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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
VARIOUS SECTIONS OF TITLE 24 (TECHNICAL CODES)
OF THE SAN JOSE MUNICIPAL CODE TO (1) ADOPT THE
2025 EDITIONS OF THE CALIFORNIA BUILDING CODE,
CALIFORNIA RESIDENTIAL CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY
CODE, CALIFORNIA WILDLAND URBAN INTERFACE
CODE, CALIFORNIA HISTORICAL BUILDING CODE,
CALIFORNIA FIRE CODE, CALIFORNIA EXISTING
BUILDING CODE, AND CALIFORNIA GREEN BUILDING
STANDARDS CODE; (2) FIND THAT THE CITY OF SAN
JOSE LOCAL CLIMATIC, GEOLOGICAL, AND
TOPOGRAPHICAL CONDITIONS WARRANT
ADDITIONAL PROTECTIONS IN THE SAN JOSE
MUNICIPAL CODE; AND (3) ADOPT LOCAL
AMENDMENTS REGARDING CERTAIN STRUCTURAL
DESIGN REQUIREMENTS, FIRE SPRINKLER
REGULATIONS, AND OTHER BUILDING REQUIREMENTS
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City of San José (“City”) may adopt the provisions of the California Building, Residential, Plumbing, Mechanical, Electrical, Existing Building, and Historical Building Codes with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of San José because of local climatic, geological and topographical conditions; and
WHEREAS, the City Council hereby makes the following findings with respect to local geological, topographical and climatic conditions relating to the amendments to the California Codes for which such findings are required:
A. The San Francisco Bay area region is densely populated and located in an area of high seismic activities. San José is bounded by the Hayward and San Andreas faults capable of producing major earthquakes.
B. Concern for fire-life safety associated with a structural failure due to a seismic event considering the increasing number of buildings in the region, the use of new structural systems, the poor performance of certain materials, and the quality of construction.
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C. Severe seismic events could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the Fire Department resulting to meet the fire and life safety needs of the community.
D. The local geographic, topographic, and climatic conditions pose an increase hazard in acceleration, spread, magnitude, and severity of potential fires in San José, and may cause a delayed response from emergency responders, allowing further growth of the fire.
E. Additional findings with respect to certain amendments to the California Codes are as set forth in specific Code sections.
F. Amendments to the California Codes have been adopted in the past by the City Council based on specific findings of local geographic, topographic and climatic conditions; and the City Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist.
G. The provisions of this Ordinance establishing certain more restrictive standards than the California Codes will better serve to prevent or minimize structural damage resulting from local conditions; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General procedure and policy making resulting in no changes to the physical environment); and
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, this City Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance; and
WHEREAS, the City Clerk is directed to submit this Ordinance upon enactment to the California Building Standards Commission for filing pursuant to applicable law;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 24.01.100 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.100 Purpose
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The purpose of this title is to provide for the administration and enforcement of the building, residential, plumbing, mechanical, electrical, wildland-urban interface, the existing building, building energy efficiency standards, green building standards code, and historical codes adopted by the City of San José.
SECTION 2. Section 24.01.120 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.120 Exemption for Pending Applications
A. The provisions of the 2022 2025 California Building, Residential, Plumbing, Mechanical, Electrical, Wildland-Urban Interface Codes, California Existing Building Code, California Historical Building Code, California Building Energy Efficiency Standards Code, California Green Building Standards Code and California Existing Building Code as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 20232026. Such buildings or structure shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions of this chapter in effect at the date of said application.
B. All other applications shall be processed in accordance with the provisions of the 2022 2025 edition of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, the California Existing Building Code, the California Electrical Code, the California Historical Building Code, the California Energy CodeBuilding Energy Efficiency Standards, the California Green Building Standards Code, and the California Existing Building Code, and the California Wildland-Urban Interface Code as adopted and amended herein.
SECTION 3. Section 24.01.218 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.218 Approved Agency
"Approved agency" means an established and recognized agency organization regularly engaged in conducting tests, or furnishing inspection services or furnishing product evaluation or certification where such organization , when the agency has been approved by the building official.
