
Urban Interface Fire Area
T
R1003.9.2.1 Repairs, Replacements and
Alterations
T
Appendix AH Patio Covers C
Appendix AJ Existing Building and Structures C, T
Appendix AK Sound Transmission C
Appendix AX Swimming Pool Safety Act C, G
AJ103, AJ103.1 Preliminary Meeting, General C, G
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
E Green building enhances the public health and welfare by promoting the environmental and economic health of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites by incorporating green practices into all development.
The green provisions in this Chapter are designed to achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Increase water and resource conservation;
(c) Reduce waste generated by construction and demolition projects; (d) Provide durable buildings that are efficient and economical to own and operate; (e) Promote the health and productivity of residents, workers, and visitors to the city; (f) Recognize and conserve the energy embodied in existing buildings; (g) Encourage alternative transportation; and
(h) Reduce disturbance of natural ecosystems.
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The aforementioned conditions combined with the geological characteristics of the hills within the City create hazardous conditions for which departure from California Building Standards Code is required.
G This amendment is justified on the basis of a local geological condition. The City of Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.
T The City of Palo Alto topography
includes hillsides with narrow and winding access, which makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. Also the City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted.
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.08 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.08, California Plumbing Code, 2022 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.08 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety 16.08 and adopting a new Chapter 16.08 to read as follows:
16.08 CALIFORNIA PLUMBING CODE, TITLE 24, PART 5
16.08.010 2022 California Plumbing Code, Title 24, Part 5 adopted.
The California Plumbing Code, 2022 Edition, Title 24, Part 5 of the California Code of Regulations together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of the former editions of the California Code of Regulations, Title 24, shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5480 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases "California Plumbing Code" or "Plumbing Code" are used in this code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to the California Plumbing Code, 2022 Edition, Title 24, Part 4 of the California Code of Regulations, as adopted by this Chapter.
One copy of the California Plumbing Code, 2022 edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.08.020 Cross - References to California Plumbing Code.
The provisions of this Chapter contain cross -references to the provisions of the California Mechanical Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.08.030 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
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of the California Plumbing Code, 2022 Edition, and shall be deemed to replace the cross- referenced sections of said Code with the respective provisions set forth in this Chapter. Where used in this Chapter 16.04, ellipses shall indicate text of the California Bu ilding Code, 2022 Edition, that has been adopted without amendment but is omitted for brevity.
16.08.040 Administration & Enforcement of 2022 California Plumbing Code Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.08.050 Adoption of Chapter 1, Division II Administration Chapter 1, Division II Administration of the 2022 California Plumbing Code is adopted by the City of Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II of the 2022 California Building Code as amended.
16.08.060 Section 102.8 Appendices.
The following Appendix Chapters of the California Plumbing Code, 2022 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein:
A. Appendix A – Recommended rules for sizing the water supply system B. Appendix D – Sizing storm water drainage systems
16.08.070 Section 306.3 Palo Alto sewer use.
Section 306.3 of Chapter 3 of the California Plumbing Code is added to read:
306.3 Palo Alto sewer use. All non-domestic waste shall comply with the City of Palo Alto Sewer Use Ordinance (Palo Alto Municipal Code Chapter 16.09). Where discrepancies exist between the requirements of this code and said ordinance, the provisions of said ordinance shall apply.
16.08.080 Section 701.2, (4) Drainage piping.
Subdivsion (4) of Section 701.2 of Chapter 7 of the California Plumbing Code is amended to read:
701.2 Drainage Piping
Materials for drainage piping shall be in accordance with one of the referenced standards in Table 701.2 except that:
[. . .]
(4) Copper, copper alloys, lead and lead alloys, including brass, shall not be used for building sanitary drainage lines, connectors or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are impracticable.
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Where permitted by the building official or their designee, copper tube for drainage piping shall have a weight of not less than that of copper drainage tube type DWV.
[. . .]
16.08.090 Section 719.7 Cleanouts.
Section 719.7 of Chapter 7 of the California Plumbing Code is added to read:
719.7 Cleanouts. A cleanout shall be provided at the point of connection between the building sewer and the city lateral and an approved fitting shall be used to bring the cleanout riser to grade. Where sewer cleanouts are to be connected to existing city laterals, such connections shall be accomplished by use of a City of Palo Alto Utility approved fitting.
16.08.100 Section 808.2 Single pass cooling water systems prohibited.
Section 808.2 of Chapter 8 of the California Plumbing Code is added to read:
808.2 Single pass cooling water systems prohibited. Clean running water used exclusively as a cooling medium in an appliance, device, or apparatus is prohibited. Refer to PAMC
16.14.350 for additional CALGreen measures.
16.08.110 Section 1014.1.3 Food waste disposal units and dishwashers.
Section 1014.1.3 of Chapter 10 of the California Plumbing Code is amended to read:
1014.1.3 Food waste disposal units and d ishwashers. Unless specifically required or permitted by the Authority Having Jurisdiction, no dishwasher shall be connected to or discharge into any grease interceptor. Commercial Food Waste Disposal Units are prohibited.
16.08.120 Section 1101.4 Material use.
Section 1101.4 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4 Material u se. Pipe, tube, and fittings conveying rainwater shall be of such materials and design as to perform their intended function to the satisfaction of the Authority Having Jurisdiction. Conductors within a vent or shaft shall be of cast -iron, galvanized steel, wrought iron , Schedule 40 ABS DWV, Schedule 40 PVC DWV, stainless steel 304 or 316L [stainless steel 304 pipe and fittings shall not be installed underground and shall be kept not less than 6 inches (152 mm) aboveground], or other approved materials, and changes in direction shall be in accordance with the requirements of Section 706.0. ABS and PVC DWV piping installations shall be installed in accordance w ith applicable standards referenced in Chapter 17 and the firestop protection requirements in the California Building Code . Except for individual single - family dwelling units, materials exposed within ducts or plenums shall have a flame -
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spread index of not more than 25 and a smoke -developed index of not more than 50, where tested in accordance with ASTM E84 or UL 723. Plastic piping installed in plenums shall be tested in accordance with all requirements of ASTM E84 or UL 723. Mounting methods, supports and sample sizes of materials for testing that are not specified in ASTM E84 or UL 723 shall be prohibited.
[HCD 1 & HCD 2] ABS or PVC installations are limited to not more than two stories of areas of residential accommodation.
[OSHPD 1, 2, 3 & 4] ABS and PVC installations are not allowed.
16.08.130 Section 1101.4.1 Copper and copper alloys.
Section 1101.4.1 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4.1 Copper and copper alloys. Joints and connections in copper and copper alloy pipe and tube is prohibited.
16.08.140 Section 1101.4.2 Conductors.
Section 1101.4.2 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4.2 Conductors. Conductors installed aboveground in buildings shall comply with the applicable standards referenced in Table 7 01.2 for aboveground drain, waste, and vent pipe. Conductors installed aboveground level shall be of Schedule 40 copper pipe or Schedule 40 copper alloy pipe; service weight cast -iron soil pipe or hubless cast -iron soil pipe; standard weight galvanized steel pipe; stainless steel 304 or 316L [stainless steel 304 pipe and fittings shall not be installed underground and shall be kept not less than 6 inches (152 mm) aboveground], or Schedule 40 ABS or Schedule 40 PVC plastic pipe.
16.08.150 Section 1101.4.3 Leaders.
Section 1101.4.3 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4.3 Leaders. Leaders installed outside shall be in accordance with the applicable standards referenced in Table 701.2 for aboveground drain, waste, and vent pipe; aluminum sheet metal; or galvanized steel sheet metal.
16.08.160 Section 1102.1 Applications.
Section 1102.1 of Chapter 11 of the California Plumbing Code is amended to read:
1102.1 Applications. Roof drains shall be constructed of aluminum, cast-iron, stainless steel, ABS, PVC, polypropylene, polyethylene, or nylon and shall comply with ASME A112.3.1 or ASME A112.6.4.
//
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SECTION 2 . The Council adopts the findings for local amendments to the California Plumbing Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the Ca lifornia Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA PLUMBING CODE, TITLE 24, PART 5
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Sa fety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970 and have been carried through from year to year without significant change, need no required findings. Also, amendments to provisions no t regulating buildings used for human habitation do not require findings.
Code: California Plumbing Code, Title, 24, Part 5
Chapter(s),
Sections(s),
Appendices
Title Added Amended Replaced Justification
(See below
for keys)
Ch. 1, Div. II ADMINSTRATION A
Administration and Enforcement A
306.3 Palo Alto sewer use C
701.2 (4) Drainage piping C
719.7 Cleanouts C
808.2 Single pass cooling water systems
prohibited
C
1014.1.3 Food waste disposal units and dishwashers C 1101.4 Material use C
1101.4.1 Copper and copper alloys C
1101.4.2 Conductors C
1101.4.3 Leaders C
1102.1 Applications C
Appx. A Recommended rules for sizing the water
supply system
A
Appx. D Sizing storm water drainage systems A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The aforementioned conditions combined with the geological characteristics of the hills within the City create hazardous conditions for which departure from California Building Standards Code is required.