SECTION 4. Section 24.01.224 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.224 Building Code
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"Building code" means the California Building Code, or CBC, 2022 2025 edition, based on 2021 2024 International Building Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 5. Section 24.01.233 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.233 Electrical Code
"Electrical code" means the California Electric Code or CEC, 2022 2025 edition, based on 2020 2023 National Electric Code promulgated by the National Fire Protection Association, as amended and set forth in the California Building Standards Code, Title 24, Part 3 and in this title.
SECTION 6. Section 24.01.236 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.236 Existing Building
"Existing building" means a building legally erected prior to January 1, 2023 2026 or one for which a legal building permit has been issued.
SECTION 7. Section 24.01.237 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.237 Existing Building Code
"Existing building code" means the California Existing Building Code, or CEBC, 2022 2025 edition, based on 2021 2024 International Existing Building Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 8. Section 24.01.238 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.238 Fire Code
"Fire code" is the California Fire Code or CFC, 2022 2025 edition, based on 2021 2024 International Fire Code promulgated by the International Code Council, including the NVF:AFS:CLS
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appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in the California Code of Regulations and in this title.
SECTION 9. Section 24.01.239 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.239 Green Building Standards Code
"Green Building Standards Code" means the California Green Building Standards Code, or CAL Green, 2022 2025 edition, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this Title.
SECTION 10. Section 24.01.240 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.240 Historical Building Code
"Historical building code" means the California Historical Building Code, or CHBC, 2022 2025 edition, including the appendix thereto in Title 24 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto as amended in this title.
SECTION 11. Section 24.01.242 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.242 Listed and Listing
"Listed" and "listing" are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. Terms that are used to identify listed equipment, products or materials include “listed,” “certified,” “classified” or other terms as determined by the listing organization.
SECTION 12. Section 24.01.243 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.243 Building energy efficiency standardsEnergy Code
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with those omissions, amendments, exceptions and additions thereto as amended in this Title.
SECTION 13. Section 24.01.245 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.245 Mechanical Code
"Mechanical code" is the California Mechanical Code or CMC, 2022 2025 edition, based on 2021 2024 Uniform Mechanical Code promulgated by the International Association of Plumbing and Mechanical Officials, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 14. Section 24.01.260 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.260 Plumbing Code
"Plumbing code" is the California Plumbing Code, or CPC, 2022 2025 edition, based on 2021 2024 Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 15. Section 24.01.263 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.263 Repair
"Repair" is the reconstruction, replacement or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance and/or sustained damage.
SECTION 16. Section 24.01.265 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.265 Residential Code
"Residential code" means the California Residential Code, or CRC, 2022 2025 edition, based on 2021 2024 International Residential Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
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SECTION 17. Section 24.01.272 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.272 Technical Codes
"Technical codes" refer to those codes adopted by this chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined which include but are not limited to California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Existing Building Code, California Historical Building Code, California Building Energy Code Efficiency Standards, California Wildland-Urban Interface Code, and California Green Building Standards Code.
SECTION 18. A new section 24.01.273 is added to Chapter 24.01 of Title 24 of the San José Municipal Code to be numbered, entitled and to read as follows:
24.01.273 Wildland-Urban Interface Code
"Wildland-Urban Interface code" means the California Wildland-Urban Interface Code, or CWUIC, 2025 edition, based on 2024 International Wildland-Urban Interface Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 19. Section 24.01.350 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.350 Existing Occupancy
A. Buildings in existence on December 31, 2022 2025 may have their existing use or occupancy continued if the use or occupancy was legal at the time of the adoption of the building code, and provided continued use is not dangerous to life, health and safety.
B. A change in the use or occupancy of any existing building or structure shall comply with the provisions of Part 6 of Chapter 24.02 and Chapter 24.07.
SECTION 20. Section 24.01.500 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.500 Building Official Powers and Duties
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A. The building official is authorized and directed to enforce all of the provisions of this title, and the technical codes, excepting that the provisions of Chapter 9 of building code and part 7 California Wildland-Urban Interface code shall be enforced jointly with the chief of the fire department. For such purposes, the building official and the chief of the fire department, respectively, and their respective authorized representatives, shall each have the powers of a peace officer.
B. The building official shall have all of the following powers and authority subject to the direction and supervisory authority of the director with regard to:
1. The authority granted to the "building official" by this title and the CBC.
2. The authority granted to the "administrative authority" by this title, the CPC and CMC.
3. The authority required to enforce the CEC.
4. The authority required to enforce the CRC.
5. The authority required to enforce the CALGreen.
6. The authority required to enforce the CHBC.
7. The authority required to enforce the CEBC.
8. The authority required to enforce the California Energy CodeStandard.
SECTION 21. Section 24.02.120 of Chapter 24.02 of Title 24 of the San José Municipal Code is amended to read as follows:
24.02.120 Building Permit Exemptions
A. A building permit shall not be required for the following:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Part 7 California Wildland-Urban Interface Code despite exemption from permit.
2. Fences , other than swimming pool barriers, not over seven feet (2,134 mm) high.
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3. Oil derricks.
4. Nonfixed and movable fixtures cases, racks, counters and partitions not over five feet nine inches (1,753 mm) high.
5. Retaining walls which are not over four feet (1,219 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 III-A liquids.
6. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one.
7. Sidewalks and driveways not more than thirty inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route.
8. Decks, in Group R-3 occupancy, not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the required exit door.
9. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
10. Temporary motion picture, television and theater stage sets and scenery.
11. Window awnings, in Group R-3 and U occupancies, supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support.
12. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.
13. Replacement, repair or overlay of less than twenty-five percent of an existing roof within any twelve-month period.
14. Swings and other playground equipment accessory to detached one- and two-family dwellings.
15. Taping joints and sheetrock installations for unrated walls and ceilings.
B. Unless otherwise exempted by this title, separate plumbing, electrical and mechanical permits will be required for the above exempted items.
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SECTION 22. Section 24.02.130 of Chapter 24.02 of Title 24 of the San José Municipal Code is amended to read as follows:
24.02.130 Plumbing Permit Exemptions
A plumbing permit shall not be required for the following:
A. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become 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 title.
B. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
C. Reserved. The installation of one and twenty-eight hundredths (1.28) gallons per flush or less water closets installed in existing residential dwelling units or existing commercial restrooms, when done as part of a city water conservation retrofit incentive program. These exempted installations shall be limited to the replacement of non-water conserving water closets installed on existing roughed- in plumbing and shall not apply to water closet installations in new construction or addition, relocation or remodeling projects. Commercial restroom water closet replacements shall be made by a licensed plumbing contractor and shall comply with current accessibility requirements. Existing accessibility features may not be removed or diminished.
SECTION 23. Section 24.02.140 of Chapter 24.02 of Title 24 of the San José Municipal Code is amended to read as follows:
24.02.140 Mechanical Permit Exemptions
A mechanical permit shall not be required for the following:
1. A portable heating appliance.
2. Portable ventilating equipment.
3. A portable cooling unit.
4. A portable evaporative cooler.
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5. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the Mechanical Code.
6. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes.
7. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes.
8. A unit refrigerating system as defined in the Mechanical Code.
9. Self-contained refrigeration system containing 10 pounds (4.54kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75kW) or less.
SECTION 24. Section 24.02.150 of Chapter 24.02 of Title 24 of the San José Municipal Code is amended to read as follows:
24.02.150 Electrical Permit Exemptions
An electrical permit shall not be required for the following:
1. Minor repair work, including the replacement of lamps or the connection of approved Pportable electrical equipment to approved permanently installed receptacles. motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.
2. Reserved. Repair or replacement of fixed motors, transformers with secondary voltage of 50 volts or less for Class II and III wiring or fixed approved appliances of the same type and rating in the same location.
3. Listed cord and plug connected Ttemporary decorative lighting.
4. Reserved. Repair or replacement of current-carrying parts of any switch, conductor or control device.
5. Reinstallation of attachment plug receptacles, but not the outlets therefor.
6. Replacement of any branch circuit overcurrent device of the required capacity in the same location, in one- and two-family dwellings. except service equipment.