G This amendment is justified based on a local geological condition. The City of Palo Alto is
subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San F rancisco Bay. Both faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.
T The City of Palo Alto topography
includes hillsides with narrow and winding access, which makes timely response by fire suppression and emergency response vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and wastewater run-off. Also, the City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted.
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.16 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.16, California Electrical Code, 2022 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1
. Chapter 16.16 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety 16.16 and adopting a new Chapter 16.16 to read as follows:
CHAPTER 16.16
CALIFORNIA ELECTRICAL CODE, Cal. Code of Regs. TITLE 24, Part 3
Sections
16.16.010 2022 California Electrical Code, Cal. Code of Regs. Title 24, Part 3 adopted
16.16.020 Cross - References to California Electrical Code
16.16.030 Local Amendments
16.16.040 Adoption of SECTION 89.101 GENERAL
16.16.050 Article 89.101.3.3 Exempted from This Code
16.16.060 Article 89.101.4 2022 California Electrical Code Annexes adopted
16.16.070 Administration & Enforcement Of 2022 California Electrical Code
16.16.080 Article 110.13 Mounting and Cooling of Equipment
16.16.010 2022 California Electrical Code, Cal. Code of Regs. Title 24, Part 3 adopted.
The California Electrical Code, 2022 Edition, Title 24, Part 3 of the California Code of Regulations together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein. Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2019, shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5482 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed. Wherever the phrases "California Electrical Code" or "Electrical Code" are used in this code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to the California Electrical Code, 2022 Edition, as adopted by this Chapter. One copy of the California Electrical Code, 2022 edition, has been filed for use and examination of the public in the Office of the Chief Building Official of the City of Palo Alto.
16.16.020 Cross - References to California Electrical Code.
The provisions of this Chapter contain cross -references to the provisions of the California
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Electrical Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.16.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Electrical Code, 2022 Edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.16.040 Adoption of SECTION 89.101 GENERAL
SECTION 89.101 GENERAL of the 2022 California Electrical Code is adopted by the City of Palo Alto as amended herein.
16.16.050 Article 89.101.3.3 Exempted from This Code.
Section 89.101.3.3 is amended as follows (additions underlined ; sections omitted without
change noted by [. . .]):
89.101.3.3 Exempted From This Code
This code does not cover:
1. Installations in ships, watercraft other than floating dwelling units, railway rolling stock, aircraft, automotive vehicles, commercial coaches, mobilehomes, and recreational vehicles.
[. . .]
7. ADDITIONAL EXEMPTIONS: Electrical work that is exempt from permits pursuant to Palo Alto Municipal Code Section 16.04.110, Section 105.2 Work exempt from permit.
16.16.060 Article 89.101.4 2022 California Electrical Code Annexes adopted.
The following Annexes of the California Electrical Code, 2022 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein:
A. Annex B – Application Information for Ampacity Calculations B. Annex C –
Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires of the Same Size
C. Annex I – Unit Recommended Tightening Torque Tables from UL Standard 486A - 486B
16.16.070 Administration & Enforcement Of 2022 California Electrical Code Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
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16.16.080 Article 110.13 Mounting and Cooling of Equipment.
Article 110.13 (A) (1) of Article 110 of the California Electrical Code is added to read:
110.13 (A) (1) Concrete Slab Supporting Electrical Equipment. When electrical equipment is to be placed on a concrete substrate, a 4-inch concrete housekeeping pad shall be installed to elevate and protect the equipment.
SECTION 2 . The Council adopts the findings for local amendments to the California Electrical Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA ELECTRICAL CODE, TITLE 24, PART 3
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulati ons of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970 and have been carried through from year to year without significant chang e, need no required findings. Also, amendments to provisions not regulating buildings used for human habitation do not require findings.
Code: California Electrical Code, Title, 24, Part 3
Section(s)
or Article(s)
Title Added Amended Deleted Justification
(See below
for keys)
89.101 GENERAL A
89.101.3.3 Exempt from This Code A
110.13 (A) (1) Mounting and Cooling of Equipment C
Annex B Application Information for
Ampacity Calculations
G
Annex C Conduit, Tubing, and Cable Tray Fill Tables
for Conductors and Fixture Wires of the
Same Size
A
Annex I Unit Recommended Tightening Torque
Tables
from UL Standard 486A - 486B
A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry weather frequently results in wild land fires on the brush covered slopes west of Interstate 2 80. The aforementioned conditions combined with the geological characteristics of the hills within the City create hazardous conditions for which departure from California Building Standards Code is required.
G This amendment is justified based on a local geological condition. The City of Palo Alto is
subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains , epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. T his fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity an d to establish criteria for repair of damaged properties following a local emergency.
T The City of Palo Alto topography
includes hillsides with narrow and winding access, which makes timely response by fire suppression and emergency response vehicles difficult.
Palo Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and wastewater run- off. Also, the City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature.
The aforementioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.18 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.18, International Swimming Pool and Spa Code, With Local Amendments
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.18 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety Chapter 16.18 and adopting a new Chapter 16.18 to read as follows:
16.18.010 2021 International Swimming Pool and Spa Code (ISPSC) Adopted in Part and Amended.
Chapters 1 through 3 and chapters 7 through 11 of the International Swimming Pool and Spa Code, 2021 Edition, are adopted and hereby incorporated into this Chapter by reference and made a part hereof as if fully set forth herein. The provisions of this Chapter shall constitute local amendments to the referenced provisions of the International Swimming Pool and Spa Code, Edition.
One copy of the International Swimming Pool and Spa Code, 2021 Edition, has been filed for use and examination by the public in the Office of the Chief Building Official of the City of Palo Alto.
16.18.020 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each separate day or any portion thereof during which any violatio n of this Chapter occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the chief building official may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the chief building official shall issue and record a release of the notice of pendency of code violation.
16.18.030 Enforcement – Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exerci se the authority provided in California Penal Code section 836.5 for violations of this Chapter. The designated
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employee positions are: (1) chief building official, (2) assistant chief building official, (3) building inspection manager, and (4) code enforcement officer.
16.18.40 References to California Building Codes
The International Swimming Pool and Spa Code, 2021 Edition, is hereby amended to refer to those building regulations adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations, as follows:
1. Where the term “International Building Code” is used it shall be replaced with the term “California Building Code (CBC).”
2. Where the term “International Residential Code” is used it shall be replaced with the term “California Residential Code.”
3. Where the term “International Plumbing Code” is used it shall be replaced with the term “California Plumbing Code.”
4. Where the term “International Energy Conservation Code” is used it shall be replaced with the term “California Energy Code.”
5. Where the term “International Fire Code” is used it shall be replaced with the term “California Fire Code.”
6. Where the term “International Fuel Gas Code” is used it shall be replaced with the term “California Plumbing Code.”
7. Where the term “International Mechanical Code” is used it shall be replaced with the term “California Mechanical Code.”
8. Where the term “NFPA 70” is used it shall be replaced with the term “California Electrical Code.”
16.18.050 Precedence of California Building Codes.
In the event of any conflict between this Chapter and provisions of the California Health and Safety Code or the building regulations adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations, the provisions of the Health and Safety Code and Title 24 shall prevail.
16.18.060 Administration & Enforcement Of 2021 International Swimming Pool and Spa Code (ISPSC)
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04, and the any sections of the 2022 International Swimming Pool and Spa Code that are adopted by the City of Palo Alto in this Chapter 16.18.
16.18.070 Section 101.1 amended – Title.
Section 101.1 of the International Swimming Pool and Spa Code is hereby amended to read:
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101.1 Title. These regulations shall be known as the International Swimming Pool and Spa Code of the City of Palo Alto, hereinafter referred to as “this code.”
16.08.080 Section 105.1.1 added – Agreements to build; notice of provisions.
Section 105.1.1 of the International Swimming Pool and Spa Code is hereby added to read:
105.1.1 Agreements to build; notice of provisions. Any person entering into an agreement to build a swimming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this code.
Pursuant to existing law, the California Department of Health Services shall have available on the department's web site, commencing January 1, 2007, approved pool safety information available for consumers to download. Pool contractors are encouraged to share this information with consumers regarding the potential dangers a pool or spa poses toddlers. Additionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commission, Drowning Prevention Foundation, California Coalition for Children's Safety & Health, Safe Kids Worldwide, Association of Pool and Spa Professionals, or the American Academy of Pediatrics. [CBC 3109.1, 115924]
16.18.090 Section 110.17 Added – Final Approval.
Section 110.17 of the International Swimming Pool and Spa Code is hereby added to read:
110.17 Final Approval. Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the code official shall inspect the drowning safety prevention devices required and if no violations are found, shall give final approval. [CBC 3109.1, 15922(b)]
16.18.100 Section 301.1.2 Added – Conflicts.
Section 301.1.2 of the International Swimming Pool and Spa Code is hereby added to read:
301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, the International Swimming Pool and Spa Code, 2021 Edition, the 2022 California Building Code, or the 2022 California Residential Code, the Building Official shall implement the most restrictive measures cited.