7. Reserved. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.
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8. Reserved.Installation or maintenance of communications wiring, devices, appliances, apparatus, or equipment.
9. Reserved. Removal of electrical wiring.
10. Installation of any Ttemporary system required for the testing or servicing of electrical equipment or apparatus. wiring for experimental purposes in suitable experimental laboratories.
11. The wiring for temporary theater, motion picture or television stage sets.Electrical equipment used for radio and television transmissions. This exemption does not apply to equipment and wiring for the power supply and the installations of towers and antennas.
12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy, except in hazardous (classified) locations, emergency systems, standby systems, energy storage systems, and energy management systems..
13. Reserved. Low-energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code.
14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence that is under the ownership and control of public service agencies by established right.by a public or private utility in the exercise of its function as a serving utility.
SECTION 25. Section 24.02.520 of Chapter 24.02 of Title 24 of the San José Municipal Code is amended to read as follows:
24.02.520 Required Building Inspections
The building official, upon notification, shall make the following inspections:
A. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.
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B. Concrete slab or under-floor inspection. To be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.
C. Protection of joints and penetrations in fire resistive assemblies, smoke barriers, and smoke partitions shall not be concealed from view until inspected and approved.
D. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
E. Frame inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved.
F. Lath and/or gypsum panel product inspections shallwallboard inspection. To be made after lathing and gypsum panel productswallboard, interior and exterior, is are in place but before plaster is applied or before gypsum panel productwallboard joints and fasteners are taped and finished.
G. Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use.
SECTION 26. Part 1 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
Part 1
Adoption of CBC Provisions
24.03.100 Adoption of Technical Provisions of California Building Code
A. Except as otherwise provided for in this chapter, the California Building Code, 2022 2025 edition (CBC) is hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CBC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
24.03.110 Portions of California Building Code Which Are Not Approved, Adopted or Incorporated by Reference
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A. The following portions of the California Building Code, 2022 2025 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the building code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Section 2505
24.03.115 Portions of California Building Code Appendices Are Approved, Adopted, or Incorporated by Reference
A. The following portions of the California Building Code, 2022 2025 edition, of the appendices are approved, adopted, or incorporated by reference.
1. CBC Appendix C, Agricultural Buildings.
2. CBC Appendix J, Grading.
3. CBC Appendix Q, Emergency Housing
24.03.120 Cross-references to California Building Code
The provisions of this chapter contain cross-references to the provisions of the CBC, 2022 2025 edition, in order to facilitate reference and comparison to those provisions.
24.03.130 Local Amendments
The provisions of this chapter shall constitute local amendments to the cross-referenced provisions of the CBC and shall be deemed to replace the cross-referenced section of the CBC with the respective provisions set forth in this chapter.
SECTION 27. Part 2 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
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Part 2
Special Detailed Requirements Based on Use and Occupancy (CBC Chapter 4)
24.03.210 Findings
The amendments set forth in this part are reasonably necessary because of the following local geological, topographical and climatic conditions:
A. San José is within a very active seismic area. Severe seismic action could disrupt communications, damage gas and water mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the fire department, resulting in failure of the Fire Department to meet and provide the fire protection and life safety needs of the community.
B. The local geographic, topographic, and climatic conditions pose an increased hazard in the acceleration, spread, magnitude, and severity of potential fires in the City of San José, and may cause disruptions in the operation of fire protection systems, equipment, and a delayed fire response time, allowing further growth of the fire.
C. If not amended, Sections 402.5, 403.3, 404.3, 410.6 of the CBC would allow omission of fire sprinkler coverage in certain areas of covered malls, high-rise buildings, buildings with atriums, stages, and platforms.
D. The requirement for total fire sprinkler coverage set forth in the amendment is a more restrictive standard which will better prevent fire damage which can result from local conditions.
24.03.220 Covered Mall Buildings (CBC 402)
Subsection 402.5 of CBC Section 402 is deleted and replaced with the following:
402.5 Automatic sprinkler system. Covered and open mall buildings and buildings connected shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, which shall comply with all of the following:
1. The automatic sprinkler system shall be complete and operative throughout occupied space in the covered mall building prior to occupancy of any of the tenant spaces. Unoccupied tenant spaces shall be similarly protected unless provided with approved alternate protection.
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tenant spaces are supplied by the same system, they shall be independently controlled.
3. Sprinkler protection for the tenant spaces of an open mall building shall be independent from that provided for the anchor buildings.
4. Sprinkler protection shall be provided beneath exterior circulation balconies located adjacent to an open mall.
5. Where tenant spaces are supplied by the same system, they shall be independently controlled.
Exception: Deleted
402.5.1 Standpipe system. The covered mall building shall be equipped throughout with a standpipe system as required by Section 905.3.3.
24.03.230 High-Rise Buildings (CBC 403)
Subsection 403.3 of CBC Section 403 is amended and replaced with the following:
403.3 Automatic sprinkler system. Buildings and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 403.3.3. A sprinkler water-flow alarm-initiating device and a control valve with a supervisory signal-initiating device shall be provided at the lateral connection to the riser for each floor.
Exception: Deleted
24.03.240 Atriums (CBC 404)
Subsection 404.3 of CBC Section 404 is deleted and replaced with the following:
404.3 Automatic sprinkler protection. An approved automatic sprinkler system shall be installed throughout the entire building.
Exceptions: Deleted
24.03.250 Stages and Platforms (CBC 410)
Subsection 410.6 of CBC Section 410 is deleted and replaced with the following:
410.6 Automatic sprinkler system. Stages shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1. Sprinklers shall be installed under the roof NVF:AFS:CLS
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and gridiron and under all catwalks and galleries over the stage. Sprinklers shall be installed in dressing rooms, performer lounges, shops, and storerooms accessory to such stages.
Exceptions: Sprinklers are not required within portable orchestra enclosures on stages.
Sprinklers are not required under catwalks and galleries where they are permitted to be omitted in accordance with Section 903.3.1.1.
SECTION 28. Part 4 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
Part 4
Automatic Fire Sprinkler Systems (CBC Chapter 9)
24.03.410 Findings
The amendments set forth in Parts 1 and 4 of this chapter are reasonably necessary because of the following local geological, topographical and climatic conditions:
A. San José is within a very active seismic area. Severe seismic action could disrupt communications, damage gas and water mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the fire department, resulting in failure of the Fire Department to meet and provide the fire protection and life safety needs of the community. San José is within a very active seismic area. Severe seismic action could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the fire department resulting in failure to meet the fire and life safety needs of the community.
B. The local geographic, topographic, and climatic conditions pose an increased hazard in the acceleration, spread, magnitude, and severity of potential fires in the City of San José, and may cause disruptions in the operation of fire protection systems, equipment, and a delayed fire response time, allowing further growth of the fire.
The local geographic, topographic and climatic conditions pose an increased hazard in the acceleration, spread, magnitude, and severity of potential fires in the City of San José, and may cause a delayed fire response time, allowing further growth of the fire.
C. This section adopts the latest standards currently listed by the State of California Fire Marshal's Office for automatic fire protection systems and includes references to the amendments to the standards made in the California Fire Code.
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D. The type of automatic fire sprinkler systems set forth in the amendment is a more restrictive standard which will better prevent fire damage which, which will better prevent fire damage that can result from local conditions.
24.03.415 Cross-References to California Fire Code
The provisions of this part contain cross-references to the provisions of the California Fire Code or CFC, 2022 2025 edition, in order to facilitate reference and comparison to those provisions.
24.03.425 Automatic Sprinkler Systems (CBC 903)
A. CBC Section 903 is deleted and replaced with the 202519 fire code amendments as amended by the San José Municipal Code Section 17.12.6420.
SECTION 29. Section 24.03.650 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.650 Resesrved Modification to ASCE 7-16, Section 12.12.3.
Equation 12.12-1 of Section 12.12.3 ASCE 7-16 is amended to read as follows:
(Equation 12.12-1)
δ M = C d δ max
where:
δ M = Maximum inelastic response displacement.
C d = Deflection amplification factor in Table 12.2-1 of ASCE 7. δ max = Maximum displacement defined in Section 12.8.4.3 of ASCE 7.