16.18.120 Section 303.3.1 Added – Operating time.
Section 303.3.1 of the International Swimming Pool and Spa Code is hereby added to read:
303.3.1 Operating time. The time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or
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programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards. [California Energy Code (CEnC) 110.4(b)3ii]
16.18.130 Section 303.1.3 Amended – Covers.
Section 303.1.3 of the International Swimming Pool and Spa Code is hereby amended to read:
303.1.3 Covers. Outdoor pools and outdoor spas shall be provided with a vapor retardant cover.
16.18.140 Section 305.2 Amended – Outdoor swimming pools and spas.
Section 305.2 of the International Swimming Pool and Spa Code is hereby amended to read:
305.2 Outdoor swimming pools and spas.All outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7. [CBC 3109.1, 115922]. Refer to 305.9 for additional drowning prevention safety features.
16.18.150 Section 305.9 Added – Private swimming pools.
Section 305.9 of the International Swimming Pool and Spa Code is hereby added to read:
305.9 Private swimming pools. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least two of the following seven drowning prevention safety features:
1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 305.10.
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286 in conjunction with a gate that is self- closing and self -latching and can accommodate a key lockable device.
3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor.
6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that
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sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature..
7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-4, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or ASME.
Exceptions:
1. Public swimming pools.
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-
89. b)]
3. An apartment complex, or any residential setting other than a single-family home.
16.18.160 Section 305.10 Added – Enclosure.
Section 305.10 of the International Swimming Pool and Spa Code is hereby added to read:
305.10 Enclosure. The enclosure for private swimming pools shall have all of the following characteristics:
1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1524 mm) above the ground.
2. A minimum height of 60 inches (1524 mm).
3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm).
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.
5. An outside surface free of protrusions, cavities or other physical characterist ics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.
16.18.170 Section 310.2 Added – Construction Requirements for building a pool or spa.
Section 310.2 of the International Swimming Pool and Spa Code is hereby added to read:
310.2 Construction Requirements for building a pool or spa. Whenever a building permit is issued for the construction a new private swimming pool or spa, the pool or spa shall meet all of the following requirements:
(1) The suction outlets of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in paragraphs (2) and (3).
(2) The swimming pool or spa shall either have at least two circulation suction
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outlets per pump that shall be hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least three feet in any dimension between the suction outlets, or be designed to use alternatives to suction outlets, including, but not limited to, skimmers or perimeter overflow systems to conduct water to the recirculation pump.
(3) The circulation system shall have the capacity to provide a complete turnover of pool water, as specified in Section 3124B of Chapter 31B of the California Building Standards Code (Title 24 of the California Code of Regulations).
(4)Suction outlets shall be covered with antientrapment grates, as specified in the ANSI/APSP-16 performance standard or successor standard designated by the federal Consumer Product Safety Commission, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers.
(5)Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (a) and (b) shall meet the standards as published in the document, “Guidelines for Entrapment Hazards: Making Pools and Spas Safer,” Publication Number 363, March 2005, United States Consumer Product Safety Commission.
16.18.180 Section 316.2.1 Added – Construction Requirements for building a pool or spa.
Section 316.2.1 of the International Swimming Pool and Spa Code is hereby added to read:
316.2.1 Certification and Installation.
(a) Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment complies with the following:
1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and [CEnC 110.4(a)1]
2. On-off switch. A readily accessible on -off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and [CEnC 110.4(a) 2]
3. Instructions. A permanent, easily readable and we atherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and
for the proper care of pool or spa water when a cover is used; and [CEnC 110.4(a)3]
4. Electric resistance heating. No electric resistance heating.
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.
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Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy. [CEnC 110.4(a)4]
(b) Installation. Any pool or spa system or equipment shall be installed with all of the following:
1. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment. [CEnC 110.4(b)1]
2. Covers. A cover for outdoors pools or outdoor spas.
3. Directional inlets. The swimming pool shall have directional inlets that adequately mix the pool water. [CEnC 110.4(b)3i]
16.18.190 Section 504.1 Amended – Emergency shutoff switch.
Section 504.1 of the International Swimming Pool and Spa Code is hereby amended to read:
504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be clearly labeled, accessible, located within sight of the spa and shall be located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm) horizontally from the inside walls of the spa. [California Electrical Code (CEC), 680.41]
16.18.200 Section 903 to 908.
Section 903 to 908 of the International Swimming Pool and Spa Code are added as follows:
SECTION 903
MATERIALS
903.1 Pumps and motors.
Pumps and motors shall be listed and labeled for use in spas.
SECTION 904
STRUCTURE AND DESIGN
904.1 Water depth.
The maximum water depth for spas shall be 4 feet (1219 mm) measured from the design waterline except for spas that are designed for special purposes and approved by the authority having jurisdiction. The water depth for exercise spas shall not exceed 6 feet 6 inches (1981 mm) measured from the design waterline.
904.2 Multilevel seating.
Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be 28 inches (711 mm) measured from the design waterline to the lowest measurable point.
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904.3 Floor slope.
The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal (8.3 -percent slope).
Where multilevel floors are provided, the change in depth shall be indicated.
SECTION 905
PUMPS AND MOTORS
905.1Emergency shutoff switch.
One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be accessible, located within sight of the spa and shall be located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm) horizontally from the inside walls of the spa. 905.2 Timer.
The operation of the hydrotherapy jets shall be limited by a cycle timer having a maximum setting of 10 minutes. The cycle timer shall be located not less than 5 feet (1524 mm) away, adjacent to, and within sight of the spa.
SECTION 906
RETURN AND SUCTION FITTINGS
906.1 Return fittings.
Return fittings shall be provided and arranged to facil itate a uniform circulation of water and maintain a uniform sanitizer residual throughout the entire spa or exercise spa. 906.2 Suction fittings.
Suction fittings shall be in accordance with Sections 505.2.1 through 505.2.4. 906.2.1 Testing and certification.
Suction fittings shall be listed and labeled in accordance with APSP 16. 906.2.2 Installation.
Suction fittings shall be sized and installed in accordance with the m anufacturer’s specifications. Spas and exercise spas shall not be used or operated if the suction outlet cover is missing, damaged, broken or loose.
906.2.3 Outlets per pump.
Suction fittings shall be provided in accordance with Section 310. 906.2.4Submerged vacuum fittings.
Submerged vacuum fittings shall be in accordance with Section 310.
SECTION 907
HEATER AND TEMPERATURE REQUIREMENTS
907.1 General.
This section pertains to fuel -fired and electric appliances used for heating spa or exercise spa water.
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907.2 Water temperature controls.
Components provided for water temperature controls shall be suitable for the intended application.
907.2.1 Water temperature regulating controls.
Water temperature regulating controls shall comply with UL 873 or UL 372. A means shall be provided to indicate the water temperature in the spa.
Exception: Water temperature regulating controls that are integral to the heating appliance and listed in accordance with the applicable end use appliance standard. 907.2.2Water temperature limiting controls.
Water temperature limiting co ntrols shall comply with UL 873 or UL 372 . Water temperature at the heater return outlet shall not exceed 140°F (60°C).
SECTION 908
WATER SUPPLY
908.1Water temperature.
The temperature of the incoming makeup water shall not exceed 104°F (40°C).
SECTION 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
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SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.14 of the Palo Alto Municipal Code and Adopting a New Chapter 16.14, California Green Building Code, 2022 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1 . Chapter 16.14 of the Palo Alto Municipal Code (PAMC) is hereby amended by repealing in its entirety 16.14 and adopting a new Chapter 16.08 to read as follows:
16.14 California Green Building Code, Title 24, Part 11
16.14.010 2022 California Green Building Code, Title 24, Part 11 adopted and amended.
The California Green Building Standards Code, 2022 Edition, Title 24, Part 11 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5481 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Green Building Standards Code” or “CALGreen” are used in this code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to the California Green Building Standards Code, 2022 Edition, as adopted and amended by this chapter.
One copy of the California Green Building Standards Code, 2022 Edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.020 Cross - References to California Green Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green Building Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.16.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Green Building Code, 2022 Edition, and shall be deemed to replace the cross- referenced sections of said Code with the respective provisions set forth in this Chapter.
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CHAPTER 1 – ADMISTRATION
16.16.040 Administration & Enforcement of 2022 California Green Building Code Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.16.050 Adoption of CHAPTER 1 Administration
Chapter 1 Administration of the 2022 California Green Building Code is adopted by the City of Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II of the 2022 California Building Code, as amended.
16.16.060 Section 101.4 Appendices.
The following Appendix Chapters of the California Green Building Standards Code, 2022 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein:
A. Appendix A4 - Residential Voluntary Measures (Tier 1 and Tier 2) B. Appendix A5 - Non-residential Voluntary Measures (Tier 1 and Tier 2)
CHAPTER 2 – DEFINITIONS
16.16.070 Section 202 Definitions.
Section 202 of Chapter 2 of the California Green Building Standards Code is amended to include the following definitions:
ALL-ELECTRIC BUILDING / SITE. A building or parcel of land whose sole source of energy is electricity and contains no combustion equipment or plumbing for combustion equipment.
CPAU. City of Palo Alto Utilities Department.
CALGREEN MANDATORY . Mandatory measures are triggered for projects outlined in Section 301.1 Scope
of this code, as amended.
Projects that only trigger Mandatory measures are not required to fulfill Tier 1 or Tier 2 measures in Appendix A4 and A5.
CALGREEN TIER 1 . To achieve Tier 1 status , a project must comply with measures identified in Appendix A4, S ection A4.601.4 for residential projects and Appendix A5, Section A5.601.2 for non-residential projects.
Projects subject to Tier 1 must fulfill all mandatory measures, all Tier 1 prerequisite measures and a defined number of Tier 1 elective measures.
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CALGREEN TIER 2 . To achieve Tier 2 status , a project must comply with requirements identified in Appendix A4, S ection A4.601.5 for residential projects and Appendix A5, Section A5.601.3 for non-residential projects.
Projects subject to Tier 2 must fulfill all mandatory measures, all Tier 2 prereq uisite measures and a defined number of Tier 2 elective measures.
CALGREEN TIER 1 AND TIER 2 PREREQUISITE MEASURES. Projects subject to Tier 1 or Tier 2 must fulfill all prerequisites as described within Appendix A4, Division A4.6 for residential projects and Appendix A5, Division A5.6 for non-residential projects.
CALGREEN TIER 1 AND TIER 2 ELECTIVE MEASURES. Projects subject to Tier 1 or Tier 2 must fulfill a defined number of electives as described within Appendix A4, Division A4.6 for residential projects and Appendix A5, Division A5.6 for non-residential projects.
CALGREEN INSPECTOR. An individual certified as a CALGreen Inspector/Plans Examiner through the International Code Council (ICC), demonstrating knowledge and application of Green Building concepts during plan review and inspection. For projects that require a CALGreen Inspector/Plans Examiner verification, the Inspector must be contracted directly with the owner and may not be a contractor or employee of the design or construction firm.
CERTIFIED ENERGY ANALYST. A person registered as a Certified Energy Analyst with the California Association of Building Energy Consultants as of the date of submission of a Certificate of Compliance as required under Section 10-103 of the Building Energy Efficiency Standards for Residential and Non-Residential Buildings.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of Water Resources Model Water Efficient Landscape Ordinance.
SALVAGE. Salvage means the controlled removal of items and material from a building, construction, or demolition site for the purpose of on- or off-site reuse, or storage for later reuse. Examples include air conditioning and heating systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, st air treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble, iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood fencing, lumber and plywood.
SUBSTANTIAL REMODEL (AKA 50-50-50 RULE). Any project or projects that affects the removal or replacement of 50% or more of the linear length of the existing exterior walls of the building, and/or 50% or more of the linear length of the existing exterior wall plate
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height is raised, and/or 50% or more of the existing roof framing area is removed or replaced, over a 3-year period.
Any permit(s) applied for will trigger a review of a 3-year history of the project. This review will result in determining if a substantial remodel has occurred.
The Chief Building Official or designee shall make the final determination regarding the application if a conflict occurs.
SQUARE FOOTAGE. For application of green building requirements, “ square footage ” refers to all new or altered square footage, including basement areas (7 feet or greater in height), as calculated based on outer boundary of proposed construction area, including exterior walls.
CHAPTER 3 – GREEN BUILDING
16.14.080 SECTION 301 - voluntary tiers added.
SECTION 301 of Chapter 3 of the California Green Building Standards Code is amended to read:
SECTION 301 GENERAL
301.1 S
cope. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code and any applicable local amendments. In addition, the City requires the use of Voluntary Tiers, as provided in Appendices A4 and A5, for certain residential and non -residential new construction, additions, and alterations.
301.1.1 Residential additions and alterations. [HCD] The Mandatory provisions of
Chapter 4 shall be applied to additions and/or alterations of existing residential buildings where the addition and/or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.
Tier 1 adopted (Residential). All residential building additions and/or alterations exceeding 1000 square feet must meet CALGreen Mandatory plus the Tier 1 measures , as
amended by this Chapter and as applicable to the scope of work.
For Tier 1 projects, the area of alterations will include any construction or renovation to an existing structure other than repair or addition. Alterations include raising the plate height, historic restoration, changes or rearrangements of the structural parts or elements, and changes or rearrangement of bearing walls and full height partitions.
Normal maintenance, reroofing, painting or wall papering, floor finishes, replacement-in-kind of mechanical, plumbing and electrical systems , or replacing or adding new kitchen counter and similar furniture, plumbing fixture to the building are excluded for the purposes of establishing scope of Tier 1 projects.
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The area of alteration should be limited to the footprint of element(s) being altered.
This does not exclude mandatory CALGreen measures. The sum of the footprint of the elements being altered with respect to Tier 1, shall be calculated using the following methodology:
1. Raising the plate height: The calculation with respect to raising of the plate height will be based on the area of the footprint in which the plate height is being increased. Plate height means the vertical distance measured from the top of the finished floor to the top of the plates.
2. Historic restoration: The calculation with respect to historic restoration will be based on the area of work covered in the California Historical Building Code (Title 24, Part 8).
3. Structural parts or elements : The calculation with respect to changes or rearrangements of the structural parts or elements will be based on the sum of the individual footprints of each structural change or rearrangement. The footprint shall be calculated based on the proposed design and inclusive of any demolished structural parts or elements.
4. Bearing walls and full height partition: The calculation with respect to changes or rearrangement of walls and full height partitions will be based on the footprint of any demolished wall or full height partition and any new wall or new full height partition.
Exception: Attached and detached Accessory Dwelling Units, ADU conversions of existing structures shall meet the California Green Building Standards Code Mandatory measures only.
301.2 Low-rise and high -rise residential buildings. [HCD] The provisions of individual sections of CALGreen may apply to either low -rise residential buildings, high -rise residential buildings, or both. Individual sections will be designated by banners to indicate where the section applies specifically to low -rise only (LR) or high -rise only (HR). When the section applies to both low-rise and high-rise buildings, no banner will be used.
301.2.1 Low-Rise residential new construction – Tier 2 adopted. All new constructed or substantial remodel projects must meet CALGreen Mandatory plus Tier 2 measure s , as
amended by this ordinance and as applicable to the scope of work.
301.3 Non-residential additions and alterations. [BSC] The provisions of individual sections of Chapter 5 apply to building non- residential additions of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building Standards Commission). Code sections relevant to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.
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A code section will be designated by a banner to indicate where the code section only applies to newly constructed buildings [ N] or to additions and alterations [ A]. When the code section applies to both, no banner will be used.
Tier 1 adopted. Non -residential alterations (including tenant improvements or renovations) of 5,000 square feet that include replacement of at least two of the following: HVAC system, building envelope, hot water sy stem, or lighting system, must comply with CALGreen Mandatory plus Tier 1 measures, as amended by this Chapter and as applicable to the scope of work.
Tier 2 adopted. Non-residential additions of 1000 square feet or greater must comply with CALGreen Mandatory plus Tier 2 measures, as amended by this Chapter and as applicable to the scope of work.
301.3.1 - 301.3.2 Unmodified.
301.3.3 Non -residential new construction – Tier 2 adopted. All new non -residential construction must meet CALGreen Mandatory plus Tier 2 measures, as amended by this ordinance and as applicable to the scope of work.
301.6 Special i nspector requirements. Residential and non -residential project owners subject to CALG reen Mandatory, CALG reen Mandatory plus Tier 1 , or CALGreen Mandatory plus Tier 2 measures shall contract a Special Inspector in accordance with section 702.2 of CALGreen, as amended.
301.7 Low -carbon concrete requirements for Tier 1 and Tier 2 projects. Plain and reinforced concrete installed as part of any project subject to the application of this code shall demonstrate compliance with the requirements of PAMC 16.14.240.
CHAPTER 4 – RESIDENTIAL MANDATORY MEASURES
Division 4.1 – PLANNING AND DESIGN
16.14.090 Section 4.106 SITE DEVELOPMENT
Section 4.106 of Chapter 4 of the California Green Building Standards Code is amended to add new subsections, 4.106.5 and 4.106.5.1 as follow:
4.106.5 ALL-ELECTRIC BUILDING / SITE. A building or parcel of land whose sole source of energy is electricity and contains no combustion equipment or plumbing for combustion equipment.
4.106.5.1 Full electrification. Full electrification is required for new buildings , substantial remodels, and new outdoor appliances/equipment such as gas grill, stove, barbeque, fireplace, firepit, heater for swimming pool/spa, and similar equipment.
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Division 4.3 – WATER EFFICIENCY AND CONSERVATION
16.14.100 Section 4.306 SWIMMING POOL AND SPA COVERS
Section 4.306 of Chapter 4 of the California Green Building Standards Code is added to read:
4.306 Swimming Pool and Spa Covers. Swimming pools and spas shall be provided with a vapor retardant cover.
Division 4.5 – ENVIRONMENTAL QUALITY
16.14.110 Section 4.509 Water heater replacement
Section 4.509 of Chapter 4 of the California Green Building Standards Code is added to read:
4.509 Water heater replacement. For existing residential building remodels or additions where the gas water heater is replaced or new water heater is added, the new water heater shall be a heat pump water heater (HPWH).
CHAPTER 7 – INSTALLER AND SPECIAL INSPECTOR QUALIFICATIONS
16.14.120 Section 702.2 Special inspection.
Section 702.2 of Chapter 7 of the California Green Building Standards Code is amended to read:
702.2 Green building special inspection. When required by the enforcing agency, the owner or responsible entity acting as the owner’s agent shall employ one or more Green Building Special Inspectors to provide inspection or other duties necessary to substantiate compliance with this code. Green B uilding Special Inspectors shall demonstrate competence to the satisfaction of the enforcing agency for the particular type of inspection or task to be performed. In addition to other certifications or qualifications acceptable to the enforcing agency, the following certifications or education may be considered by the enforcing agency when evaluating the qualifications of a Special Inspector. The City shall maintain a list of pre -approved Special Inspectors in accordance with this section. The owner shall contract a Special Inspector from the pre-approved list meeting one of the following:
1. Certification by a national or regional green building program:
ICC Certified CALGreen Inspector/Plans Examiner
2. Other programs acceptable to the enforcing agency.
Note: Special Inspectors shall be independent entities with no financial interest in the materials or the project they are inspecting for compliance with this code.
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APPENDIX A4 – RESIDENTIAL VOLUNTARY MEASURES
Division A4.1 – PLANNING AND DESIGN
16.14.130 Residential Projects. Appendix A4 Preface: Green Building Measures for Project Type and Scope.
A preface is added to Chapter A4 of the California Green Building Standards Code to read:
Preface - Green Building Requirements for Project Type and Scope. For design and construction of residential projects, the City of Palo Alto requires compliance with the mandatory measures of Chapter 4, in addition to use of Tier 1 and Tier 2 as specified in Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALG reen Mandatory, Tier 1 Prerequisites and Electives, and Tier 2 P rerequisites and Electives. All elective measures are adopted as written under Appendix A4 unless otherwise indicated in this Section.
16.14.140 Section A4.104 SITE PRESERVATION.
Section A4.104.1 of Appendix A4 of the California Green Building Standards Code is adopted as a
Tier 1 and Tier 2 elective measure and is amended to read:
A4.104.1 Supervision and Education by a Special Inspector. Individuals with oversight authority on the project, as defined in section 16.14.090 of this code, who have been trained in areas related to environmentally friendly development, shall teach green concepts to other members of the builder’s staff and ensure training and written instruction has been provided to all parties associated with the development of the project. Prior to the beginning of the construction activities, the builder shall receive a written guideline and instruction specifying the green goals of the project.
Note: Lack of adequate supervision and dissemination of the project goals can result in negative effects on green building projects. If the theme of green building is not carried through the project, the overall benefit can be substantially reduced by the lack of knowledge and information provided to the various entities involved with the construction of the project.
16.14.150 Section A4.105 Deconstruction and Reuse of Existing Materials.
Section A4.105 of Appendix A4 of the California Green Building Standards Code is not adopted as an elective measure and is amended to read:
Section A4.105.1 Chapter 5.24 of Title 5 of the Municipal Code. See Chapter 5.24 of the Municipal Code for the local deconstruction requirements.
Section A4.105.2 is adopted as a Tier 1 and Tier 2 elective measure .
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A4.105.2 Reuse of materials . Nonhazardous materials which can be easily reused include but are not limited to the following:
1. Light fixtures
2. Plumbing fixtures
3. Doors and trim
4. Masonry
5. Electrical devices
6. Appliances
7. Foundations or portions of foundations
Note: Reused material must be installed to comply the appropriate Title 24 provisions.
16.14.160 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 of Appendix A4 of the California Green Building Standards Code is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply with the Mandatory measures for electric vehicle supply equipment (EVSE) as amended in PAMC 16.14.420.
16.14.170 Section A4.106.9 Bicycle Parking.
Section A4.106.9 of Appendix A4 of the California Green Building Standards Code is not adopted
as a Tier 1 and Tier 2 elective measure. Projects must comply with the bicycle parking requirements in the Palo Alto Municipal Code.
16.14.180 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is added and adopted as a Tier 1 and Tier 2 elective measure for all covered projects and is amended to read:
A4.106.10 Light pollution reduction. Outdoor lighting systems shall be designed and installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting Zones 1 -4 as defined in Chapter 10 of the California Administrative Code; and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11; and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7 of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where BUG ratings are unavailable.
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Exceptions:
1. Luminaires that qualify as exceptions to the California Energy Code.
2. Emergency lighting.
3. One- and two-family dwellings.
Note: The International Dark -Sky Association (IDA) and the Illuminating Engineering Society of North America (IESNA) have developed a Model Lighting Ordinance (MLO).
The MLO was designed to help municipalities develop outdoor lighting standards that reduce glare, light trespass, and skyglow. The model ordinance and user guides for the ordinance may be accessed at the International Dark-Sky Association web site.
Division A4.2 – ENERGY EFFICIENCY
16.14.190 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Section A4.203.1 of Appendix A4 of the California Green Building Standards Code is not adopted
as a Tier 1 and Tier 2 elective measure. Projects shall comply with Chapter 16.17 of the Palo Alto Municipal Code (Energy Reach Code).
Division A4.3 – WATER EFFICIENCY AND CONSERVATION
16.14.200 SectionA4.304.3 Irrigation Metering Device.
Section A4.304.3 of Appendix A4 of the California Green Building Standards Code is adopted as a
Tier 1 and Tier 2 elective measure and is amended to read:
A4.304.3 Irrigation Metering Device. Dedicated irrigation meters from CPAU are to be installed in all new construction and rehabilitated landscapes when the landscape is greater than 1,000 square feet.
16.14.210 Section A4.305 Water Reuse Systems.
Sections A4.305.1, A4.305.2, and A4.305.3 of Appendix A4 of the California Green Building Standards Code are adopted as Tier 1 and Tier 2 elective measures and are amended to read:
A4.305.1 Graywater. Alternative plumbing piping is installed to permit the discharge from the clothes washer and other fixtures (except toilets and kitchen sinks) to be used for an irrigation system in compliance with the California Plumbing Code. In the event that the whole house graywater system is installed in compliance with the California Plumbing Code, then this measure shall count as 3 electives
.
A4.305.2 Recycled Water Piping. Based on projected availability, dual water piping is installed for future use of recycled water at the following locations:
1. Interior piping for the use of recycled water is installed to serve all water closets, urinals, and floor drains.
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2. Exterior piping is installed to transport recycled water from the point of connection to the structure. Recycled water systems shall be designed and installed in accordance with the California Plumbing Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water piping is used for landscape irrigation.
16.14.220 A4.305.4 Additions and alterations.
Section A4.305.4 is added as Tier 1 and Tier 2 prerequisite and amended to read:
A4.305.4 Additions and alterations. All multifamily residential additions and alterations must install recycled water infrastructure for irrigation when the landscape area exceeds 1,000 square feet.
Division A4.4 – MATERIAL CONSERVATION AND RESOUCE EFFICIENCY
16.14.230 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.403.1 is not
adopted as a Tier 1 and Tier 2 elective measure.
16.14.240 Section A4.403.2 Reduction in cement use.
Section A4.403.2 of Appendix A4 of the California Green Building Standards Code is adopted as a Mandatory measure for all Tier 1 and Tier 2
projects and is amended to read:
A4.403.2 Low Carbon Concrete Requirements.
A4.403.2.1 Purpose. The purpose of this chapter is to provide practical standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. This code includes pathways for compliance with either reduced cement levels or lower -emission supplementary cementitious materials.
A4.403.2.2 Definitions. For the application of this section the following definitions shall apply:
Concrete. Concrete is any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code.
Environmental product declaration (EPD) . EPDs present quantified environmental information on the l ife cycle of a product to enable comparisons between products fulfilling the same function. EPDs must conform to ISO 14025, and EN 15804 or ISO 21930, and have at least a "cradle to gate" scope (which covers product life cycle from resource extraction to the factory).
Upfront embodied carbon (embodied carbon) . The greenhouse gasses emitted in
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material extraction, transportation and manufacturing of a material corresponding to life cycle stages A1 (extraction and upstream production), A2 (transportation), a nd A3 (manufacturing). Definition is as noted in ISO 21930 and as defined in the Product Category Rule for Concrete by NSF dated February 22nd, 2019. https://www.nsf.org/newsroom_pdf/concrete_pcr_2019.pdf
A4.403.2.3. Compliance. Compliance with the requirements of this chapter shall be demonstrated through any of the compliance options in Sections 4.403.2.3.2 through
4.403.2.3.5:
Table A4.403.2.3 Cement and Embodied Carbon Limit Pathways
A4.403.2.3.1 Allowable Increases.
(1) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table A4.403.2.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes could include, but are not limited to, precast, prestressed concrete; beams and slabs above grade; and shotcrete (2) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approv ed EPD to have a plant- specific EPD lower than 1040 kg CO2e/metric ton. The increase in allowable cement content would be (1040 / plant=specific EPD) %.
A4.403.2.3.2 Cement Limit Method — Mix. Cement content of a concrete mix using this method shall not exceed the value shown in the Table
A4.403.2.3
https://library.municode.com/ca/marin_county/codes/municipal_code?nodeId=TIT1 9MACOBUCO_CH19.07CACORE_19.07.050CO. Use of this method is limited to concrete with
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specified compressive strength not exceeding 5,000 psi.
A4.403.2.3.3 Cement Limit Method — Project. Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cemen t content for a project shall not exceed the value calculated according to Equation A4.403.2.3.3.
Equation A4.403.2.3.3:
Cem proj < Cem allowed
where
Cem proj = ΣCem n v n and Cem allowed = ΣCem lim v n
and
n = the total number of concrete mixtures for the project Cem n = the cement content for mixture n , kg/m 3 or lb/yd 3 Cem lim = the maximum cement content for mixture n per Table A4.403.2.3https://library.municode.com/ca/marin_county/codes/municipal_code?nodeI d=TIT19MACOBUCO_CH19.07CACORE_19.07.050CO, kg/m 3 or lb/yd 3 v n = the volume of mixture n concrete to be placed, yd 3 or m 3 Applicant can use yd 3 or m 3 for calculation, but must keep same units throughout A4.403.2.3.4. Embodied Carbon Method — Mix. Embodied carbon of a concrete mix, based on an approved environmental product declaration (EPD), shall not exceed the value given in Table A4.403.2.3.
A4.403.2.3.5. Embodied Carbon Method — Project. Total embodied carbon (EC proj ) of all concrete mix designs within the same project shall not exceed the project limit (EC allowed ) determined using Table A4.403.2.3 and Equation A4.403.2.3.5.
Equation A4.403.2.3.5:
EC proj < EC allowed
where
EC proj = ΣEC n v n and EC allowed = ΣEC lim v n
and
n = the total number of concrete mixtures for the project EC n = the embodied carbon potential for mixture n per mixture EPD, kg/m 3 EC lim = the embodied carbon potential limit for mixture n per Table A4.403.2.3, kg/m3 v n = the volume of mixture n concrete to be placed, yd 3 or m 3 Applicant can use yd 3 or m 3 for calculation, but must keep same units throughout.
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A4.403.2.3.6. Enforcement.
As a condition prior to the issuance of every building permit involving placement of concrete, the permit applicant shall be required to submit a completed low -carbon concrete compliance form that shall be provided by and reviewed for compliance by the building department prior to issuing the permit.
As a condition of such building permits, and prior to approving construction inspections following placement of concrete , the permit applicant shall be required to submit batch certificates and/or EPDs provided by the concrete provider that demonstrate compliance with the low-carbon concrete compliance form on file with the building permit. The batch certificates and/or EPDs shall be reviewed for compliance by the building department prior to approving any further inspections.
When deviations from compliance with this section occur, the chief building official or his designee is authorized to require evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter.
For projects involving placement of concrete by, or on behalf of, a public works, parks, or similar department the director of such department, or his/her assignee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed, and shall report t his data annually to the governing body in a form expressing an annual compliance percentage derived from the quotient of total compliant concrete volume placed divided by total concrete volume placed.
A4.403.2.3.7. Exemptions.
(a) Hardship or infeasibility exemption. If an applicant for a project subject to this chapter believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below.
In applying fo r an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with this chapter; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with certain requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8).
(b) Granting of exemption. If the chief building official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of this chapter and that granting the requested exemption will not cause the building to fail to comply with the Cali fornia Building Standards Code, the chief building official shall determine the maximum feasible
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threshold of compliance reasonably achievable for the project. In making this determination, the chief building official shall consider whether alternate, practical means of achieving the objectives of this chapter can be satisfied. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the chief building official.
(c) Denial of exception. If the chief building official determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied and the applic ant shall be notified of the decision in writing. The project and compliance documentation shall be modified to comply with the standards for compliance.
16.14.250 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 of Appendix A4 of the California Green Building Standards Code is adopted as a mandatory measure and is amended to read:
A4.408.1 Enhanced Construction Waste Reduction. Nonhazardous construction and demolition debris generated at the site is diverted to recycle or salvage in compliance with the following:
Projects with a given valuation of $25,000 or more must have at least an 80 -percent reduction. Any mixed recyclables that are sent to mixed -waste recycling facilities shall include a qualified third party verified facility average diversion rate. Verification of diversion rates shall meet minimum certification eligibility guidelines, acceptable to the local enforcing agency.
Exceptions:
1. Residential stand-alone mechanical, electrical or plumbing permits.
2. Commercial stand-alone mechanical, electrical or plumbing permits.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with all construction and demolition waste reduction requirements.
Division A4.5 – ENVIRONMENTAL QUALITY
16.14.260 Section A4.504.1 Compliance with formaldehyde limits.
Section A4.504.1 of Appendix A5 of the California Green Building Standards Code is adopted as a Tier 1 and Tier 2 elective measure.
16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 of Appendix A5 of the California Green Building Standards Code is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.504.3 is adopted as a Tier 1 and Tier 2 elective measure.
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CHAPTER 5 – NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 – PLANNING AND DESIGN
16.14.280 Non-Residential Projects: Chapter 5 Preface Green Building Requirements for Project Type and Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
Preface – Green Building Requirements for Project Type and Scope. For design and construction of non-residential projects, the City requires compliance with the mandatory measures of Chapter 5, in addition to use of Tier 1 and Tier 2 as specified in Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALG reen MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A5 unle ss otherwise indicated in this Section.
16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
Section 5.106.1.1 of Chapter 5 of the California Green Building Standards Code is amended to read:
5.106.1.1 Local ordinance. Newly constructed projects and additions shall comply with additional storm water pollution prevention measures as applicable. (See Chapter 16.11, Storm Water Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.295 Section 5.106.8 Light pollution reduction
Section 5.106.8 of Chapter 5 of the California Green Building Standards Code is amended to read:
5.106.8 Light pollution reduction. Outdoor lighting systems shall be designed and installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting Zones 0-4 as defined in Chapter 10, Section 10-114 of the California Administrative Code; and
2. Backlight (B) ratings as defined in IES TM-15-11 (shown in Table A-1 in Chapter 8);
3. Uplight and Glare ratings as defined in California Energy Code (shown in Tables 130.2-A and 130.2-B in Chapter 8); and
4. Allowable BUG ratings not exceeding those shown in Table 5.106.8 [N]; or
5. Comply with a local ordinance lawfully enacted pursuant to Section 101.7, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where BUG ratings are unavailable.
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Exceptions:
1. Luminaires that qualify as exceptions in Section 103.2(b) and 140.7 of the California Energy Code.
2. Emergency lighting.
3. Building facade meeting the requirements in Table 140.7 -B of the California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as permitted by Section 101.8 Alternate materials, designs and methods of construction.
16.14.300 Section 5.106.13 All-Electric Buildings.
Section 5.106.13 5 of Chapter 5 of the California Green Building Standards Code is as a mandatory measure added to read:
5.106.13 ALL-ELECTRIC BUILDING / SITE. A building or parcel of land whose sole source of energy is electricity and contains no combustion equipment or plumbing for combustion equipment.
5.106.13.1 Full electrification. Full electrification is required for new build ings substantial remodels, and new outdoor appliances/equipment such as gas grill, stove, barbeque, fireplace, firepit, heater for swimming pool/spa, and similar equipment.
Division 5.3 – WATER EFFICIENCY AND CONSERVATION
16.14.330 Section 5.304.2 Invasive Species Prohibited.
Section 5.304.2 of Chapter 5 of the California Green Building Standards Code is added as mandatory measure to read:
5.304.2 Invasive species prohibited. All non-residential new construction, additions, and alterations shall not install invasive species in a landscape area of any size.
16.14.340 Section 5.306 Non-residential enhanced water budget.
Section 5.306 of Chapter 5 of the California Green Building Standards Code is added as mandatory measure to read:
5.306 Non-residential enhanced water budget. Non-residential buildings anticipated to use more than 1,000 gallons of water a day shall complete an Enhanced Water Budget Calculator as established by the Chief Building Official or designee.
16.14.350 Section 5.307 Cooling Tower Water Use.
Section 5.307 Cooling Tower Water Use is added as mandatory to read:
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5.307 COOLING TOWER WATER USE
5.307.1. Cooling Tower Water Use in Highrise Residential or Non-Residential Buildings.
Cooling tower water use must meet the conditions as follows and as outlined in Palo Alto Municipal Code Section 16.08.100. Projects are required to perform a potable water analysis at the site to meet the maximum concentration of parameters noted in Table
5.307.1
Table 5.307.1
Ca (as CaCO3) 600 ppm
Total alkalinity 500 ppm
SiO2 150 ppm
Cr 300 ppm
Conductivity 3300 Us/cm
Calculate maximum number of cycles that can be achieved with these levels of concentration shall be included in the plumbing design plans.
Division 5.4 – MATERIAL CONSERVATION AND RESOUCE EFFICIENCY
16.14.360 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 of Chapter 5 of the California Green Building Standards is added as mandatory measure to read:
5.410.4.6 Energy STAR portfolio manager. All non-residential projects exceeding $100,000 valuation must provide evidence of an Energy STAR Portfolio Manager project profile for both water and energy use prior to Permit Issuance, acquire an Energy STAR Portfolio Manager Rating, and submit the rating to the City of Palo Alto once the project has been occupied after 12 months.
16.14.370 Section 5.410.4.7 Performance reviews – energy.
Section 5.410.4.7 of Chapter 5 of the California Green Building Standards is added to read:
5.410.4.7 Performance reviews – energy. All projects over 10,000 square feet. The City reserves the right to conduct a performance review, no more frequently than once every five years unless a project fails review, to evaluate the building's energy use to ensure that resources used at the building and/or site do not exceed the maximum allowance set forth in the rehabilitation or new construction design. Following the findings and recommendations of the review, the City may require adjustments to the energy usage or energy -using equipment or syst ems if the building is no longer compliant with the original design. Renovation or rehabilitation resulting from such audit activity shall be considered a project and shall be subject to applicable documentation submittal
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requirements of the City. This sec tion is effective only for those projects for which a building permit was issued after January 1, 2009.
16.14.380 Section 5.410.4.8 Performance reviews – water.
Section 5.410.4.8 of Chapter 5 of the California Green Building Standards is added to read:
5.410.4.8 Performance reviews – water. All sites greater than one acre: The City reserves the right to conduct performance reviews, no more frequently than once every five years unless a project fails review, to evaluate water use to ensure that resources used at the building and/or site do not exceed a maximum allowance set forth in the rehabilitation or new construction design. Water use reviews may be initiated by CPAU , or as a coordinated effort between the CPAU and the Santa Clara Valley Water District (SCVWD), or as part of SCVWD's established water conservation programs. Following the findings and recommendations of the review, the City may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce consumption an d improve efficiency. Renovation or rehabilitation resulting from such audit activity shall be considered a project and shall be subject to applicable documentation submittal requirements of the City.
16.14.390 Section 5.506 Indoor Air Quality.
Section 5.506.4 of Chapter 5 of the California Green Building Standards is added as mandatory measure to read:
Section 5.506.4 Indoor Air Quality Management Plan. All commercial and multi- family projects must submit an Indoor Air Quality Management Plan (IAQ) with building permit application in accordance with the Sheet Metal and Air Conditioning Contractors National Association (SMACNA IAQ) Guidelines for Occupied Buildings Under Construction, 2nd edition ANSI/SMACNA 008-2008.
APPENDIX A5 – NONRESIDENTIAL VOLUNTARY MEASURES
Division A5.4 – MATERIAL CONSERVATION AND RESOUCE EFFICIENCY
16.14.400 Section A5.405.5 Cement and concrete.
Section A5.405.5 of Appendix A5 of the California Green Building Standards Code is adopted as a Mandatory measure for Tier 1 and Tier 2 projects and is amended to read:
A5.405.5 Cement and Concrete. Use cement and concrete made with recycled products and complying with the following sections and requirements per PAMC Chapter
16.14.240.
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16.14.410 Section A5.408 Construction Waste Reduction, Disposal and Recycling.
Section A5.408 of Appendix A5 of the California Green Building Standards Code is adopted as a Mandatory measure for Tier 2 projects and is amended to read:
A5.408.3.1 Waste enhanced construction waste reduction. (80% construction waste reduction) as a mandatory requirement for all non-residential construction, including new construction, additions, and alterations, as long as the construction has a valuation of $25,000 or more. Non-residential projects with a lower valuation shall remain subject to California Green Building Standards Code Chapter 5 mandatory measures.
Exceptions:
1. Residential stand-alone mechanical, electrical or plumbing permits.
2. Commercial stand-alone mechanical, electrical or plumbing permits.
A5408.3.1.1 - Deleted
A4.408.1.2 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with all construction and demolition waste reduction requirements.
APPENDIX A4 – RESIDENTIAL VOLUNTARY MEASURES - EVSE
Division A4.1 – PLANNING AND DESIGN
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is deleted in its entirety and adopted as a mandatory measure to read:
A4.106.8 Electric Vehicle (EV) Charging for Residential Structures. Newly constructed single family and multifamily residential structures, including residential structures constructed as part of a mixed -use development, shall comply with the following requirements for electric vehicle supply equipment (EVSE). All parking space calculations under this section shall be rounded up to the next full space. The requirements stated in this section are in addition to those contained in Section 4.106.4 of the California Green Building Standards Code. In the event of a conflict between this section and Section
4.106.4 of the California Green Building Standards Code, the more robust EV Charging requirements shall prevail.
A4.106.8.1 New one -family, two -family and townhouse dwellings. The following standards apply to newly constructed detached and attached single family, two -family and townhouse residences.
(a) In general. The property owner shall provide One (1) Level 2 electri cal vehicle supply equipment (EVSE) or one (1) EV ready space (Low Power Level 2 EV
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Charging Receptacle is acceptable provided that the infrastructure comply with section 4.106.4.1) for each residence (except for accessory dwelling unit (ADU)). (b) Location. The proposed location of a charging station may be internal or external to the dwelling and shall be in close proximity to an on -site parking space consistent with city regulations.
A4.106.8.2 New Multi -Family Dwellings. The following standards apply to newly constructed residences in a multi-family residential structure. (a) Resident parking. The property owner shall provide at least one (1) Level 2 electrical vehicle supply equipment (E VSE) or one (1) Level 2 EV Ready space for each residential unit in the structure (Low Power Level 2 EV Charging Receptacle is acceptable for 60% of the total EV parking spaces) . (b) Guest parking . The property owner shall provide EV Capable Space, EV -Ready Space, or EVSE Installed, for at least 25% of guest parking spaces, among which at least 5% (and no fewer than one) shall be EVSE Installed. (c) Accessible spaces. Projects shall comply with the 202 2 California Building Code requirements for accessible electric vehicle parking.
(d) Minimum total circuit capacity. The property owner shall ensure sufficient circuit capacity, as determined by the Chief Building Official or designee, to support the EV requirements specified in (a) and (b) above.
(e) Location. The EVSE, receptacles, and/or raceway required by this section shall be placed in locations allowing convenient installation of and access to EVSE. In addition, if parking is deed- restricted to individual residential units, the EVSE or receptacles required by subsection (a) shall be located such that each unit has access to its own EVSE or receptacle. Location of EVSE or receptacles shall be consistent with all city regulations.
A4.106.8.3 New Hotels and Motels. The following standards apply to newly constructed hotels.
(a) In general. The property owner shall provide at least 30% EV Ready Space and at least 10% Level 2 EVSE installed for of the total parking spaces. (b) Accessible spaces. Projects shall comply with the 202 2 California Building Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient circuit capacity, as determined by the Chief Building Official or designee , to support a Level 2 EVSE in every location where EV-Ready space or EVSE Installed is required. (d) Location. The EVSE and/or receptacles, required by this section shall be placed in locations allowing convenient installation of and access to EVSE. Location of EVSE or receptacles shall be consistent with all City guidelines, rules, and regulations.
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APPENDIX A5 – NONRESIDENTIAL VOLUNTARY MEASURES
Division A5.1 – PLANNING AND DESIGN
16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures.
Section A5.106.5.3 of the California Green Building Standards Code is adopted as a mandatory measure and amended to read:
A5.106.5.3 Electric Vehicle (EV) Charging for Non- Residential Structures. New non- residential structures shall comply with the follow ing requirements for electric vehicle supply equipment (EVSE). All parking space calculations under this section shall be rounded up to the next full space. The requirements stated in this section are in addition to those contained in Section 5.106.5.3 of the California Green Building Standards Code.
In the event of a conflict between this section and Section 5.106.5.3, the more robust EV Charging requirements shall prevail.
A5.106.5.3.5 Non- Residential Structures Other than Hotels. The following standards apply to newly constructed non-residential structures other than hotels.
In general. For building with 10 to 20 parking spaces, the property owner shall provide at least 20% EV Capable or EVSE-Ready space, and at least 20% Level 2 EVSE installed of the total parking spaces.
For building with over 20 parking spaces, the property owner shall provide at least 15% EV Capable or EVSE-Ready space, and at least 15% EVSE installed for of the total parking spaces
Accessible spaces. Projects shall comply with the 2022 California Building Code requirements for accessible electric vehicle parking.
Minimum total circuit capacity. The property owner shall ensure sufficient circuit capacity, as determined by the Chief Building Official or designee , to support a Level 2 EVSE in every location where EVSE Capable space, EVSE-Ready space or EVSE Installed is required.
Location. The EVSE, receptacles, and/or raceway required by this section shall be placed in locations allowing convenient installation of and access to EVSE. Location of EVSE or receptacles shall be consistent with all city regulations.
SECTION 2. The Council adopts the findings for local amendments to the California Green Building Standards Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
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section, subsection, sentence, clause or phrase the reof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA GREEN BUILDING STANDARD CODE TITLE 24, PART 11
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulati ons of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970 and have been carried through from year to year without significant chang e, need no required findings. Also, amendments to provisions not regulating buildings used for human habitation do not require findings.
Code: California Green Building Standard Code, Title 24, Part 11 Chapter(s),
Sections(s),
Appendices
Title Add Deleted Amended Justification
(See below of keys)
Ch. 1 ADMINSTRATION A
101.4 Appendices A
Administration and Enforcement A
202 Definition A
301 Voluntary tiers added C, E
301.1 Scope C, E
301.1.1 Residential additions and alterations C, E
301.2 Low-rise and high-rise residential buildings C, E 301.2.1 Low-Rise residential new construction –
Tier 2 adopted
C, E
301.3 Non-residential additions and alterations C, E 301.3.3 Non-residential new construction – Tier 2 C, E 301.6 Special inspector requirements C, E
301.7 Low-carbon concrete requirements for all
projects
C, E
4.106 Site Development C, E
4.306 Swimming pool and spa covers C, E
4.509 Heat pump water heater C, E
702.2 Special Inspection C, E
A4.104 Site preservation C, E
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A4.105 Deconstruction and reuse of existing
materials
C, E
A4.106.8 Electric Vehicle (EV) Charging for New
Construction
C, E
A4.106.9 Bicycle parking C, E
A4.106.10 Light pollution reduction C, E
A4.203.1 Performance Approach for Newly
Constructed Buildings
C , E
A4.304.3 Irrigation Metering Device C , E
A4.305 Water reuse systems C, E
A4.403.1 Frost protection foundation systems C, E
A4.403.2 Reduction in cement use C, E
A4.408.1 Enhanced Construction Waste Reduction C, E A4.504.1 Compliance with formaldehyde limits C, E
A4.504.3 Thermal insulation C, E
5.106.1.1 Local stormwater pollution prevention C, E
5.106.8 Light pollution reduction C
5.106.13 All-electric buildings E
5.304.2 Invasive Species C, E
5.306 Non-residential enhanced water
budget
E
5.307 Cooling tower water use C
A5.405.5 Cement and Concrete C, E
A5.408 Construction Waste Reduction, Disposal
and Recycling
C, E
5.410.4.6 Energy STAR portfolio manager C, E
5.410.4.7 Performance reviews – energy C, E
5.410.4.8 Performance reviews – water C, E
5.506.4 Indoor Air Quality Management Plan C, E
A4.106.8 Electrical Vehicle (EV) Charging for
Residential Structures
C, E
A4.106.8.1 New One-family, two-family and
townhouse dwellings
C, E
A4.106.8.2 New Multi-family Dwellings C, E
A4.106.8.3 New hotels C, E
A5.106.5.3 Electric Vehicle (EV) Charging for non-
residential structures
C, E
A5.106.5.3.5 Non-Residential Structures other than
hotels
C, E
Appendix
A4
Residential Voluntary Measures
C, E
Appendix
A5
Non-Residential Voluntary Measures
C, E
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry weathe r frequently results in wild land fires on the brush covered slopes west of Interstate 280. The aforementioned conditions combined with the geological characteristics of the hills within the City create hazardous conditions for which departure from Califor nia Building Standards Code is required. Natural gas combustion and gas appliances emit a wide range of air pollutants, such as carbon monoxide (CO), nitrogen oxides (NOx, including nitrogen dioxide (NO2)), particulate matter (PM), and formaldehyde, which according to a UCLA Study, have been linked to various acute and chronic health effects, and additionally exceed levels set by national and California-based ambient air quality standards. The burning of fossil fuels used in the generation of electric power and heating of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco Bay, that could put at risk Palo Alto homes and businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood Hazard areas of the City. Energy efficiency is a key component in reducing GHG emissions, and construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG emissions that contribute to climate change. All-electric new buildings benefit the health, safety, and welfare, of Palo Alto and its residents. Requiring all -electric construction, without gas infrastructure will reduce the amount of greenhouse gas produced in Palo Alto and will contribute to reducing the impact of climate change and the associated risks. Due to decrease in annual rain fall, Palo Alto experiences the effect of drought and water saving more than some other communities in California. Embodied carbon of concrete is a significant contributor to greenhouse gas emissions and climate change, and this amendment includes a requirement to use low-carbon concrete. Providing additional capacity for electric vehicle use reduces use of gasoline which is a major contributor to climate change.
E Green building enhances the public health and welfare by promoting the environmental and economic health of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites by incorporating green practices into all deve lopment. The green provisions in this Chapter are designed to achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Reduce the use of natural gas in buildings which improves indoor environmental quality and health;
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(c) Reduce the use of natural gas which will reduce the natural gas infrastructure and fire risk over time;
(d) Reduce the embodied carbon of concrete which reduces greenhouse gas emissions;
(e) Increase water and resource conservation;
(f) Reduce waste generated by construction and demolition projects; (g) Provide durable buildings that are efficient and economical to own and operate; (h) Promote the health and productivity of residents, workers, and visitors to the city; (i) Recognize and conserve the energy embodied in existing buildings; (j) Increase capacity for use of electric vehicles which reduces greenhouse gas emissions and improves air quality;
(k) Encourage alternative transportation; and
(l) Reduce disturbance of natural ecosystems.
G This amendment is justified on the basis of a local geological condition. The City of Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency. Reduction or eliminating of natural gas infrastructure over time will reduce maintenance costs and fire risk in difficult geological conditions.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and waste water run -off.
Also, the City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted. In addition, the reduction or elimination of natural gas infrastructure reduces the likelihood of fire or environmental damage should they become disrupted due to challenging topographic conditions during construction or repair.
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.17 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.17, California Energy Code, 2022 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1 . Chapter 16 .17 of the Palo Alto Municipal is hereby amended by repealing in its entirety Chapter 16.17 and adopting a new Chapter 16.17 to read as follows:
16.17 CALIFORNIA ENERGY CODE, Title 24, Part 6
16.17.050 2022 California Energy Code, Title 24, Part 6 adopted.
The California Energy Code, 20 22 Edition, Title 24, Part 6 of the California Code of Regulations together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein. Except as amended herein, all requirements of the California Energy Code, 20 22 Edition, Title 24, Part 6 of the California Code of Regulations shall apply.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and regulations to the chapters and sections of the former editions of the California Code of Regulations, Title 24, shall be construed to apply to the corresponding provisions contained within the California Code of Regulations, Title 24, 2022. Ordinance No. 5485 of the City of Palo Alto and all other ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
One copy of the California Energy Code, 2022 Edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.17.010 Cross - References to California Energy Code.
The provisions of this Chapter contain cross-references to the provisions of the California Energy Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.17.020 ADMINISTRATION & ENFORCEMENT OF 2022 CALIFORNIA ENEGY CODE
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
//
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16.17.030 Violations - Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each separate day or any portion thereof during which any violation of this Chapter occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the chief building official may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the chief building official shall issue and record a release of the notice of pendency of code violation.
SECTION 2. The Council adopts the findings for local amendments to the California Energy Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
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NOT YET ADOPTED
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SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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