SECTION 30. Section 24.03.835 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.835 Braced Wall Panel Method (CBC Section 2308.610.3)
CBC Section 2308.610.3 is amended to read as follows:
2308.610.3 Braced Wall Panel Method. Construction of braced wall panels shall be by one or a combination of the methods in Table 2308.610.3(1). Braced wall length shall be in accordance with Section 2308.610.4 or 2308.610.5.
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TABLE 2308.10.1(1) – BRACING METHODS
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SECTION 31. Section 24.03.850 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.850 Section 2308.610.4
CBC Section 2308.610.4 is amended to read as follows:
2308.106.4 Braced Wall 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 at 16 inches (406 mm) on center and covering two stud spaces where studs are spaced at 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.
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 blocking or other framing equal in size to the studding except where waived by the installation requirements for the specific sheathing materials. Sole plates shall be nailed to the floor framing in accordance with Section 2308.610.7 and top plates shall be connected to the framing above in accordance with Section 2308.610.7.2. Where joists are perpendicular
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to braced wall lines above, blocking shall be provided under and in line with the braced wall panels.
SECTION 32. Section 24.03.858 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.858 Section 2308.610.5
CBC Section 2308.610.5 is amended to read as follows:
2308.610.5 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 Methods DWB, WSP, SFB, PBS, PCP or HPS.
CBC Sections 2308.610.5.1 and 2308.106.5.2 are adopted without amendments.
SECTION 33. Section 24.03.860 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.860 CBC Table 2308.610.1
CBC Table 2308.610.1 to be deleted and replaced with the following:
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SECTION 34. Section 24.03.870 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.870 Section 2308.610.9
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CBC Section 2308.610.9 is amended to read as follows:
2308.610.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.610.1 or 2304.10.12. Wall sheathing shall not be attached to framing members by adhesives.
All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (eighteen-gauge minimum) spaced at maximum twenty-four inches (6,096 mm) 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 twenty-four-inch (6,096 mm) intervals along the top plate of discontinuous vertical framing.
SECTION 35. Chapter 24.04 of Title 24 of the San José Municipal Code is amended to read as follows:
CHAPTER 24.04
PLUMBING CODE
Part 1
Adoption of CPC (Provisions)
24.04.100 Adoption of Technical Provisions of California Plumbing Code
A. Except as otherwise provided for in this chapter, the California Plumbing Code, 2022 2025 edition together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CPC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
24.04.110 Portions of California Plumbing Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Plumbing Code or CPC, 2022 2025 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the plumbing code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
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3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Section 612
24.04.120 Portions of California Plumbing Code Appendices Are Approved, Adopted, or Incorporated by Reference
A. The following portions of the California Plumbing Code or CPC 2022 2025 Edition appendices are approved, adopted, or incorporated by reference unless otherwise noted.
1. CPC Appendix A, Recommended Rules for Sizing Water Supply Systems.
2. CPC Appendix B, Notes on Combination Waste and Vent Systems.
3. CPC Appendix D, Sizing Stormwater Drainage Systems.
4. CPC Appendix H, Private Sewage Disposal Systems.
5. CPC Appendix G, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use With Type B Vents.
6. Reserved. CPC Appendix I, Installation Standards for PEX Tubing Systems.
7. CPC Appendix I, Installation Standards.
8. CPC Appendix M, Peak Water Demand Calculator.
SECTION 36. Chapter 24.05 of Title 24 of the San José Municipal Code is amended to read as follows:
CHAPTER 24.05
MECHANICAL CODE
Part 1
Adoption of CMC Provisions
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
24.05.100 Adoption of Technical Provisions of California Mechanical Code
A. Except as otherwise provided for in this chapter, the California Mechanical Code, 2022 2025 edition, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CMC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
24.05.110 Portions of California Mechanical Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Mechanical Code or CMC, 2022 2025 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the mechanical code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
SECTION 37. Chapter 24.06 of Title 24 of the San José Municipal Code is amended to read as follows:
CHAPTER 24.06
ELECTRICAL CODE
Part 1
Adoption of CEC Provisions
24.06.100 Adoption of Technical Provisions of California Electrical Code
A. Except as otherwise provided for in this chapter, the California Electrical Code, 2022 2025 edition, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations NVF:AFS:CLS
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are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CEC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
24.06.110 Portions of California Electrical Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Electrical Code or CEC, 2022 2025 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the electrical code of the City of San José:
1. Section 89.108.4
2. Section 89.108.5
3. Section 89.108.7
4. Section 89.108.8
5. Section 89.108.9
SECTION 38. Chapter 24.07 of Title 24 of the San José Municipal Code is amended to read as follows:
CHAPTER 24.07
CALIFORNIA EXISTING BUILDING CODE
Part 1
Adoption of CEBC Provisions
24.07.100 Adoption of Technical Provisions of the California Existing Building Code
A. Except as otherwise provided for in this chapter, the California Existing Building Code 2022 2025 edition together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CEBC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
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24.07.110 Portions of California Existing Building Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Existing Building Code, 2022 2025 edition, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the building code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Chapters 6 through 14
24.07.120 Portions of the California Existing Building Code Appendices Are Approved, Adopted, or Incorporated by Reference
The following portion of the California Existing Building Code 2022 2025 edition appendices are approved, adopted, or incorporated by reference.
1. Appendix A, Chapters A1 through A5
SECTION 39. Chapter 24.08 of Title 24 of the San José Municipal Code is amended to read as follows:
CHAPTER 24.08
RESERVED
WILDLAND-URBAN INTERFACE CODE
Part 1
Adoption of CWUIC (Provisions)
24.08.100 Adoption of Technical Provisions of the California Wildland-Urban Interface Code
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exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CWUIC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 40. Part 1 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
Part 1
Adoption of CRC (Provisions)
24.09.100 Adoption of Technical Provisions of California Residential Code
A. Except as otherwise provided for in this chapter, the California Residential Code, 2022 2025 edition together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CRC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
24.09.110 Portions of California Residential Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Residential Code, 2022 2025 edition, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the residential code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Chapter 1, Division II
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24.09.110.5 Portions of the California Residential Code Appendices Are Approved, Adopted, or Incorporated by Reference
A. The following portion of the California Residential Code or CRC 2022 2025 edition appendices are approved, adopted, or incorporated by reference.
1. Reserved.
2. Appendix AHBF; Patio Covers.
3. Appendix AKBG; Sound Transmission.
4. Appendix AXCI; Swimming Pool Safety Act.
5. Appendix BO; Existing Buildings and Structures.
24.09.111 Cross-References to California Residential Code
The provisions of this chapter contain cross-references to the provisions of the California Residential Code (CRC) in order to facilitate reference and comparison to those provisions.
SECTION 41. Section 24.09.225 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
24.09.225 Climatic and Geographic Design Criteria (CRC Section R301.2)
CRC Section R301.2 Table R301.2(1) is amended to read as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground
Snow
Load
Wind Design Seismic
Design
Category
Subject to Damage from
Speed
(mph)
Topographic
Effects
Special
Wind
Region
Windborne
Debris
Zone
Weathering Frost Line
Depth
(Inches)
Termite
0 110 No No No D1
through
E
Negligible 5 Very
High
Winter Design
Temp (°F)
Ice Barrier
Underlayment
Required
Flood Hazards Air Freezing Index Mean Annual
Temp (°F)
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40 No Refer to Chapter
17.08 of the San
José Municipal
Code
0 59.7
SECTION 42. Section 24.09.240 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
24.09.240 Automatic Fire Sprinkler Systems (CRC Section R313R309)
CRC Section R313 R309 is amended as follows
R313R309. Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D or 13R as amended in Section
17.12 of San José Municipal Code.
SECTION 43. Chapter 24.11 of Title 24 of the San José Municipal Code is amended to read as follows:
CHAPTER 24.11
CALIFORNIA HISTORICAL BUILDING CODE
Part 1
Adoption of CHBC Provisions
24.11.100 Adoption of Technical Provisions of the California Historical Building Code
A. Except as otherwise provided for in this chapter, the California Historical Building Code, 2022 2025 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CHBC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
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PASSED FOR PUBLICATION of title this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk