HomeMy WebLinkAboutOrd 13-22 Repealing, Replacing and Adding Chapters to the Dublin Municipal Code
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 1 of 4
ORDINANCE NO. 13 – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REPEALING AND REPLACING CHAPTERS 5.08 (FIRE CODE), 7.28 (BUILDING
REGULATION ADMINISTRATION CODE), 7.32 (BUILDING CODE), 7.34 (RESIDENTIAL
CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), 7.44 (MECHANICAL CODE),
7.48 (BUILDING MAINTENANCE CODE) AND 7.94 (GREEN BUILDING CODE) OF THE
DUBLIN MUNICIPAL CODE, AND REPEALING CHAPTER 7.24 (FLOOD CONTROL) AND
ADOPTING CHAPTER 7.24 (FLOODPLAIN MANAGEMENT REGULATIONS AND ADDING
CHAPTER 7.46 (EXISTING BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; IN
ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2022 EDITION OF
THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, CALIFORNIA CODE OF
REGULATIONS, AND ADDING CHAPTER 7.45 (SWIMMING POOL AND SPA CODE) OF
THE DUBLIN MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE, THE 2021
EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE, WITH LOCAL
AMENDMENTS
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the
California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable
to all occupancies throughout the State and effective one hundred and eighty days after
publication by the California Building Standards Commission (the “Commission”), or at a later date
established by the Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 permit a city to make such local amendments and modifications as the city determines
are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health
and Safety Code Section 17958.5 may not become effective until the required findings, and the
changes, have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances
that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of this Ordinance was published in accordance with Government Code
Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested
persons of the purpose of the ordinance and the subject matter thereof; and
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 2 of 4
The Dublin City Council does hereby ordain as follows:
Section 1. Chapters 5.08 (Fire Code), 7.24 (Flood Control) 7.28 (Building Regulations
Administration), 7.32 (Building Code), Chapter 7.34 (Residential Code), 7.36 (Electrical Code),
7.40 (Plumbing Code), 7.44 (Mechanical Code), 7.48 (Building Maintenance Code), and 7.94
(Green Building Code) of the Dublin Municipal Code are hereby repealed.
Section 2. Chapter 5.08 (Fire Code), which adopts by reference and amends the 2022
California Fire Code, is added to the Dublin Municipal Code as set forth in Exhibit A to this
Ordinance.
Section 3. Chapter 7.24 (Floodplain Management Regulations), is added to the Dublin
Municipal Code as set forth in Exhibit B to this Ordinance.
Section 4. Chapter 7.28 (Building Regulation Administration), is added to the Dublin
Municipal Code is as set forth in Exhibit C to this Ordinance.
Section 5. Chapter 7.32 (Building Code), which adopts by reference and amends the 2022
California Building Code is added to the Dublin Municipal Code as set forth in Exhibit D to this
Ordinance.
Section 6. Chapter 7.34 (Residential Code), which adopts by reference and amends the
2022 California Residential Code, is added to the Dublin Municipal Code as set forth in Exhibit E
to this Ordinance.
Section 7. Chapter 7.36 (Electrical Code), which adopts by reference and amends the
2022 California Electrical Code, is added to the Dublin Municipal Code as set forth in Exhibit F
to this Ordinance.
Section 8. Chapter 7.40 (Plumbing Code), which adopts by reference and amends the
2022 California Plumbing Code, is added to the Dublin Municipal Code as set forth in Exhibit G
to this Ordinance.
Section 9. Chapter 7.44 (Mechanical Code), which adopts by reference and amends the
2022 California Mechanical Code, is added to the Dublin Municipal Code as set forth in Exhibit
H to this Ordinance.
Section 10. Chapter 7.45 (Swimming Pool and Spa Code), which adopts by reference
and amends the 2021 International Swimming Pool and Spa Code, is added to the Dublin
Municipal Code as set forth in Exhibit I to this Ordinance.
Section 11. Chapter 7.46 (Existing Building Code), which adopts by reference and
amends the 2022 California Existing Building Code, is added to the Dublin Municipal Code as set
forth in Exhibit J to this Ordinance.
Section 12. Chapter 7.48 (Building Maintenance Code), which adopts by reference and
amends the 2021 International Property Maintenance Code, is added to the Dublin Municipal
Code as set forth in Exhibit K to this Ordinance.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 3 of 4
Section 13. Chapter 7.94, (Green Building Code), of the Dublin Municipal Code, which
adopts by reference and amends the 2022 California Green Building Standards Code, to the
Dublin Municipal Code as set forth in Exhibit L to this Ordinance.
Section 14. Effect of Code on Past Actions and Obligations. The adoption of the Dublin
Building, 2022, does not affect any civil lawsuit instituted or filed or prosecutions for ordinance
violations committed on or prior to the effective date of said Code, does not waive any fee or
penalty due and unpaid prior to the effective date of said Code, and does not affect the validity of
any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
Section 15. References to Prior Code. Unless superseded and expressly repealed,
references in City forms, documents and regulations to the chapters and sections of the former
Dublin Building Code, 2019, shall be construed to apply to the corresponding provisions contained
within the Dublin Building Code, 2022.
Section 16. No penalty clauses are adopted by reference pursuant to this Ordinance. At
least one true copy of codes adopted by reference pursuant to this Ordinance have been on file
with the City Clerk since fifteen days prior to enactment of this Ordinance. While Chapters 5.08,
7.32, 7.34, 7.36, 7.40, 7.44, 7.45, 7.46, 7.48, and 7.94 of the Dublin Municipal Code remain in
force, a reasonable supply of the incorporated codes shall be available in the office of the City
Clerk for public purchase.
Section 17. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 18. This Ordinance shall take effect on January 1, 2023. The City Clerk of the
City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Government Code Section 36933.
Section 19. The City Council hereby finds that the adoption of this Ordinance is exempt
from the California Environmental Quality Act (“CEQA”) pursuant to California Code of
Regulations Title 14, sections 15002 and 15378 as this Ordinance is not a “project” within the
meaning of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment because it does not authorize
the construction of any new large structures or other physical changes resulting in impacts to the
environment.
{Signatures on the following page}
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 4 of 4
PASSED AND ADOPTED BY the City Council of the City of Dublin on this 15th day of
November 2022, by the following votes:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
___________________________________
MAYOR
ATTEST:
_________________________________
CITY CLERK
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 5 of 108
Exhibit A
Chapter 5.08
FIRE CODE
Sections:
5.08.010 Title.
5.08.020 Purpose.
5.08.030 Adoption of Fire Code.
5.08.040 Authority.
5.08.050 Section 102.13 Applicability-Added.
5.08.060 Section 103.2 Appointment – Amended.
5.08.070 General Authority and Responsibilities.
5.08.080 Section 104.10, Requests for Alternative Means of Protection-Amended.
5.08.090 Section 111.1 Board of Appeals-Amended.
5.08.100 Section 113.1.1 Stop Work Order-Amended.
5.08.110 Chapter 2 Definitions-Amended.
5.08.120 Section 503.2.9 Specifications-Added.
5.08.130 Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2,
903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 – Deleted; 903.2.1.1#1, 903.2.1.2#1,
903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and 903.2.30 -
Added.
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
5.08.150 Section 907.1-Amended; Sections 907.11, 907.11.1, 907.11.2 and 907.11.3-
Added.
5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions-Amended.
5.08.170 Section 5601.1.3 Fireworks-Amended.
5.08.180 Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited-
Amended.
5.08.190 Section 5706.2.4.4 Locations where above-ground tanks are prohibited-
Amended.
5.08.200 Section 5806.2 Limitations-Amended.
5.08.210 Section 6104.2 Maximum capacity within established limits-Amended.
5.08.220 New Materials, Processes or Occupancies which may require permits.
5.08.230 Section 112.4.1 Violation penalties-Amended
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 6 of 108
5.08.010 Title.
The Fire Codes adopted by Section 5.08.030 and the provisions of this Chapter shall constitute
the Dublin Fire Code and may be referred to as such.
5.08.020 Purpose
The promotion and preservation of the public health, safety, and general welfare of the people
of the City and the property situated therein have made necessary the adoption of the
International Fire Code referred to in Section 5.08.030 in order to adequately safeguard life,
health, property, and general welfare. The purpose of this Code is not to create or otherwise
establish or designate any particular class or groups of persons who will or should be especially
protected or benefited by the terms of this Code.
5.08.030 Adoption of Fire Codes.
The 2022 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a portion
of the California Building Standards Code, as defined in California Health and Safety Code
Section 18901 (hereinafter referred to as the “state code”), including Section 103.2, 104.9,
105.2.3, 105.3.1, 105.3.2, 113, 307, 308.2, 308.3, 503, Appendices D, and any rules and
regulations promulgated pursuant to the state code, and the International Fire Code, 2021 Edition,
as published by the International Code Council (hereinafter referred to as the “IFC”), are hereby
adopted and incorporated by reference herein for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, hazardous materials or explosion.
Notwithstanding the foregoing, the provisions of the state code and the IFC are amended as set
forth in Sections 5.08.050 through 5.08.230, inclusive. Copies of the state code, IFC have been
and are now filed in the Office of the City Clerk, 100 Civic Plaza, Dublin, California, for use and
examination by the public. From the date on which the Ordinance that codified this chapter shall
take effect, the provisions of the state code and IFC shall be controlling within the limits of the City
of Dublin.
5.08.040 Authority.
The Fire Department referred to herein and in codes adopted pursuant to Section 5.08.030 shall
be the entity which provides fire suppression and prevention services to the City by contract, and
the Fire Chief or Fire Code Official referred to herein and in codes adopted pursuant to Section
5.08.030 shall be the Fire Chief of the Fire Department, or his or her designee, acting under the
direction of the City Manager.
5.08.050 Section 102.13 Applicability-Added.
Section 102.13 is added to read as follows:
102.13 Applicability. Where not otherwise limited by law, the provisions of this Code
shall apply to vehicles, cargo containers, ships, boats, and mobile vehicles when fixed in a
specific location within the boundaries of this jurisdiction.
5.08.060 Section 103.2 Appointment – Amended.
Section 103.2 is amended to read as follows:
103.2 Appointment. The fire code official shall be appointed by the fire chief for the City
of Dublin.
5.08.070 General Authority and Responsibilities.
Sections 104.2.1, 104.2.2, 104.2.3, and 104.2.4 are added to read as follows:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 7 of 108
104.2.1 Fee for Plan Review, Inspection and Permits. The City Council may, by
resolution, establish a schedule of nondiscriminatory fees to be charged and collected for
plans submitted under Section 104.2, solely to defray the City’s reasonable costs for plan
review of fire protection equipment and systems, requested or required inspection services
and issuance of permits. .
104.2.2 Permit Processing Fee. Each application for a permit shall be accompanied by
a fee equal to forty percent (40%) of the total permit fee rounded off to the nearest dollar.
The permit processing fee shall be credited toward the total permit fee required. After
permit processing has commenced, no portion of the permit processing fee shall be
refundable.
104.2.3 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior
to the expiration of the permit provided that the work authorized under the permit
has not commenced. Thirty percent (30%) of the permit fee may be refunded to the
applicant after a permit has expired provided that the work has not commenced, but
in no case shall any refund be allowed after one (1) year from the date of expiration
of the permit. Requests for refund shall be in writing. Any expenses incurred by the
City other than the permit processing fee may be deducted from the refund.
B. If there was an error in calculating the amount of the permit fee and such
error resulted in overpayment of the permit fee, the amount of overpayment may be
refunded.
104.2.4 Fees-Partially completed work.
A. Where permits expire and the work has not been completed and a new permit
is subsequently issued for the completion of the work, the fee for the new permit
shall be a percentage of the amount of the fee in effect at the time of issuance of
the new permit.
Completed Inspections Percent of Permit Fee
1. If no inspections have 30
been made.
2. If rough inspection 15
has been made.
B. The fee determined by the foregoing shall be rounded to the nearest dollar.
5.08.080 Section 104.10, Requests for Alternative Means of Protection-Amended.
Section 104.10. is amended to read as follows:
104.10 Requests for Alternative Means of Protection. Requests for approval to use
an alternative material, assembly or materials, equipment, method of construction, method
of installation of equipment, or means of protection shall be made in writing to the Fire
Code Official by the owner or owner’s authorized representative and shall be accompanied
by a full statement of the conditions. Sufficient evidence of proof shall be submitted to
substantiate any claim that may be made regarding its conformance. The Fire Code
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 8 of 108
Official may require tests and the submission of a test report from an approved testing
organization to substantiate the equivalency of the proposed alternative means of
protection.
Approval of a request for the use of an alternative material, assembly or materials,
equipment, method of construction, method of installation of equipment, or means of
protection shall be limited to the particular case covered by the request and shall not be
construed as establishing any precedent for any future request.
5.08.090 Section 111.1 Board of Appeals-Amended.
Section 111.1 is amended to read as follows:
109.1 Board of Appeals-Established.
A. Any person aggrieved with the decision of the Fire Chief in connection with the
application or interpretation of this Code or an approval of alternative materials or methods
of construction may appeal to the City Council. Such appeal shall be in writing and filed
with the City Clerk within ten (10) days.
B. The City Council may, after hearing, interpret any provision of this Code.
C. The City Council may after hearing, vary the application of this Code in any specific
cases when, in its opinion, the enforcement thereof would be contrary to the spirit and
purpose of this Code or public interest. The City Council in granting a variance may impose
requirements or conditions to mitigate any adverse effects that may result from granting
the grievance.
D. In making such interpretation or granting any variance, the City Council shall make
the following findings:
1. That the interpretation or variance is consistent with the purpose of this Code;
2. That the interpretation or variance will not lessen the protection to the people of the
City and the property situated therein.
E. The City Council may approve alternate materials or methods of construction by
overruling the decisions of the Fire Chief. In approval of any alternate materials or methods
of construction, the City Council shall make findings that the material, method or work
proposed is for the purpose intended, at least equivalent of that prescribed by this Code in
quality, strength effectiveness, fire resistance, durability, dimensional stability and safety.
F. The City Council may appoint a Board of Appeals to hear a specific appeal. The
Board of Appeals shall consist of five (5) members qualified by training and experience to
pass on matters pertaining to the subject matter of the appeal. The Board of Appeals shall
have the same authority and duties as the City Council in interpreting this Code, granting
variances, or approving alternate materials or methods of construction. The Fire Chief
shall be an ex officio member of the Board of Appeals and shall act as secretary to the
Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting
its hearings and investigations.
G. The decision of the City Council or Board of Appeals shall be final.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 9 of 108
5.08.100 Section 113 Stop Work Order-Amended.
Section 113.1.1 is added to read as follows:
113.1.1 Stop Work Order. Whenever any installation of fire protection devices covered
by this Code is concealed without first having been inspected, the Fire Chief may require,
by written notice, that such work shall be exposed for inspection. Whenever any
construction or installation work is being performed in violation of the plans and
specifications as approved, a written notice shall be issued to the responsible party to stop
work on that portion of the work which is in violation. The notice shall state the nature of
the violation, and no work shall be done on that portion of the project until the violation has
been corrected.
Where work for which a permit is required by this Chapter is started or proceeds prior to
obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as
follows:
Violation within two-year period Penalty Fee
First Equal to the permit fee
Second Double the permit fee
Third and subsequent Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully complying with
all of the provisions of this Chapter.
5.08.110 Chapter 2 Definitions-Amended.
Chapter 2 is amended by adding the following definitions to Section 202:
Section 202 General Definitions.
City Council shall mean the governing body of the City of Dublin.
City Manager shall mean the City Manager of the City of Dublin or his or her designee.
Fire Trail means a graded firebreak of sufficient width, surface, and design to provide
access for personnel and equipment to suppress and to assist in preventing a surface
extension of fires.
Fuel break means a wide strip or block of land on which the vegetation has been
permanently modified to a low volume fuel type so that fires burning into it can be more
readily controlled.
5.08.120 Section 503.2.9 Specifications-Added.
Section 503.2.9 is added to read as follows:
503.2.9 Fire and Emergency Access Roads approved for construction sites shall be
designed to meet the requirements of Section 503.2. The access shall be approved by the
Fire Department prior to commencement of combustible storage or vertical combustible
construction on the site.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 10 of 108
5.08.130 Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2,
903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 – Deleted; 903.2.1.1#1, 903.2.1.2#1,
903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and 903.2.30 -
Added.
Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2, 903.2.4#3,
903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and
903.2.10.1 are deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1,
903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11., are amended to
read as follows; and Sections 903.2.13 and 903.2.30 are added to read as follows:
903.2.1.1 Group A-1 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m²).
903.2.1.2 Group A-2 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m²).
903.2.30.3 Group A-3 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m²).
903.2.30.3 Group A-4 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m²).
903.2.30 Group E Occupancies.
1. Throughout all Group E fire areas greater than 3,000 square feet (279 m²).
903.2.4 Group F Occupancies.
An automatic sprinkler system shall be provided throughout all buildings containing
a Group F occupancy where one of the following conditions exists:
903. A Group F fire area exceeds 2,500 square feet (232 m²).
903.2.7 Group M Occupancies.
1. A Group M fire area exceeds 2,500 square feet (232 m²).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in all Group S occupancies as follows:
1. The fire area exceeds 2,500 square feet (232 m²);
2. Buildings with repair garages servicing vehicles parked in basements.
903.2.11.3 Buildings Three Or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies, regardless of type of
construction, if the building is three or more stories or more than 35 feet in height measured
from the pad grade level to the highest point of the building. An automatic sprinkler system
shall be installed in all other occupancies as may be required by the 2022 California
Building and Residential Code.
903.2.13 Group B Occupancies.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 11 of 108
An automatic fire-extinguishing system shall be installed in Group B occupancies
where the floor area exceeds 3,000 square feet (279 m²).
903.2.30 All Occupancies.
An automatic fire-extinguishing system shall be installed in all occupancies located more
than one and one half (1½) miles from a fire station providing fire protection to that
location. Said distance shall be measured in a straight line.
Buildings containing portions which are required to have an automatic fire extinguishing
system because of the number of stories shall have the automatic fire extinguishing
system installed throughout and fire walls as set forth in Section 706 shall not be
considered as creating separate buildings for the purpose of this section.
Whenever an addition is made to an existing building, automatic fire-extinguishing
systems shall be installed if the existing building plus the addition exceeds the area or
height limitations set forth in this section. Whenever the use of an existing building or
portion thereof is changed in any manner so as to require the installation of an automatic
fire-extinguishing system, said system shall be installed in that portion of the building
housing the new use.
(Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2,
903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1,
903.2.10, and 903.2.10.1 are deleted)
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
Section 903.6 is amended, and Section 903.6.2 and 903.6.3 are added to read as follows:
903.6 Existing Buildings. All changes of occupancy classification in existing buildings
shall comply with the requirements contained in Section 903.2 of this Code and Table 506.2
of the California Building Code.
903.6.2 When an addition to an existing building causes the total square footage of the
building to exceed the maximum floor area specified in Table 506.2 of the California
Building Code, fire sprinklers shall be installed throughout the entire building. Addition or
alteration that removes 50% or more of the existing exterior walls of a building shall be
considered a new building for the purposes of Section 903.
903.6.3 Existing buildings which do not conform to Current Building Code or Fire Code
requirements may be required to install an automatic fire extinguishing system when an
interior alteration or remodeling occurs, regardless of whether the floor area is increased
or use changed. It shall be the responsibility of the Fire Code Official and the Building
Official to evaluate the work being performed, non-complying features, and determine if an
automatic fire extinguishing system will be required.
5.08.150 Section 907.1-Amended; Sections 907.11, 907.11.1, 907.11.2 and 907.11.3-
Added.
Section 907.1 is amended and Sections 907.11, 907.11.1, 907.11.2 and 907.11.3 are added to
read as follows:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 12 of 108
907.1 General. This section covers the application, installation, performance and
maintenance of fire alarm systems and their components in new and existing buildings and
structures. The requirements of Section 907.2 are applicable to new buildings and structures.
The requirements of Section 907.9 are applicable to existing buildings and structures. In the
event of a conflict between this section and the provisions of Chapter 5.20 of the Dublin
Municipal Code, the provisions of this section shall control.
907.11 False Alarms.
907.11.1 Excessive False Alarms. Malfunctions, or mechanical trip of any sprinkler alarm or
other fire protection or detection system resulting in an alarm and emergency dispatch of the
Fire Department shall be subject to a false alarm charge as established by this Code.
Exception: During a thirty (30) day period following the installation of any new fire alarm
system, the Fire Chief shall determine if the false alarms emanating from said new installation
are excessive.
907.11.2 Charges. After the initial thirty (30) day period following the installation of a new
system, two (2) false alarms within a consecutive ninety (90) day period shall be deemed
excessive and will be charged as false alarms.
907.11.3 False Alarm charges are as follows:
1st false alarm - Warning Letter
2nd false alarm in any 90 day period- $100.00
3rd and subsequent false alarms in
any 90 day period- $200.00
5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions-Amended.
Section 5003.2.4.2 is amended to read as follows:
5003.2.4.2 Above-ground tanks. Above-ground stationary tanks used for the storage of
hazardous materials shall be located and protected in accordance with the requirements
for outdoor storage of the particular material involved. Notwithstanding the foregoing,
above-ground stationary tanks used for the storage of flammable or combustible liquids is
prohibited in any area zoned for other than commercial, industrial, or agricultural use.
Exception: Above-ground tanks that are installed in vaults complying with Section
5303.16 or 5704.2.8 shall not be required to comply with location and protection
requirements for outdoor storage.
5703.2.4.2.1 Marking. Above-ground stationary tanks shall be marked as required
by Section 5003.5.
5.08.170 Section 5601.1.3 Fireworks-Amended.
Section 5601.1.3 is amended to add a fifth exception as follows:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 13 of 108
5. The sale, use and discharge of fireworks are allowed in accordance with Chapter 5.24
of the Dublin Municipal Code.
5.08.180 Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited-
Amended.
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for
other than commercial, industrial, or agricultural use.
5.08.190 Section 5706.2.4.4 Locations where above-ground tanks are prohibited –
Amended.
Section 5706.2.4.4 is amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for
other than commercial, industrial, or agricultural use.
5.08.200 Section 5806.2 Limitations-Amended.
Section 5806.2 is amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside
of buildings is prohibited within the limits established by law and in any area zoned for other
than commercial, industrial, or agricultural use.
5.08.210 Section 6104.2 Maximum capacity within established limits-
Amended.
Section 6140.2 is amended to read as follows:
6104.2 Maximum Capacity Within Established Limits. The limits referred to in Section
6104.2 of the 2022 California Fire Code in which storage of compressed natural gas is
prohibited, are hereby established as follows: Any area zoned for other than commercial,
industrial, or agricultural use.
5.08.220 New Materials, Processes or Occupancies which may Require Permits.
The City Manager, the Fire Chief and the Fire Code Official shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard, any new materials,
processes or occupancies for which permits are required in addition to those enumerated in the
2022 California Fire Code. The Fire Code Official shall post such list in a conspicuous place at
the Dublin Civic Center and distribute copies thereof to interested persons.
5.08.230 Section 112.4 Violation penalties-Amended
Section 112.4 Violation Penalties is amended to read as follows:
112.4 Violation penalties.
A. Any person who violates any provisions of the 2022 California Fire Code as adopted
and amended herein or fails to comply therewith, or who violates or fails to comply with any
order made thereunder, or who builds in violation of any detailed statement of specification
or plans submitted and approved thereunder, or any certificate or permit issued thereunder,
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 14 of 108
and from which no appeal has been taken, or fails to comply with such an order as affirmed
or modified by the City Council or by a court of competent jurisdiction, within the required
time, shall severally for each such violation and noncompliance, respectively, be guilty of
an infraction.
B. Any person convicted of an infraction under the provisions of this Ordinance shall
be punished upon a first conviction by a fine of not more than one hundred dollars ($100),
and for a second conviction within a period of one (1) year by a fine of not more than two
hundred dollars ($200), and for a third or any subsequent conviction within a one (1) year
period by a fine of not more than five hundred dollars ($500). Any violation beyond the
third conviction within a one (1) year period may be charged by the District Attorney as a
misdemeanor and the penalty for conviction of the same shall be a fine or imprisonment,
or both, not to exceed the limits set forth in the California Penal Code Section 19.
C. At the discretion of the Fire Chief, any such violation constituting an infraction under
this Ordinance may, instead, be charged and prosecuted as a misdemeanor, punishable
by a fine or imprisonment, or both, not to exceed the limits set forth in California Penal
Code Section 19.
D. In addition to the penalties provided in this section, any condition caused or
permitted to exist in violation of any of the provisions on this Ordinance shall be deemed a
public nuisance and may be summarily abated by the City as such.
E. Each person shall be guilty of a separate offense for each and every day during
any portion of which any violation of any provisions of this Ordinance is committed,
continued or permitted by such person and shall be punishable accordingly.
F. The Fire Chief shall have the power to designate by written order that particular
officers or employees shall be authorized to enforce particular provisions of this Ordinance.
Officers or employees so designated shall have the authority to cite or arrest persons who
violate any of said provisions.
5195828.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 15 of 108
Exhibit B
Chapter 7.24
FLOODPLAIN MANAGEMENT REGULATIONS
Sections:
Part I Scope and Administration
Article I. Scope and Administration
7.24.010 Title.
7.24.020 Statutory authority.
7.24.030 Scope.
7.24.040 Purposes and objectives.
7.24.050 Coordination with Building Codes.
7.24.060 Adoption of CCR Title 24 Part 2 Appendix G.
7.24.070 Warning.
7.24.080 Disclaimer of liability.
7.24.090 Other laws.
7.24.100 Abrogation and greater restrictions.
Article II. Applicability
7.24.110 General applicability.
7.24.120 Establishment of Flood Hazard Areas.
7.24.130 Interpretation.
Article III. Duties and Powers of the Floodplain Administrator
7.24.140 Designation.
7.24.150 General authority.
7.24.160 Coordination.
7.24.170 Duties.
7.24.180 Other permits required.
7.24.190 Substantial improvement and substantial damage determinations.
7.24.200 Department records.
Article IV. Site Plans and Documentation
7.24.210 Additional site plan information.
7.24.220 Additional engineering data.
7.24.230 Additional submittal requirements.
7.24.240 Information in flood hazard areas without base flood elevations (approximate
Zone A).
Article V. Variances
7.24.250 Variances, in addition.
7.24.260 Agricultural structures.
Article VI. Violations
7.24.270 Violations, general.
7.24.280 Buildings and structures.
7.24.290 Authority.
7.24.300 Unlawful continuance.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 16 of 108
Part II Definitions
Article VII. Definitions
7.24.310 General.
7.24.320 Definitions.
Part III Flood Resistant Development
Article VIII. Subdivisions
7.24.330 Subdivisions, in addition.
Article IX. Site Improvement
7.24.340 Site improvement, in addition.
7.24.350 Limitations on placement of fill.
Article X. Manufactured Homes
7.24.360 Installation, in addition.
7.24.370 Elevation requirement for certain existing manufactured home parks and
subdivisions.
Article XI. Accessory Structures
7.24.380 Detached garages and accessory storage structures.
Article XII. Flood Control Projects
7.24.390 Flood control projects; general.
7.24.400Flood control projects; applications.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 17 of 108
Part I Scope and Administration Article I. Scope and Administration
7.24.010 Title.
These regulations, in combination with the flood provisions of California Code of Regulations Title
24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2
(7.32 Building) and Part 2 Appendix G (hereinafter “Appendix G”), Part 2.5 (7.34 Residential), and
Part 10 (7.46 Existing Building), shall be known as the Floodplain Management Regulations of
City of Dublin (hereinafter “these regulations”).
7.24.020 Statutory authority.
Legislature of the State of California has, in Government Code Sections 65302, 65560, and
65800, conferred upon local governments the authority to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry.
7.24.030 Scope.
These regulations, in combination with the flood provisions of the building codes shall apply to all
proposed development in flood hazard areas established in Article II. of these regulations.
7.24.040 Purposes and objectives.
The purposes and objectives of these regulations and the flood load and flood resistant
construction requirements of the building codes are to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in specific flood
hazard areas through the establishment of comprehensive regulations for management of flood
hazard areas, designed to:
(1) Prevent unnecessary disruption of commerce, access and public service during times of
flooding.
(2) Manage the alteration of natural floodplains, stream channels and shorelines;
(3) Manage filling, grading, dredging and other development which may increase flood
damage or erosion potential.
(4) Prevent or regulate the construction of flood barriers which will divert floodwater or
increase flood hazards.
(5) Contribute to improved construction techniques in the floodplain.
(6) Minimize damage to public and private facilities and utilities.
(7) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas.
(8) Minimize the need for rescue and relief efforts associated with flooding.
(9) Ensure that property owners, occupants, and potential owners are aware of property
located in flood hazard areas.
(10) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events.
(11) Meet the requirements of the National Flood Insurance Program for community
participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
7.24.050 Coordination with Building Codes.
Pursuant to the requirement established in State statute that the City of Dublin administer and
enforce the State building codes, the City Council of the City of Dublin does hereby acknowledge
that the building codes contain certain provisions that apply to the design and construction of
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 18 of 108
buildings and structures in flood hazard areas. Therefore, these regulations are intended to be
administered and enforced in conjunction with the building codes.
7.24.060 Adoption of CCR Title 24 Part 2 Appendix G.
CCR Title 24 Part 2 Appendix G Flood-Resistant Construction is hereby adopted and made a part
of the California Building Standards Code and shall apply in flood hazard areas.
7.24.070 Warning.
The degree of flood protection required by these regulations and the building codes is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural causes.
Enforcement of these regulations and the building codes does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding
or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance
Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency,
requiring this community to revise these regulations to remain eligible for participation in the
National Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with these regulations.
7.24.080 Disclaimer of liability.
These regulations shall not create liability on the part of the City of Dublin, any officer or employee
thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage
that results from reliance on these regulations or any administrative decision lawfully made hereunder.
The Floodplain Administrator and any employee charged with the enforcement of these
regulations, while acting for the community in good faith and without malice in the discharge of
the duties required by these regulations or other pertinent law or ordinance, shall not thereby be
rendered liable personally and is hereby relieved from personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee because of an act performed
by that officer or employee in the lawful discharge of duties and under the provisions of these
regulations shall be defended by a legal representative of the community until the final termination
of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost
in any action, suit or proceeding that is instituted in pursuance of the provisions of these
regulations.
7.24.090 Other laws.
The provisions of these regulations shall not be deemed to nullify any provisions of local, State or
federal law.
7.24.100 Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However, these
regulations are not intended to repeal or abrogate any existing ordinances including land
development regulations, subdivision regulations, zoning ordinances, stormwater management
regulations, or building codes. In the event of a conflict between these regulations and any other
ordinance, code, or regulation, the more restrictive shall govern.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 19 of 108
Article II. Applicability
7.24.110 General applicability.
These regulations, in conjunction with the building codes, provide minimum requirements for
development located in flood hazard areas, including the subdivision of land and other
developments; site improvements and installation of utilities; placement and replacement of
manufactured homes; placement of recreational vehicles; new construction and alterations,
repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial
improvement of existing buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent storage; utility and
miscellaneous Group U buildings and structures; and certain building work exempt from permit
under the building codes; and other buildings and development activities.
7.24.120 Establishment of Flood Hazard Areas.
The Flood Insurance Study for Alameda County, California and Incorporated Areas dated August
18, 1983, and all subsequent amendments and revisions, and the accompanying Flood Insurance
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby
adopted by reference as a part of these regulations and serve as the basis for establishing flood
hazard areas. Where the building code establishes flood hazard areas, such areas are
established by this section. Additional maps and studies, when specifically adopted, supplement
the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish
flood hazard areas are on file at the City Hall, 100 Civic Plaza, Dublin CA, 94568.
7.24.130 Interpretation.
In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements.
(2) Liberally construed in favor of the governing body.
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Article III. Duties and Powers of the Floodplain Administrator
7.24.140 Designation.
The Building Official is designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties to other employees. Where
Appendix G refers to the Building Official, each such reference shall refer to the Floodplain
Administrator. The Floodplain Administrator is authorized and directed to administer and enforce
the provisions of Appendix G.
7.24.150 General authority.
The Floodplain Administrator is authorized and directed to administer the provisions of these
regulations. The Floodplain Administrator shall have the authority to render interpretations of
these regulations consistent with the intent and purpose of these regulations and to establish
policies and procedures in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be consistent with the intent and purpose of these regulations and
the flood provisions of the building code and shall not have the effect of waiving specific
requirements without the granting of a variance pursuant to Appendix G.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 20 of 108
7.24.160 Coordination.
The Floodplain Administrator shall coordinate with and provide comments to the Building Official
to administer and enforce the flood provisions of the building code and to ensure compliance with
the applicable provisions of these regulations. The Floodplain Administrator and the Building
Official have the authority to establish written procedures for reviewing applications and
conducting inspections for buildings and for administering and documenting determinations of
substantial improvement and substantial damage made pursuant to Section 7.24.190 of these
regulations.
7.24.170 Duties.
The duties of the Floodplain Administrator shall include but are not limited to:
(1) Review all permit applications to determine whether proposed development is located in
flood hazard areas established in Article II. of these regulations.
(2) Require development in flood hazard areas to be reasonably safe from flooding and to
be designed and constructed with methods, practices and materials that minimize flood
damage.
(3) Interpret flood hazard area boundaries, provide available flood elevation and flood hazard
information.
(4) Determine whether additional flood hazard data shall be obtained or developed.
(5) Review all applications and plans for development in flood hazard areas for compliance
with these regulations.
(6) Complete the appropriate section of the Department of Housing and Community
Development Floodplain Ordinance Compliance Certification for Manufactured
Home/Mobilehome Installations when submitted by applicants.
(7) Review, in conjunction with the Building Official, required certifications and
documentation specified by these regulations and the building code to determine that
such certifications and documentations are complete.
(8) Establish, in coordination with the Building Official, written procedures for administering
and documenting determinations of substantial improvement and substantial damage
made pursuant to Section 7.24.190 of these regulations.
(9) Coordinate with the Building Official and others to identify and investigate damaged
buildings located in flood hazard areas and inform owners of the requirement to obtain
permits for repairs.
(10) Review requests submitted to the Building Official seeking approval to modify the strict
application of the flood load and flood resistant construction requirements of the building
code, to determine whether such requests require consideration as a variance pursuant
to Appendix G.
(11) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps when the analyses propose to change base flood
elevations, flood hazard area boundaries, or floodway designations; such submissions
shall be made within 6 months of such data becoming available.
(12) Require applicants who propose alteration of a watercourse to notify adjacent
jurisdictions and the NFIP State Coordinating Agency, and to submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
(13) Inspect development within the scope of Appendix G and inspect flood hazard areas to
determine if development is undertaken without issuance of permits.
(14) Prepare comments and recommendations for consideration when applicants seek
variances in accordance with Appendix G.
(15) Cite violations.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 21 of 108
(16) Notify the Federal Emergency Management Agency when the corporate boundaries of
City of Dublin have been modified.
7.24.180 Other permits required.
The applicant shall obtain all other required state and federal permits prior to initiating work
authorized by these regulations and shall provide documentation of such permits to the Floodplain
Administrator. Such permits include but are not limited to:
California State Water Resources Control Board for activities that affect wetlands and alter
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of
the Clean Water Act.
7.24.190 Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including alterations,
movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value or require the applicant to obtain a professional appraisal
prepared by a qualified independent appraiser, of the market value of the building or
structure before the start of construction of the proposed work; in the case of repair, the
market value of the building or structure shall be the market value before the damage
occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair the damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, where
applicable, to the market value of the building or structure.
(3) Determine and document whether the proposed work constitutes substantial improvement
or repair of substantial damage; for proposed work to repair damage caused by flooding,
the determination requires evaluation of previous permits issued to repair flood-related
damage as specified in the definition of “substantial damage.” The substantial improvement
determination requires evaluation of previous permits issued for improvements and repairs
as specified in the definition of “substantial improvement.”
(4) Notify the applicant when it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the building code is required and notify the applicant when it is determined
that work does not constitute substantial improvement or repair of substantial damage.
7.24.200 Department records.
In addition to the requirements of the building code and Appendix G, and regardless of any
limitation on the period required for retention of public records, the Floodplain Administrator shall
maintain and permanently keep and make available for public inspection all records that are
necessary for the administration of these regulations and the flood provisions of the building
codes, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA
that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations
of whether proposed work constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the building codes and these regulations;
notifications to adjacent communities, FEMA, and the State related to alterations of watercourses;
assurance that the flood carrying capacity of altered waterways will be maintained; documentation
related to variances, including justification for issuance or denial; and records of enforcement
actions taken pursuant to these regulations and the flood resistant provisions of the building
codes.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 22 of 108
Article IV. Site Plans and Documentation
7.24.210 Additional site plan information.
In addition to the site plan requirements of the building code and Appendix G shall include, as
applicable to the proposed development:
(1) Location of the proposed activity and proposed structures; locations of water supply,
sanitary sewer, and other utilities; and locations of existing buildings and structures.
(2) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(3) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(4) Existing and proposed alignment of any proposed alteration of a watercourse.
(5) Include a nonconversion agreement signed by the applicant if the building in a flood hazard
area has enclosed areas below the lowest floor.
7.24.220 Additional engineering data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional data and
analyses are submitted to support an application, the applicant has the right to seek a Letter of
Map Change from FEMA to change the base flood elevations, change floodway boundaries, or
change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for
such purposes. The analyses shall be prepared by a qualified registered professional engineer
in a format required by FEMA. Submittal requirements and processing fees shall be the
responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision,
construction of proposed flood control projects and land preparation for development are
permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings
shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of
Map Revision.
7.24.230 Additional submittal requirements.
For projects proposing to enclose areas under elevated buildings, include a signed
Nonconversion Agreement (Declaration of Land Restriction); which shall be recorded on the
property prior to issuance of the Certificate of Occupancy.
7.24.240 Information in flood hazard areas without base flood elevations (approximate
Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevations data have not
been provided, the Floodplain Administrator is authorized to:
(1) Require the applicant to include base flood elevation data prepared by a qualified
professional engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified professional engineer.
Studies, analyses and computations shall be submitted in sufficient detail to allow
review and approval by the Floodplain Administrator. The accuracy of data submitted
for such determination shall be the responsibility of the applicant.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency
or other source.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 23 of 108
(3) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate, require the applicant to include base flood
elevation data in accordance with Section 7.24.240(1).
(4) Where the base flood elevation data are to be used to support a request for a Letter of
Map Change from FEMA, advise the applicant that the analyses shall be prepared by
a qualified professional engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the
processing fees.
Article V. Variances
7.24.250 Variances, in addition.
In addition to the variance provisions of Appendix G:
(1) The considerations and conditions for variances set forth in Appendix G are based on the
general principle of zoning law that variances pertain to a piece of property and are not
personal in nature. A variance may be issued for a parcel of property with physical
characteristics so unusual that complying with the requirements of these regulations would
create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels. The
unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or
the property owners. The issuance of a variance is for floodplain management purposes
only. Federal flood insurance premium rates are determined by the National Flood
Insurance Program according to actuarial risk and will not be modified by the granting of a
variance.
(2) It is the duty of the City Council to promote public health, safety and welfare and minimize
losses from flooding. This duty is so compelling and the implications of property damage
and the cost of insuring a structure built below flood level are so serious that variances
from the elevation or other requirements in the building codes should be quite rare. The
long term goal of preventing and reducing flood loss and damage, and minimizing recovery
costs, inconvenience, danger, and suffering, can only be met when variances are strictly
limited. Therefore, the variance requirements in these regulations are detailed and contain
multiple provisions that must be met before a variance can be properly issued. The criteria
are designed to screen out those situations in which alternatives other than a variance are
more appropriate.
7.24.260 Agricultural structures.
A variance is authorized to be issued for the construction or substantial improvement of
agricultural structures that are not elevated or dry floodproofed, provided the requirements of this
section are satisfied and:
(1) A determination has been made that the proposed agricultural structure:
(a) Is used exclusively in connection with the production, harvesting, storage, raising,
or drying of agricultural commodities and livestock, or storage of tools or equipment
used in connection with these purposes or uses, and will be restricted to such
exclusive uses.
(b) Has low damage potential.
(c) Does not increase risks and pose a danger to public health, safety, and welfare if
flooded and contents are released, including but not limited to the effects of flooding
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 24 of 108
on manure storage, livestock confinement operations, liquified natural gas
terminals, and production and storage of highly volatile, toxic, or water-reactive
materials.
(d) Complies with the wet floodproofing construction requirements of paragraph (2),
below.
(2) Wet floodproofing construction requirements.
(a) Anchored to resist flotation, collapse, and lateral movement.
(b) When enclosed by walls, walls have flood openings that comply with the flood
opening requirements of ASCE 24, Chapter 2.
(c) Flood damage-resistant materials are used below the base flood elevation.
(d) Mechanical, electrical, and utility equipment are elevated above the base flood
elevation.
Article VI. Violations
7.24.270 Violations, general.
In addition to the violation provisions of the building code and Appendix G, any development in
any flood hazard area that is being performed without an issued permit or that is in conflict with
an issued permit shall be deemed a violation.
7.24.280 Buildings and structures.
A building or structure without the documentation of the elevation of the lowest floor, other
required design certifications, or other evidence of compliance required by these regulations or
the building code, is presumed to be a violation until such time as required documentation is
submitted. Violation of the requirements shall constitute a misdemeanor.
7.24.290 Authority.
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to
owners of property involved, to the owner’s agent, or to the person or persons doing the work for
development that is not within the scope of the building codes, but is regulated by these
regulations and that is determined to be a violation.
7.24.300 Unlawful continuance.
Any person who shall continue any work after having been served with a notice of violation or a
stop work order, except such work as that person is directed to perform to remove or remedy a
violation or unsafe condition, shall be subject to penalties as prescribed by Municipal Code
Chapters 1.04 and /or 1.06.
Part II Definitions
Article VII. Definitions
7.24.310 General.
The following words and terms shall, for the purposes of these regulations, have the meanings
shown herein. Other terms are defined in the Building Code and Appendix G and terms are
defined where used in the Residential Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
7.24.320 Definitions
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 25 of 108
ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain management
purposes, the term includes only accessory structures used for parking and storage.
AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for agricultural
purposes or uses in connection with the production, harvesting, storage, raising, or drying of
agricultural commodities and livestock, including aquatic organisms. Structures that house tools
or equipment used in connection with these purposes or uses are also considered to have
agricultural purposes or uses.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but
not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and
other land-disturbing activities.
ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine flood
hazard areas.
EXCEPTIONAL HARDSHIP. For the purpose of variances from these regulations or the building
code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere
economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule,
qualify as exceptional hardships. All of these circumstances can be resolved through other means
without granting variances, even when the alternatives are more expensive or require the property
owner to build elsewhere or put the parcel to a different use than originally intended.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed before April
15, 1981.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
FLOOD CONTROL PROJECT. A dam or barrier design and constructed to keep water away
from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
FRAUD OR VICTIMIZATION. For the purpose of variances from these regulations or the building
code, the intentional use of deceit to deprive another of rights or property, making a victim of the
deprived person or the public. As it pertains to buildings granted variances to be constructed
below the elevation required by the building code, future owners or tenants of such buildings and
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 26 of 108
the community as a whole may bear the burden of increased risk of damage from floods,
increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and
suffering.
LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that
a property was incorrectly 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.
(2) 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.
(3) Letter of Map Revision Based on Fill (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 regulations.
(4) 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 areas. 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.
LIGHT-DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds
or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve
(12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
MARKET VALUE. The price at which a property will change hands between a willing buyer and
a willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in these regulations, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
shall be determined by one of the following methods: (1) Actual Cash Value (replacement cost
depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser, or (3) established by a qualified
independent appraiser.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed on or after
April 15, 1981.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 27 of 108
NONCONVERSION AGREEMENT (Declaration of Land Restriction). A form provided by the
Floodplain Administrator to be signed by the property owner(s) and recorded with the Alameda
County Clerk-Recorder's Office, restricting the owner(s) ability to convert or modify enclosures
below elevated buildings in any manner that is inconsistent with the terms of the building permit
and these regulations, enclosures below elevated buildings.
NUISANCE. That which is injurious to safety or health of an entire community or neighborhood,
or any considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
SUBSTANTIAL IMPROVEMENT means any combination of repair, reconstruction, rehabilitation,
alteration, addition or other improvement of a building or structure, taking place during a ten (10)–
year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the
structure before the improvement or repair is started. The period of accumulation begins when
the first improvement or repair of each building is permitted subsequent to January 1, 2023. When
the structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however, include
either:
(1) Any project for improvement of a building required to correct existing health, sanitary or
safety code violations identified by the building official and that are the minimum necessary
to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before-damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred. The term also includes flood-
related damage sustained by a structure on two separate occasions during a 10-year period for
which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
WATERCOURSE. A river, creek, stream, channel, or other topographic feature in, on, through,
or over which water flows at least periodically.
Part III Flood Resistant Development
Article VIII. Subdivisions
7.24.330 Subdivisions, in addition.
In addition to the subdivision provisions in Appendix G, the following requirements apply:
(1) In Zones AH and AO, adequate drainage paths shall be provided to guide floodwater
around and away from proposed structures.
(2) When fill will be placed to support buildings, the fill shall be placed in accordance with the
building code and approval of the subdivision shall require submission of as-built elevations
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 28 of 108
for each filled pad certified by a licensed land surveyor or registered civil engineer.
Article IX. Site Improvement
7.24.340 Site improvement, in addition.
In addition to the site improvement provisions in Appendix G, the requirements of this section
shall apply.
7.24.350 Limitations on placement of fill.
Where the placement of fill is permitted by the building code, Appendix G, or these regulations,
fill shall be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and
scour. In addition to these requirements, when intended to support buildings and structures, fill
shall comply with the requirements of the building code. The placement of fill intended to change
base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs shall be subject to the requirements of Section 7.24.220 of these regulations.
Article X. Manufactured Homes
7.24.360 Installation, in addition.
In addition to the provisions for manufactured homes in Appendix G:
(1) All manufactured homes installed in flood hazard areas shall be installed by an installer
that is licensed pursuant to the Business and Professions Code and shall comply with the
requirements of the Department of Housing and Community Development (HCD) and the
requirements of these regulations.
(2) In addition to permits pursuant to Appendix G, permits from the HCD are required where
the HCD is the enforcement agency for installation of manufactured homes.
(3) Upon completion of installation and prior to the final inspection by the Floodplain
Administrator, the installer shall submit certification of the elevation of the manufactured
home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain
Administrator.
7.24.370 Elevation requirement for certain existing manufactured home parks and
subdivisions.
Manufactured homes that are placed, replaced, or substantially improved on sites located in an
existing manufactured home park or subdivision, unless on a site where substantial damage as a
result of flooding has occurred, shall be elevated such that either the:
(1) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the
flood hazard area, is at or above the base flood elevation.
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
Article XI. Accessory Structures
7.24.380 Detached garages and accessory storage structures.
The provision in Appendix G for garages and accessory structures shall be replaced with this
section. Detached garages and accessory storage structures used only for parking or storage are
permitted below the base flood elevation provided the garages and accessory storage structures:
(1) Are one story and not larger than 600 square feet in area when located in special flood
hazard areas other than coastal high hazard areas.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 29 of 108
(2) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
(3) Have flood openings in accordance with the building code.
(4) Have flood damage-resistant materials used below the base flood elevation.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
to or above the base flood elevation.
Article XII. Flood Control Projects
7.24.390 Flood control projects; general.
In addition to applicable Federal, State and other local permits, a permit for floodplain
development is required for construction of flood control projects. The purpose for the permit is to
examine the impact on flood hazard areas, floodways, and base flood elevations shown on the
FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not
address the sufficiency of the structural elements of the proposed flood control project. Permits
for floodplain development and building permits in areas affected by proposed flood control
projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
7.24.400 Flood control projects; applications.
Applications for permits for flood control projects shall include documentation including but not
limited to:
(1) Site plan or document showing the existing topography and the boundaries of the flood
hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.
(2) Site plan or document showing the proposed topography and the proposed changes to the
boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
(3) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR)
and, if issued, the Conditional Letter of Map Revision. Submittal requirements and
processing fees shall be the responsibility of the applicant. A CLOMR is required when a
proposed flood control project alters a floodway and increases base flood elevations more
than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which
base flood elevations are included in the Flood Insurance Study or on the FIRM and
floodways have not been designated and increases base flood elevations more than 1.0
foot.
5200973.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 30 of 108
Exhibit C
Chapter 7.28
BUILDING REGULATION ADMINISTRATION
Article I. Definitions
7.28.010 Building Official.
7.28.020 Dangerous building or structure.
7.28.030 Dangerous electrical, plumbing or mechanical installation.
7.28.040 Electrical installation.
7.28.050 Health officer.
7.28.060 Illegal building, structure or installation.
7.28.070 Mechanical installation.
7.28.080 Plumbing installation.
7.28.090 Substandard building.
7.28.100 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas (all buildings
except 1 and 2 family dwellings and townhouses less than three stories).
7.28.110 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas (1 and 2 family
dwellings and townhouses less than three stories).
7.28.120 This Chapter.
Article II. Authority of Building Official
7.28.130 Enforcement officer designated.
7.28.140 Right of entry.
7.28.150 Alternate materials and methods of construction.
7.28.160 Modifications.
7.28.170 Compliance—Tests.
7.28.180 Stop work orders.
7.28.190 Discontinuance of utilities—Authority.
7.28.200 Liability.
Article III. Enforcement
7.28.210 Occupancy or use violations.
7.28.220 Dangerous buildings, structures or installations.
7.28.230 Illegal buildings, structures or installations.
7.28.240 Existing buildings, structures or installations.
7.28.250 Maintenance requirements.
7.28.260 Code conflicts.
7.28.270 Violation.
7.28.280 Appeals.
7.28.290 Revocation or modification of variance.
Article IV. Permit Requirements
7.28.300 Permit—Required.
7.28.310 Exceptions.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 31 of 108
7.28.320 Permit—Application.
7.28.330 Permit—Application—Submittal Documents.
7.28.340 Plans and specifications—Requirements.
7.28.350 Permit—Application—Plats required.
7.28.360 Permit—Issuance—Generally.
7.28.370 Permit—Issuance—Restrictions.
7.28.380 Permittee responsibility.
7.28.390 Live loads posted.
7.28.400 Granting of permit not approval for violation.
7.28.410 Permit—Expiration.
7.28.420 Application Expiration.
7.28.430 Permit and Application—Extensions.
7.28.440 Building Official—Authority to deny permit.
7.28.450 Permit—Suspension or revocation.
7.28.460 Fees—Generally.
7.28.470 Permit processing fee.
7.28.480 Refunds.
7.28.490 Fees—Partially completed work.
7.28.500 Additional fees for changes.
7.28.510 Reinspections.
7.28.520 Code compliance survey.
7.28.530 Inspection fee—Moved building.
7.28.540 Plan and specification storage fee.
7.28.550 Fees for additional plan checking.
7.28.560 Fees—Other inspection services.
Article V. Inspections
7.28.570 Generally.
7.28.580 Approvals required.
7.28.590 Inspection required before use commences.
7.28.600 Notification for inspections required.
7.28.610 Other inspections.
7.28.620 Special inspections.
7.28.630 Inspections—Moved buildings, structures, installations or systems.
Article VI. Occupancy
7.28.640 Generally.
7.28.650 Approval to connect utilities.
7.28.660 Temporary or partial occupancy.
7.28.670 Authority to withhold approval to occupy.
7.28.680 Change of Occupancy
Article I. Definitions
7.28.010 Building Official.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 32 of 108
There is established in the City the office of the Building Official, who is responsible for the
administration and enforcement of this Chapter as hereinafter provided.
7.28.020 Dangerous building or structure.
"Dangerous building or structure" means any building or structure which has any or all of the
following conditions or defects to an extent that endangers the life, health, property, or safety of
the public or its occupants:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire
or panic;
B. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than one and one-half times the working stress or stresses allowed in the building
code for new buildings of similar structure, purpose or location;
C. Whenever any portion of a building or structure has been damaged by fire, earthquake,
wind, flood, or by any other cause, to such an extent the structural strength or stability of such
building or structure is materially less than it was before such catastrophe and is less than the
minimum requirements of the building code for new buildings of similar structure, purpose or
location;
D. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
E. Whenever any portion of a building or structure, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored,
or fastened in place so as to be capable of resisting a wind pressure of one half of that specified
in the building code for new buildings of similar structure, purpose or location without exceeding
the working stresses permitted in the building code for such buildings;
F. Whenever any portion of a building or structure has cracked, warped, buckled, or settled to
such an extent that walls or other structural portions of the building or structure have materially
less resistance to winds or earthquakes than is required in the building code for similar new
buildings or structures;
G. Whenever the building or structure, or any portion thereof, is likely to partially or completely
collapse because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the
removal, movement or instability of any portion of the ground necessary for the purpose of
supporting building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other
cause;
H. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used;
I. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such
an extent that a plumb line passing through the center of gravity does not fall inside the middle
one-third of the base;
J. Whenever the building or structure, exclusive of the foundations, shows thirty-three percent
(33%) or more damage or deterioration of its supporting member or members, or fifty percent
(50%) damage or deterioration of its nonsupporting members, enclosing or outside walls
coverings;
K. Whenever the building or structure has been so damaged by fire, wind, earthquake, wind,
or flood, or has become so dilapidated or deteriorated as to become (1) an attractive nuisance to
children; (2) a harbor for vagrants, criminal or immoral persons; or as to (3) enable persons to
resort thereto for the purpose of committing unlawful or immoral acts;
L. Whenever any building or structure has been constructed, exists, or is maintained in violation
of any specific requirement or prohibition applicable to such building or structure provided by this
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 33 of 108
Chapter or any law, ordinance, rule, or regulation in relation to the condition, location or structure
of buildings;
M. Whenever any building or structure has less than fifty percent (50%) in any nonsupporting
part, member or portion, or less than sixty-six percent (66%) in any supporting part, member or
portion of the (1) strength; (2) fire resisting qualities or characteristics; or (3) weather resistance
qualities or characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location regardless of whether such building or structure was
erected in accordance with all applicable laws and ordinances. For buildings erected prior to the
effective date of Alameda County Ordinance 74-66, the seismic forces specified in Alameda
County Ordinance 950 N.S. shall be used for determining the percent of strength rather than the
seismic forces required by law for a newly constructed building of like area, height, and occupancy
in the same location;
N. Whenever a building or structure, used or intended to be used for dwelling purposes, is
determined by the Building Official to be unsanitary, unfit for human habitation or in a condition
that it is likely to cause sickness or disease due to inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, or inadequate light, air or sanitation facilities or other
cause;
O. Whenever any building or structure is determined by the Building Official to be a fire hazard
due to obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of
sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus or
other cause;
P. Whenever any building or structure constitutes a public nuisance under this code or state
law or in equity;
Q. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of such building or structure; or
R. Whenever any building or structure is abandoned and is determined by the Building Official
to be an attractive nuisance or hazard to the public.
7.28.030 Dangerous electrical, plumbing or mechanical installation.
"Dangerous electrical, plumbing or mechanical installation" means any electrical, plumbing or
mechanical installation which has any or all of the following conditions or defects and such
conditions or defects endanger the life, health, property or safety of the public or any persons
using such installation:
A. Whenever any protective or safety service specified in this Chapter is not provided, is
inoperative, or fails to function as originally intended;
B. Whenever any installation or any portion thereof is (1) dilapidated, deteriorated, or decayed;
(2) faulty; (3) obsolete; or (4) inadequately maintained;
C. Whenever any installation or any portion thereof is damaged by fire, wind, earthquake, flood
or any other cause;
D. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of this Chapter; and/or
E. Whenever any installation is in such condition as to constitute a public nuisance under this
code or state law or in equity.
7.28.040 Electrical installation.
“Electrical installation” means any electrical wiring, appliance, device, equipment, and
apparatus used for or in connection with the transmission or use of electrical energy for light,
power, radio, signaling communication or for any other purpose.
7.28.050 Health Officer.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 34 of 108
“Health Officer” means the Alameda County Health Officer or his or her authorized
representative.
7.28.060 Illegal building, structure or installation.
"Illegal building, structure or installation" means any building or structure or portion thereof, and
any electrical, plumbing or mechanical installation or portion thereof, erected, installed,
constructed, enlarged, altered, repaired, moved, converted, or improved without a permit in
violation of this Chapter or any other applicable law, ordinance, rule or regulation.
7.28.070 Mechanical installation.
“Mechanical installation” means any appliance, device, equipment, system or apparatus used
for or in connection with heating, ventilating, refrigeration or incineration.
7.28.080 Plumbing installation.
“Plumbing installation” means the use of water, all potable water supply and distribution pipes,
all fixtures and traps, all drainage and vent pipes and all building drains, all private sewage
disposal systems, including their respective joints and connections, devices, receptacles and
appurtenances within property lines of the premises and shall include potable water piping,
potable water treating or using equipment, fuel gas piping, water heaters and vents for same.
7.28.090 Substandard building.
"Substandard building" means all buildings or portions thereof which are determined to be
substandard as defined in the Health and Safety Code, Division 13, Part 1.5, Chapter 2 Rules and
Regulations, Section 17920.3.
7.28.100 Determination of substantially improved or substantially damaged existing
buildings and structures in flood hazard areas (all buildings except 1 and 2 family dwellings
and townhouses less than three stories).
For applications for reconstruction, rehabilitation, repair, alteration, addition or other
improvement of existing buildings or structures located in flood hazard areas, the building official
shall determine where the proposed work constitutes substantial improvement or repair of
substantial damage. The substantial improvement determination requires evaluation of previous
permits issued for improvements repairs as specified in the definition of “substantial
improvement.” The substantial damage determination requires evaluation of previous permits
issued for repair of flood damage as specified in the definition of “substantial damage.” Where the
building official determines that the proposed work constitutes substantial improvement or repair
of substantial damage, and where required by this code, the building official shall require the
building to meet the requirements of Section 1612 of the Building Code.
7.28.110 Determination of substantially improved or substantially damaged existing
buildings and structures in flood hazard areas (1 and 2 family dwellings and townhouses
less than three stories).
For applications for reconstruction, rehabilitation, addition, alteration, repair or other
improvement of existing buildings or structures located in a flood hazard area as established by
Table R301.2(1), the building official shall examine or cause to be examined the construction
documents and shall make a determination with regard to the value of the proposed work. The
substantial improvement determination requires evaluation of previous permits issued for
improvements and repairs as specified in the definition of “substantial improvement.” The
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 35 of 108
substantial damage determination requires evaluation of previous permits issued for repair of
flood damage as specified in the definition of “substantial damage.” For buildings that have
sustained damage of any origin, the value of the proposed work shall include the cost to repair
the building or structure to its predamaged condition. If the building official finds that the value of
proposed work equals or exceeds 50 percent of the market value of the building or structure
before the damage has occurred or the improvement is started, the proposed work is a
substantial improvement or repair of substantial damage, and the building official shall require
existing portions of the entire building or structure to meet the requirements of Section R322.
7.28.120 This Chapter.
Whenever the term “this Chapter” is used in this Chapter 7.28, it shall also mean and include
Chapter 7.24 (Floodplain), Chapter 7.32 (Building Code); Chapter 7.34 (Residential Code),
Chapter 7.36 (Electrical Code); Chapter 7.40 (Plumbing Code); Chapter 7.44 (Mechanical Code);
Chapter 7.45 (Swimming Pool and Spa), Chapter 7.46 (Existing Building Code), Chapter 7.48
(Building Maintenance Code) and 7.94 (Green Building Code) of this Title.
Article II. Authority of Building Official
7.28.130 Enforcement Officer designated.
A. The Building Official is hereby authorized and directed to enforce the provisions of this
Chapter. The Building Official shall have the authority to render interpretations of this Chapter
and to adopt policies and procedures to clarify the application of the provisions of this Chapter.
Such interpretations, policies and procedures shall be in compliance with the intent and purpose
of this Chapter
B. The Building Official shall have the power to designate by written order that particular
officers or employees shall be authorized to enforce particular provisions of this Chapter.
C. The Health Officer is hereby authorized and directed to enforce all of the provisions of this
Chapter pertaining to:
1. Private water supply;
2. Private sewage disposal systems;
3. Infestation of insects, vermin or rodents;
4. Storage and removal of garbage; and
5. Sanitation of bedding.
For purposes of enforcement of the foregoing provisions of this Chapter the Health Officer shall
have the same authority and duties that are assigned to the Building Official in Article II and
Sections 7.28.280, and 7.28.290 of this Chapter.
D. The Building Official, the Health Officer, and any officer or employee designated by the
Building Official pursuant to paragraph B of this Section shall have the power of a peace officer.
7.28.140 Right of entry.
Whenever necessary to make an inspection to enforce any of the provisions of this Chapter or
whenever the Building Official has reasonable cause to believe that a violation of this Chapter
exists in any building or any premises, or there exists in any building or upon any premises any
condition which makes the building or premises dangerous, unsanitary, or a menace to life, health
or property, the Building Official may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official by this Chapter or any
other applicable law, ordinance, rule, or regulations provided that if such building or premises be
occupied, he shall first present credentials and demand entry. If such structure or premises is
unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 36 of 108
person having charge or control of the building or premises and request entry. If entry is refused,
the Building Official shall have recourse to every remedy provided by law to secure entry.
7.28.150 Alternative materials and methods of construction.
A. The provisions of this Chapter are not intended to prevent the use of any material or to
prohibit any design or method of construction not specifically prescribed by this Chapter provided
that any such alternative has been approved by the Building Official.
B. The Building Official may approve any alternative material, design or method of construction
provided the Building Official finds that the proposed design is satisfactory and complies with the
intent of the provisions of this Chapter, and that the material, method or work offered is, for the
purpose intended, at least equivalent of that prescribed in this Chapter in quality, strength,
effectiveness, fire resistance, durability, dimensional stability, and safety. The details of any action
granting approval of an alternative material, design or method of construction shall be recorded
and entered into the files of the City.
C. The Building Official may require that sufficient evidence or proof be submitted to
substantiate any claims for alternate materials or methods of construction.
7.28.160 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this Chapter,
the Building Official may grant modifications for individual cases upon application of the owner or
the owner's representative, provided he shall first find that a special individual reason makes the
strict letter of this Chapter impractical, the modification is in conformity with the intent and purpose
of this Chapter and such modification does not lessen health, accessibility, life and fire safety, or
structural requirements. The details of any action granting modifications to the provisions of this
Chapter shall be recorded and entered in the files of the City.
7.28.170 Compliance—Tests.
A. Whenever there is insufficient evidence of compliance with the provisions of this Chapter,
or evidence that any material or any construction does not conform to the requirements of this
Chapter, or in order to substantiate claims for alternate materials or methods of construction, the
Building Official may require tests as proof of compliance to be performed by an approved agency
at the expense of the owner or his agent .
B. Test methods shall be as specified by this Chapter for the material in question. If there are
no appropriate test methods specified in this Chapter, the Building Official shall determine the test
methods.
C. All tests shall be made by an approved agency. Reports of such tests shall be retained by
the Building Official for the period required for the retention of public records.
7.28.180 Stop work orders.
Whenever any work is being done contrary to the provisions of this Chapter or any other
applicable law, ordinance, rule, regulation, or the approved plans, the Building Official may order
the work stopped by serving written notice on the owner of the property involved, the owner's
agent, or any persons engaged in, doing, or causing such work to be done. Upon issuance of a
stop work order, the cited work shall immediately cease and shall not resume until authorized by
the Building Official. If there are no persons present on the premises, the notice may be posted
in a conspicuous place. The notice shall state the nature of the violation and the conditions under
which the cited work will be permitted to resume.
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7.28.190 Discontinuance of utilities—Authority.
A. The Building Official may order the discontinuance of the supply of electrical energy, fuel
gas or water to any building or structure, electrical, plumbing, or mechanical installation which is:
1. Being occupied or used contrary to the provisions of this Chapter or any other applicable
law, ordinance, rule or regulation;
2. A dangerous building or structure, or dangerous electrical, plumbing or mechanical
installation;
3. An illegal building or structure, electrical, plumbing or mechanical installation; or
4. A substandard building.
B. Such order shall be in writing and shall state the nature of the condition requiring the
discontinuance of utilities and the time when such utilities shall be discontinued. The order shall
be directed to the person supplying electrical energy, fuel gas, or water and a copy of said order
shall be sent to the person using said utilities and to the owner of the premises.
7.28.200 Liability.
The Building Official, or his authorized representative(s), charged with the enforcement of this
Chapter, acting in good faith and without malice in the discharge of his duties required by this
Chapter or any other applicable laws, ordinances, rules, or regulations, shall not thereby be
rendered personally liable, and is hereby relieved from personal liability, for any damage accruing
to persons or property as a result of any act, or by reason of any act or omission, in the discharge
of his or her duties. Any suit brought against the Building Official or employee because of such
act or omission shall be defended by the City until final termination of such proceedings, and any
judgment resulting therefrom, shall be assumed by the City.
Article III. Enforcement
7.28.210 Occupancy or use violations.
Whenever any building or structure, electrical, plumbing, or mechanical installation, or portion
thereof, is being used contrary to the provisions of this Chapter or any other applicable law,
ordinance, rule, or regulation, and whenever the existing use or occupancy of a building has been
changed without the approval of the Building Official, the Building Official may order such use
discontinued and, where deemed necessary for the safety of the occupants thereof, or the public,
may order the building or structure or portion thereof to be vacated by serving written notice to
any persons using or causing such use. If there are no persons present on the premises at the
time, the notice may be posted in a conspicuous place on the premises. The notice shall state the
nature of the violation and the time when said use shall be discontinued, and when required, the
time when said building or structure or portion thereof shall be vacated. No person shall continue
said use or continue to occupy said building or structure, electrical, plumbing, or mechanical
installation, or portion thereof, contrary to the terms of said notice until the violation is corrected
and use or occupancy is authorized by the Building Official.
7.28.220 Dangerous buildings, structures or installations.
A. It is unlawful to maintain or use a dangerous building or structure or a dangerous electrical,
plumbing, or mechanical installation.
B. All dangerous buildings or structures or dangerous electrical, plumbing, or mechanical
installations are hereby declared to be public nuisances and may be abated by repair,
rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7.52
of this Title or by any other remedy available at law or in equity.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 38 of 108
7.28.230 Illegal buildings, structures or installations.
A. All illegal buildings, structures or installations shall be made to conform to the provisions of
this Chapter or shall be demolished and removed.
B. Whenever necessary to assure compliance with the foregoing provisions, the owner of any
illegal building, structure or installation shall uncover any concealed portions of such building,
structure, electrical, plumbing, or mechanical installation for inspection and shall perform such
tests as may be required by the Building Official.
C. It is unlawful to use or maintain any illegal building, structure or installation or portion thereof
which was erected, installed, constructed, enlarged, altered, repaired, moved, converted, or
improved without a permit.
D. All illegal buildings, structures or installations or portions thereof are hereby declared to be
public nuisances and may be abated in accordance with the provisions specified in Chapter 7.52
of this Title or by any other remedy available at law or in equity.
7.28.240 Existing buildings, structures or installations.
A. Except as required by Sections 7.32.090 and 7.34.090 of this code and Section 713.5 of the
California Plumbing Code/Uniform Plumbing Code, buildings or structures, electrical, plumbing or
mechanical installations in existence at the time of the adoption of the ordinance codified in this
Chapter may have their existing use or occupancy continued if such use or occupancy was legal
at the time of adoption of the ordinance codified in this Chapter and provided such continued use
does not endanger the life, health, property, or safety of the public or the occupants of such
buildings or structures.
B. Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings
prior to January 1, 1975, shall be deemed to have conformed to applicable law in effect at the
time of installation and to have been maintained in good condition if such systems are currently
in good and safe condition and working properly.
7.28.250 Maintenance requirements.
A. All existing and new buildings or structures, electrical, plumbing and mechanical
installations, and parts thereof shall be maintained in a safe and sanitary condition. All devices or
safeguards which were required by the building, electrical, plumbing, and mechanical codes when
the building, structure, or installation was erected or installed shall be maintained in good working
order. The owner or his designated agent shall be responsible for maintenance of all buildings,
structures, installations or systems.
B. Private building sewers shall be maintained in a gastight and watertight condition. Where
private sewage disposal systems are permitted, the effluent therefrom shall be contained beneath
the surface of the ground level and within the property lines of the premises.
7.28.260 Code conflicts.
When any requirements of Chapters 7.24 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.45, 7.46, 7.48 or
7.94 of this Title and manufacturer’s instructions conflict, the more stringent provisions shall
prevail.
7.28.270 Violation.
A. Any person who violates a provision of this Chapter or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or structure in violation
of the approved construction documents or directive of the Building Official, or of a permit or
certificate issued under the provisions of this Chapter, shall be prosecuted in accordance with the
provisions set forth in Section 1.04.030 of the Dublin Municipal Code.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 39 of 108
B. In addition to the penalties provided in Section 1.04.030 of the Dublin Municipal Code, any
condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be
deemed a public nuisance and may be abated in accordance with the provisions specified in
Chapter 7.52 of this Title or by any other remedy available at law or in equity.
7.28.280 Appeals.
A. Any person aggrieved by any decision of the Building Official in connection with the
application or interpretation of the provisions of this Chapter or in the approval of alternate
materials or methods of construction may appeal to the City Council. Such appeal shall be in
writing and filed within ten (10) days from the date of the Building Official’s decision.
B. The City Council may, after a hearing, interpret any provision of this Chapter.
C. The City Council may, after a hearing, vary the application of the provisions of this Chapter
in any specific case if it determines that enforcement thereof would be contrary to the spirit and
purpose of this Chapter or to the public interest. In granting a variance, the City Council may
impose any requirements or conditions to mitigate any adverse effects that may result from
granting a variance.
D. In interpreting the provisions of this Chapter or in granting a variance the City Council shall
make the following findings:
1. That the interpretation or variance is consistent with the purpose of this Chapter; and
2. That the interpretation or variance will not result in less protection to the people of the City
or the property situated therein.
E. The City Council may approve alternate materials or methods of construction as set forth in
Section 7.28.150 of this Chapter by overruling the decision of the Building Official. In approving
any alternate materials or methods of construction the City Council shall find that such materials
or methods of construction are for the purpose intended, at least the equivalent of that prescribed
by this Chapter in quality, strength, effectiveness, durability, dimensional stability and safety.
F. The City Council may appoint a Board of Appeals to hear any specific appeal. The Board of
Appeals shall consist of five (5) members qualified by training and experience to pass on matters
pertaining to the subject matter of the appeal and to serve until the disposition of the appeal. The
Board of Appeals shall have the same authority and duties as the City Council in interpreting this
Chapter, granting variances, or approving alternate materials or methods of construction. The
Building Official shall be an ex officio member of the Board of Appeals and shall act as secretary
to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting
its hearings and investigations. The decision of the Board of Appeals shall be final.
7.28.290 Revocation or modification of variance.
The City Council may, after a public hearing held upon not less than ten (10) days notice, revoke
or modify by written order any order permitting a variance. The City Council shall serve notice of
the time and place of a hearing to revoke or modify any order permitting a variance not less than
ten (10) days prior to such hearing, by personal service, or by first class mail, postage prepaid,
mailed to the person to whom such variance was granted at the address shown in the application
for such variance or to such other address as may appear reasonable to the City Council under
the particular circumstances.
Article IV. Permit Requirements
7.28.300 Permit—Required.
A. Except as provided in Section 7.28.310, no person shall install, erect, construct, enlarge,
add to, alter, repair, move, remove, demolish, convert, occupy, equip or improve any building,
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 40 of 108
structure or facility, any electrical, plumbing or mechanical installation or cause the same to be
done without first obtaining a permit from the Building Official.
B. A separate permit shall be required for each building or structure, but the permit may include
pertinent accessories such as fences, retaining walls, exterior lighting, underground utilities and
sprinkler systems, provided such work is shown on the approved plans or described on the
application. The Building Official may authorize issuance of a single permit for several buildings
where in his or her opinion the convenience of the City will be served.
C. For private water supply and private sewage disposal systems, a separate permit or
approval shall be secured from the Health Officer prior to issuance of a permit by the Building
Official. In addition, any permits or approvals required by the Zone 7 Water Agency shall be
secured prior to issuance of a permit by the Building Official.
D. Additional permits shall be required for pertinent accessories regulated by this Chapter
which are proposed to be constructed but not shown on the approved plans or described on the
application. A grading permit may also be required subject to the provisions of Chapter 7.16 of
this Title.
7.28.310 Exceptions.
A. No permit shall be required for any of the following work; provided however, permits shall
be required for electrical, plumbing and mechanical installations in any building or structure listed
in subsections (A)(1) through (A)(20) of this section, and permits shall be required for all new
construction and substantial improvements that are located within an area of special flood hazard
in accordance with Chapter 7.24 of this Title:
1. Open wire fences not more than sixteen (16) feet in height and all other type fences not
more than eight (8) feet in height;
2. Retaining walls that are not more than three (3) feet in height, measured from the top of the
footing to the top of the wall, unless supporting a surcharge or ground slope exceeding 1
(vertical):20 (horizontal) (5%) or impounding Class I, II or IIIA liquids. Note: Among other items,
the presence of a geogrid is a surcharge. See Section 2304.12.2.8 of the California Building
Code/International Building Code for requirements for treatment of wood used for retaining wall;
3. One (1) story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet
(see section 710A CA Building Code for wildfire exposure requirements); Note: Offices, living
rooms, sleeping areas and other similar habitable uses do not qualify as an exempt accessory
structure.
4. One (1) story buildings not more than four hundred (400) square feet in area used exclusively
for housing animals, poultry, livestock and similar animals and the storage of necessary food, hay
and grain for the animals housed therein;
5. Agricultural buildings as defined in Section 202 of the California Building Code/International
Building Code, on lots exceeding twenty (20) acres in area which are located in an A zoning district
and where the principal use of the land is agriculture;
6. Lath structures and similar sunshade structures detached from the main dwelling without a
solid roof, which are not more than ten (10) feet in height and one thousand (1,000) square feet
in area;
7. Awnings over doors and windows in a Group R-3 or Group U occupancy, supported by an
exterior wall that do not project more than fifty four (54) inches from the exterior wall and do not
require additional support;
8. Temporary construction offices and storage sheds, not associated and or used by the public,
which are used on a site where there is a valid building permit, grading permit or which are used
in connection with a construction project where no building permit or grading permit is required;
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 41 of 108
however, this provision shall not apply to such building remaining on the site thirty (30) days after
the completion of construction;
9. Temporary construction offices and storage sheds when stored in a contractor’s equipment
yard; provided however, a permit shall be required if such offices or sheds are used for any
purpose whatsoever;
10. Decks, meeting all of the following conditions, not exceeding 200 square feet in area, that
that are not more than 30 inches above grade at any point, are not attached to a dwelling and do
not serve the exit door required by Section R311.2.
11. Treehouses or other structures which are designed to be used by children for play;
12. Flag poles, radio or TV antennas and towers, less than thirty-five (35) feet in height when
not attached to a building and less than twenty (20) feet in height when attached to a building,
except permits are required for dish-type antennas more than four (4) feet in diameter;
13. Swimming, bathing and wading pools, and fish ponds not exceeding eighteen (18) inches
in depth;
14. Prefabricated swimming pools, spas or hot tubs accessory to a Group R-3 occupancy not
exceeding four (4) feet in depth if resting on the surface of the ground or a concrete slab on the
ground;
15. Painting, papering, floor tile, carpeting and similar finish work;
16. Nonfixed and moveable cases, counters, racks and partitions not over five (5) feet nine (9)
inches high;
17. Water tanks supported directly upon grade if the capacity does not exceed five thousand
(5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1);
18. Water storage tanks of any size if resting on the surface of the ground or on a concrete slab
on the ground when used only for watering livestock or irrigation;
19. Swings and other playground equipment accessory to detached one and two family
dwellings;
20. Sidewalks and driveways not more than thirty (30) inches above adjacent grade, and not
over a basement or story below and are not part of an accessible route.
21. The replacement of lamps or the connection of portable electrical appliances to suitable
receptacles which have been permanently installed;
22. Nonelectrical signs less than eight (8) feet in height; nonelectrical signs which do not exceed
three (3) pounds per square foot nor four (4) inches in thickness when fastened flat against the
wall of any building; and provided further, that the sign does not extend above the top of the wall
of the building;
23. Clearing stoppage or repairing leaks in pipes, valves, fittings or fixtures when such repairs
do not involve the replacement or rearrangement of pipes, valves, fittings or fixtures;
24. Buildings and structures owned by a sanitary district used exclusively for storage, collection,
conveying and treating sewage;
25. Demolition or exploration work that may be necessary in order to determine conditions in
connection with a proposed addition or alteration to an existing building if an application for a
permit is on file and prior approval for the demolition or exploration work is obtained from the
Building Official;
26. Small or unimportant work when approved by the Building Official.
B. Exemption from the permit requirements of this Chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this Chapter
or any other law, ordinance, rule or regulation.
C. Any person may obtain inspection services for work exempt from the permit requirements
of this Chapter by applying for a permit for such work and paying the applicable fee.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 42 of 108
D. Emergency Repairs. Where equipment replacements and repairs must be performed in an
emergency situation, the permit application shall be submitted within the next working day to the
Building Official.
7.28.320 Permit—Application for permit.
Every application for permits shall be made in writing on the forms furnished for that purpose.
Every application shall include the following:
A. The location of the premises by address and by legal description or County Assessor’s
description;
B. The name, address and phone number of the applicant;
C. The signature of the applicant or the applicant’s authorized agent, who may be required to
submit evidence of such authority;
D. Identify and describe the work to be covered by the permit for which application is made;
E. A description of the proposed use and occupancy of the proposed building, structure, or
electrical, plumbing or mechanical installation and where existing buildings, structures, electrical,
plumbing or mechanical installations are located on the premises, a complete description of the
current and proposed use or occupancy of such buildings, structures or installations;
F. Any other such information that may be reasonably required by the Building Official;
G. An authorization to enter the property for the purpose of inspecting the work without an
inspection warrant; and
H. An indication as to whether the building is to be heated and/or cooled.
I. State the valuation of the proposed work.
J. Include a nonconversion agreement signed by the applicant if the building in a flood hazard
area has enclosed areas below the lower floor.
7.28.330 Permit—Application—Submittal Documents.
A. Application shall be submitted in a digital format. When authorized by the Building Official
to be submitted in a paper format, a minimum of Five (5) sets of plans and two (2) sets of
specifications shall be submitted with each application for examination except that plans and
specifications shall not be required for small or unimportant work when approved by the Building
Official.
B. Engineering calculations, stress diagrams, soil investigation reports, geological investigation
reports, test data, electrical load calculations, gas and water supply demand calculations and
other data sufficient to show the correctness of the plans and specifications and to assure that
the proposed work will conform to all of the provisions of this Chapter shall also be submitted
when required by the Building Official. Plans and specifications shall be prepared by a California
licensed design professional (licensed architect or registered engineer) when required by the
Building Official. The owner shall also submit a complete outline of the testing and inspection
program proposed when special inspection is required pursuant to Section 7.28.620 of this
Chapter.
C. Deferred Submittals. For the purposes of this section, deferred submittals are defined as
those portions of the design that are not submitted at the time of the application and that are to
be submitted to the Building Official within a later specified period of time. Deferral of any submittal
items shall have prior written approval of the Building Official. The licensed design professional of
record shall list the deferred submittals on the plans and shall submit the deferred submittal
documents for review by the Building Official. Submittal documents for deferred submittal items
shall be submitted to the architect or engineer of record who shall review them and forward them
to the Building Official with a notation indicating that the deferred submittal documents have been
reviewed and that they have been found to be in general conformance with the design of the
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 43 of 108
building. The deferred submittal items shall not be installed until their design and submittal
documents have been approved by the Building Official.
D. When it is required that documents be prepared by a California design professional, the
Building Official may require the owner to engage and designate on the building permit application
an architect or engineer who shall act as the architect or engineer of record. If the circumstances
require, the owner may designate a substitute architect or engineer of record who shall perform
all the duties required of the original architect or engineer of record. The Building Official shall be
notified in writing by the owner if the design professional of record is changed or is unable to
continue to perform the duties. The design professional of record shall be responsible for
reviewing and coordinating all submittal documents prepared by others, including deferred
submittal items, for compatibility with the design of the building.
7.28.340 Plans and specifications—Requirements.
A. Submittal documents consisting of construction documents, statement of special
inspections, geotechnical report and other data shall be submitted in three or more sets with each
permit application. The construction documents shall be prepared by a California licensed design
professional (a licensed architect or registered engineer) where required by the statute. Where
special conditions exist, the Building Official is authorized to require additional construction
documents to be prepared by a registered design professional.
B. The first sheet of each set of plans shall contain the address or legal description of the
property where the work is proposed to be done, the name and address of the owner of the
property and the name, address and signature of the person who has prepared the plans.
C. The plans shall include a plot plan which shall show the location of existing and proposed
buildings or structures. The plot plan shall also show the location of all existing or proposed gas
mains and services; water mains, water services, fire hydrants, sewer mains; underground or
overhead power and communication lines; poles and transformers; waterways, storm drains,
inlets, culverts, curbs, gutters, sidewalks, building sewer, wells, septic tanks and drainage fields.
The plans shall also include a grading and drainage plan which shall show all existing elevations
or contours and all proposed final elevations and the elevation of the first floor. This plan shall
also show how all portions of the lot are to be drained and any necessary drainage structures.
The grading and drainage plan may be combined with the plot plan if such information can be
clearly shown on the plot plan.
D. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and
the structural framing is protected by an impervious moisture barrier, the construction document
shall include details for all elements of the impervious moisture barrier system. The construction
documents shall include manufacturer’s installation instructions.
E. If the proposed work does not involve new buildings or structures and does not change the
configuration of existing buildings or structures the Building Official may waive the requirements
for a plot plan and grading or drainage plan. Where only minor grading is proposed and existing
drainage patterns are not materially affected and the proposed work does not fall under the
provisions of special flood hazard areas as set forth in Chapter 7.24 of this Title, the Building
Official may waive the requirements for a grading and drainage plan.
7.28.350 Permit—Application—Plats required.
A. Three (3) copies of a topographic plat prepared and signed by a licensed land surveyor or
a registered civil engineer shall be submitted with the application for a permit for any new building
or structure or building proposed to be moved.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 44 of 108
B. The Building Official may waive the requirements for such a plat for minor buildings or
structures on parcels containing substantial existing development or where a plat has been
previously submitted for a permit and where there have been no substantial changes in the
elevations of the finished grade.
C. The plat shall show the location of all aboveground structures, retaining walls, fences, poles,
transformers, overhead power and communication lines, wells, fire hydrants, drainage inlets,
culverts, curbs, gutters, sidewalks, and waterways. The plat shall also show the known or reported
location of underground structures, such as underground storm drains, water, sewer, gas, power
and communication lines, septic tanks, and drainage fields.
D. The plat shall be drawn to a scale and shall show contours at intervals of one (1) foot or less
on slopes up to three percent (3%) and contours at intervals not more than five (5) feet on slopes
more than three percent (3%). Contours shall extend to the center of the street if not improved
with curbs and gutters and need extend only to the gutter when improved with curbs and gutters.
E. Plat of the entire parcel shall not be required for parcels exceeding one acre located in a R-
1 or A district, however, the following shall be provided:
1. Contours within one hundred (100) feet of any proposed building;
2. Contours or a profile of any existing or proposed access driveway. The Building Official may
waive this requirement when the applicant can otherwise demonstrate that the access driveway
in conformance with the City standards plans and specifications or in accordance with the Director
of Public Works.
F. A topographic plat is not required on any lot shown on any subdivision tract map if such tract
map was filed within five (5) years prior to the application for a permit.
G. The Building Official may require a plat of a property line survey where the exact location of
the property line is necessary for the enforcement of any of the provisions of this Chapter. If, after
the issuance of a permit, a question arises as to the exact location of the property line, the Building
Official may require a property line survey. Whenever a property line survey has been made, the
property line shall be located by appropriate stakes or monuments and three copies of a plat of
the survey shall be filed with the Building Official.
H. Nothing contained herein shall be constructed as relieving the land surveyor or civil engineer
from complying with the provisions of the Land Surveyor’s Act, Business and Professions Code,
beginning with Section 8700.
7.28.360 Permit—Issuance—Generally.
A. If it appears upon examination of the application, plans, specifications and other information
furnished by the applicant that the proposed work will conform to the provisions of this Chapter
and any other applicable laws, ordinances, rules, and regulations, and upon payment of the
prescribed fees, the Building Official shall issue a permit to the applicant.
B. When the Building Official issues a permit, he shall affix an official stamp of approval on
three sets of plans and specifications. One (1) set of plans and specifications shall be retained by
the City, one (1) set of plans and specifications shall be kept on the site of the construction or
work, and one (1) set of plans and specifications shall be provided to the Office of the Alameda
County Assessor. The approved plans shall not be changed without approval of the Building
Official. All work authorized by the permit shall be done in accordance with the approved plans.
C. Permits are not transferable.
D. The set of plans and specifications retained by the City at the time of issuance of the permit
shall be retained by the Building Official for a period not less than ninety (90) days from the date
of the completion of the work covered therein, except that this provision shall not apply to plans
and specifications required to be retained by Section 19850 of the Health and Safety Code of the
State of California.
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7.28.370 Permit—Issuance—Restrictions.
Permits may be issued to any person not acting in violation of Chapter 7, Division 3, of the
Business and Professions Code of the State of California (Contractor’s License Law).
7.28.380 Permittee responsibility.
It shall be the responsibility of a permittee to assure that all work authorized thereunder is done
in accordance with the provisions of this Chapter and any other applicable law, ordinance, rule or
regulations, and to make arrangements for the inspection of the work by the Building Official. If
after inspection by the Building Official, correction of work completed is necessary, the holder of
the permit shall be responsible for such correction.
7.28.390 Live loads posted.
In commercial. institutional or industrial buildings, for each floor or portion thereof designed for
live loads exceeding 50 psf, 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. A certificate of occupancy shall not be
issued until the floor load signs have been installed.
7.28.400 Granting of permit not approval for violation.
A. The issuance of a permit or approval of plans and specifications shall not be construed to
authorize any violation of any of the provisions of this Chapter or any other applicable laws,
ordinances, rules, or regulations; and any permit or document purporting to give authority to
violate this Chapter, or any other law, ordinance, rule or regulation shall not be valid except insofar
as the work or use which it authorizes is lawful.
B. The issuance of a permit or approval based upon plans and specifications shall not prevent
the Building Official from thereafter requiring the correction of errors in such plans and
specifications or from preventing work being carried out thereunder in violation of this Chapter or
any other applicable law, ordinance, rule or regulation.
7.28.410 Permit—Expiration.
A. Permits issued pursuant to this Chapter having a valuation of less than one million dollars
($1,000,000) shall expire one year from the date of issuance; and permits having a valuation of
over one million dollars ($1,000,000) shall expire in two (2) years from the date of issuance.
B. Exception: whenever a permit is issued to correct a violation of this Chapter, or any other
law, ordinance, rule or regulation, or to rehabilitate, repair, or demolish a dangerous,
substandard, illegal, unsafe or unsanitary building or structure, electrical, plumbing or
mechanical installation, or to otherwise abate a nuisance, the Building Official shall establish a
reasonable time for the completion of the work.
C. Where permits for more than one building on the same site or subdivision are issued to the
same applicant, the total valuation of all the permits shall be used for determining when the
permits expire.
7.28.420 Application— Expiration.
A. Every application for a permit shall expire six (6) months after the application and
accompanying plans and specifications have been checked by the Building Official.
B. Plans and specifications accompanying an expired application may be destroyed ten (10)
days from the date of mailing the applicant notice of intention to destroy said plans and
specifications.
7.28.430 Permit and Application—Extensions.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 46 of 108
A. A permittee may request an extension of an issued permit prior to the expiration date. The
Building Official may grant, in writing, one or more extensions of time for periods of not more than
180 days per extension. The permittee shall request an extension pursuant to this subdivision in
writing and demonstrate justifiable cause for the extension.
B. Where work authorized by any permit has not commenced, extensions shall not be allowed
if there have been revisions to any applicable law, ordinance, rule or regulations which would
otherwise prohibit the proposed construction. Where work authorized by any permit has
commenced any extension shall also require all work to conform to any applicable law, ordinance,
rule, or regulation in effect at the time of the extension.
C. In requiring compliance with new laws, ordinances, rules or regulations, the Building Official
shall consider the practical difficulties in making changes to existing construction and may allow
work completed to remain without changes. The Building Official may also allow uncompleted
work to proceed in accordance with the original approved plans.
D. An extension may be allowed for an application for a permit, but the work shall comply with
applicable laws, ordinances, rules, and regulations in effect at the time of issuance of the
extension. The applicant shall request the extension in writing and demonstrate justifiable cause
for the extension. The extension request shall be received by the City prior to the expiration date
of the application. The Building Official may grant, in writing, one or more extensions of time for
periods of not more than 90 days per extension.
E. In allowing an extension additional fees may be imposed to cover any additional costs
incurred by the City because of the extension.
7.28.440 Building Official—Authority to deny permit.
The Building Official may refuse to issue any permit where it cannot be demonstrated that:
A. The hazards of land slippage, erosion or settlement will be eliminated;
B. The proposed work will not be located on a trace of an active fault;
C. The proposed work will conform to Chapters 7.20 and 7.24 of this Title;
D. The placement of existing fills has not been subject to continuous inspection by a special
inspector as required by Section 1705.6 of the California Building Code/International Building
Code;
E. The private water supply will conform to Chapter 6 of the California Plumbing Code/Uniform
Plumbing Code;
F. The private sewage disposal system shall be in conformance with Section 713 of the
California Plumbing Code/Uniform Plumbing Code;
G. Whenever a licensed contractor has failed to make corrections as specified in Sections
7.28.570 through 7.28.610 of this Chapter.
7.28.450 Permit—Suspension or revocation.
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of
this Chapter whenever the permit has been issued in error, or on the basis of incorrect information
supplied, or in violation of this Chapter or any other applicable laws, ordinances, rules, or
regulations.
7.28.460 Fees—Generally.
The provisions of this Chapter apply to fees collected by the Building Official.
A. The City Council shall, by resolution, adopt a schedule of fees for permits, reinspections,
code compliance surveys, moved building inspections, plan and specification storage fees,
additional plan checking, hourly rates for inspection services not covered by specific fees, and
fees authorized by the Alquist-Priolo Geologic Hazards Zones Act.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 47 of 108
B. At time of issuance of any permit required by this Chapter, the applicant shall pay the fees
as established by resolution of the City Council.
C. Where work for which a permit is required by this Chapter is started or proceeds prior to
obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:
Violation within two-year period Penalty Fee
First Equal to the permit fee
Second Double the permit fee
Third and subsequent Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully complying with all of
the provisions of this Chapter.
D. The payment of a penalty fee shall not be required where the work was done two (2) years
before the date it was determined that the work was done without a permit. A penalty fee shall not
be required when the work was done or caused to be done by a previous owner of the property.
E. The determination of value or valuation under any of the provisions of this Chapter shall be
made by the Building Official. The value to be used in computing the building permit and permit
processing fees shall be the total value of all construction work for which the permit is issued as
well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators,
fire extinguishing systems and any other permanent equipment at the time the permit is issued.
7.28.470 Permit processing fee.
Each application for a permit shall be accompanied by a fee equal to forty percent (40%) of the
total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited
toward the total permit fee required. After permit processing has commenced, no portion of the
permit processing fee shall be refundable.
7.28.480 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration
of the permit provided that the work authorized under the permit has not commenced. Thirty
percent (30%) of the permit fee may be refunded to the applicant after a permit has expired
provided that the work has not commenced, but in no case shall any refund be allowed after one
(1) year from the date of expiration of the permit. Requests for refund shall be in writing. Any
expenses incurred by the City other than the permit processing fee may be deducted from the
refund.
B. If there was an error in calculating the amount of the permit fee and such error resulted in
overpayment of the permit fee, the amount of overpayment may be refunded.
7.28.490 Fees—Partially completed work.
A. Where permits expire and the work has not been completed and a new permit is
subsequently issued for the completion of the work, the fee for the new permit shall be based
upon the fee schedule in effect at the time of issuance of the new permit based on the valuation
to complete the work as determined by the Building Official (not on the original valuation assigned
to the permit).
Completed Inspections Percent of
Permit Fee
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 48 of 108
1. If no inspections have been made 30
2. If a foundation inspection has been made 27
3. If the underground inspections have been made 24
4. If the underfloor frame inspection has been made 21
5. If the rough electric and rough plumbing inspections all have
been made 18
6. If the frame inspection has been made 15
7. If the exterior lath inspection has been made 12
8. If the insulation inspection has been made 9
9. If the wallboard inspection has been made 6
B. The fee determined by the foregoing shall be rounded to the nearest dollar.
C. The foregoing is intended to apply to conventional wood-frame construction and is based
on the number of inspections remaining to be made. Where the work is not conventional wood-
frame construction, or does not constitute a complete building, or is a structure other than a
building; the Building Official shall establish the fee based upon the number of inspections
remaining to be made. The fee so established shall not exceed thirty percent (30%) or be less
than six percent (6%); however, in no case shall the fee be less than the minimum permit fee
approved under Section 7.28.460 of this Chapter.
D. Where a new permit is applied for more than one (1) year after the expiration of the original
permit, the fee shall be based on the valuation of the work remaining to be done. The valuation
shall be determined by the Building Official based on the cost to complete the work (not on the
original valuation assigned to the permit) and the fees shall be based upon the fee schedule in
effect at the time of the issuance of the new permit.
7.28.500 Additional fees for changes.
A. After a permit has been issued, minor changes or additions may be allowed under any permit
when approved by the Building Official. However, additional fees shall be required when the
permit fee calculated for both the original work and the work in the proposed change exceeds the
original permit fee by ten percent (10%). The additional fee shall be the difference between the
original fee and the new fee.
B. Any change in use or in the number of guest rooms or dwelling units shall require the
submission of a new application and the payment of an additional fee.
C. Any change which does not increase the amount of the original permit fee by ten percent
(10%) but requires additional plan checking shall require the payment of a plan checking fee.
D. No refund shall be allowed for changes which would decrease the amount of the permit fee.
7.28.510 Reinspections.
Where an inspection is made and corrections are required and said corrections require more
than one reinspection, or where an inspection has been called for and the work to be inspected
is not ready for inspection, or where the approved plans and specifications are not on the job site,
a reinspection fee shall be paid prior to making the reinspection.
7.28.520 Code compliance survey.
The owner of any property on payment of the required fee may request an inspection to
determine if a building, structure or installation is in compliance with this Chapter and the City
zoning ordinance.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 49 of 108
7.28.530 Inspection fee—Moved building.
Prior to application for permits to move a building, structure, electrical, plumbing or mechanical
installation, a moved building inspection shall be required.
7.28.540 Plan and specification storage fee.
A plan and specification storage fee shall be paid at the time of issuance of a permit for buildings
for plans and specifications that are required to be maintained by Section 19850, Health and
Safety Code of the state of California.
7.28.550 Fees for additional plan checking.
A rechecking fee shall be paid prior to performing additional plan checking or prior to approval
of the plans where incomplete plans and specifications are submitted for checking and complete
rechecking is required, or where corrections are not completely or correctly made and additional
plan checking is required, or where changes are made to the plans and specifications which
require additional plan checking, or when the project involves deferred submittal documents as
defined in Section 7.28.330C of this Chapter.
7.28.560 Fees—Other inspection services.
The fee for other inspection services provided by the City for which no specific fee is established
shall be at an hourly rate.
Article V. Inspections
7.28.570 Generally.
All construction or work for which a permit is required shall be subject to inspection by the
Building Official and certain types of construction shall have continuous inspection by special
inspectors, as specified in Section 7.28.620 of this Chapter.
7.28.580 Approvals required.
A. No work shall be done on any part of the building or structure, electrical, plumbing or
mechanical installation beyond the point indicated in each successive inspection without first
obtaining the written approval of the Building Official. Such written approval shall only be given
after an inspection shall have been completed for each previous step in the construction. Written
approvals may be indicated on an inspection record card which is provided for that purpose. All
tests required by this Chapter shall be conducted in the presence of the Building Official. If the
work will not pass the test, necessary corrections shall be made and the work shall be retested.
B. If the work inspected does not comply with this Chapter or any other applicable law,
ordinance, rule, or regulation, written notice shall be given indicating the nature of the violation.
Such notice may be delivered to the permittee, or the person in apparent control of the work on
the site, or may be posted in a conspicuous place on the site. Refusal, failure or neglect to comply
with such notice within ten (10) days shall be considered a violation of this Chapter and any other
applicable law, ordinance, rule or regulation.
C. Whenever a licensed contractor has failed to make corrections in the time specified in the
notice, the Building Official may refuse to issue permits for any other work to be performed by
such contractor at any location within the City until all necessary corrections have been made.
D. Work requiring a permit shall not be commenced until the permit holder or the agent of the
permit holder shall have posted or otherwise made available an inspection record card such as to
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 50 of 108
allow the Building Official conveniently to make the required entries thereon regarding inspection
of the work. This card shall be made available by the permit holder until final approval has been
granted by the Building Official.
7.28.590 Inspection required before use commences.
No work shall be covered, concealed or put to use until it has been tested, inspected, and
approved as prescribed by this Chapter and any other applicable law, ordinance, rule or
regulation. Any such work which has been covered or concealed before being inspected, tested
and approved shall be uncovered for inspection after notice to uncover has been given by the
Building Official.
7.28.600 Notification for inspections required.
The permittee or his agent shall notify the Building Official when construction work is ready for
inspection and make the necessary arrangement for inspection of the work for each of the
following inspections:
A. Underground. When the excavation for any underground gas, water, sewage, steam,
electrical lines, cables or conduits, or any ventilating ducts, septic tanks or fuel tanks or drainage
fields, which have been completed and all such lines, cable conduits or ducts and tanks are in
place and are ready for any required tests, but before backfilling;
B. Foundation. When the excavation for foundations is completed and forms and required
reinforcing steel are in place but before any concrete is placed;
C. Drainage for Retaining Walls. When any required drainage facility is in place but before
backfilling;
D. Underfloor. When all gas, water, steam, sewage, electrical lines, cables or conduits, or any
ventilating ducts are in place and ready for any required tests but before any concrete, wood or
steel flooring is placed;
E. Underfloor Framing. When all the underfloor framing, bracing and supports are in place and
when all underfloor, electrical, plumbing, and mechanical work is in place but before any flooring
is installed;
F. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including
a basement, and prior to further vertical construction, the elevation certification required by the
Chapter 7.24 of this code and Section 1612.4 of the Building Code or the Residential Code, as
applicable shall be submitted to the Floodplain Administrator;
G. Shearwall or Diaphragm. When shearwalls or diaphragms are installed and nailed or
otherwise fastened to the structural framework and all hold downs, drag ties, chord splices, and
anchor bolts are in place, but before any of the foregoing is covered or concealed;
H. Rough. When the roof, walls, floors, framing, bracing and supports are in place and all gas,
water, drainage, and vent piping; all electrical cable, conduit, panels, outlets, junction boxes and
wiring; all ventilating ducts equipment, vents and flues are in place and ready for any required
tests but before any such work is covered or concealed;
I. Wood Frame. When all roof, wall, floor, framing, bracing, blocking, and chimneys are in place
and all electrical, plumbing and mechanical work is in place but before any such work is covered
or concealed;
J. Reinforced Concrete. When forms and reinforcing steel, sleeves, and inserts, and all
electrical, plumbing and mechanical work is in place but before any concrete is placed;
K. Structural Steel. When all structural steel members are in place and all connections are
complete but before such work is covered or concealed;
L. Reinforced Masonry. In grouted brick masonry when the vertical steel is in place and other
reinforcing steel, bolts, anchors, and inserts are distributed. In masonry blocks when the units
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 51 of 108
are laid up, and any reinforcing steel, bolts, anchors, and inserts are in place and when required
cleanouts are installed but prior to placing any grout;
M. Types IV-A, IV-B, IV-C connection protection inspection. In buildings of Types IV-A, IV-B,
IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated
to meet the requirements of Section 2304.10.1, inspection of the wood cover shall be made after
the cover is installed, but before any others coverings or finishes are installed.
N. Insulation. When all insulation is in place but before the insulation is covered;
O. Lath. When all backing and lathing, interior and exterior, is in place but before any plaster
is applied;
P. Wallboard. When all wallboard is in place but before joints and fasteners are taped and
finished;
Q. Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-
resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from
view until inspected and approved.
R. Suspended Ceilings. When the hangers, lighting fixtures, sir diffusers, fire dampers,
protective boxes, and the runners and supporting members are in place but before the ceiling is
installed;
S. Fire Dampers. When the fire dampers are installed in the openings to be protected but
before the ducts are connected;
T. Weather Exposed Balcony and Walking Surface Waterproofing. Where balconies or other
elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected
by an impervious moisture barrier, all elements of the impervious moisture barrier system shall
not be concealed until inspected and approved. Exception: Where special inspections are
provided in accordance with Section 1705.1.1, Item 3 of the Building Code.
U. Flood hazard documentation. If located in a flood hazard area, documentation of the
elevation of the lowest floor as required in Section 1612.4 of the Building Code, shall be submitted
to the building official prior to the final inspection.
V. Final. When all construction work including electrical, plumbing and mechanical work,
exterior finish grading, required paving, and required landscaping is completed and the building,
structure or installation is ready to be occupied or used but before being occupied or used.
7.28.610 Other inspections.
In addition to the foregoing called inspections, the Building Official may make or require any
other inspection of any construction work to ascertain compliance with the provisions of this
Chapter and any other applicable law, ordinance, rule, or regulation.
7.28.620 Special inspections.
A. In addition to the inspections required by Sections 7.28.570 through 7.28.610 of this
Chapter, special inspections shall be provided in accordance with Chapter 17 of the California
Building Code/International Building Code.
B. The inspection program required to be submitted in Section 7.28.330 shall designate the
portions of the work to have special inspection and indicate the duties of the special inspectors.
The special inspector shall be employed by the owner, the architect or engineer of record, or an
agent of the owner, but not the contractor or any other person responsible for the work. When
structural observation is required by the architect or engineer of record or the Building Official, the
inspection program shall name the individuals or firms who are to perform structural observation
and describe the stages of construction at which structural observation is to occur. The inspection
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 52 of 108
program shall include samples of inspection reports and provide time limits for submission of
reports.
C. Structural observation or special inspection does not include or waive the responsibility for
inspections required by Section 1704 of the California Building Code/International Building Code,
Section 7.28.600 of this code, or other sections of this code.
D. Exception. The Building Official may waive the requirement or the employment of a special
inspector if the construction is of a minor nature.
7.28.630 Inspections—Moved buildings, structures, installations or systems.
A. Notwithstanding the provisions of Section 7.28.240 of this Chapter, all existing buildings or
structures, including all electrical, plumbing or mechanical installations, and all existing electrical,
plumbing and mechanical installations which are moved into or within the City shall comply with
all the requirements of this Chapter for new buildings, structures, or installation. Moved apartment
houses and dwellings may retain existing materials and methods of construction; provided
however, this section shall not be interpreted to permit such apartment houses and dwellings to
become or continue to be a dangerous building or substandard building.
B. Prior to issuance of a permit to move any building, structure, electrical, plumbing or
mechanical installation into or within the City, the Building Official shall inspect the building,
structure, electrical, plumbing or mechanical installation proposed to be moved for compliance
with this Chapter and any other law, ordinance, rule, or regulation. The Building Official may
require the applicant to remove all or a portion of the wall or ceiling and any other material to
inspect concealed portions of the building, structure, electrical, plumbing or mechanical
installation proposed to be moved. If after inspection of the building, structure, electrical, plumbing
or mechanical installation proposed to be moved, the Building Official determines that it is not
practical to alter the building, structure, electrical, plumbing or mechanical installation so that it
will comply with the foregoing provisions, the Building Official may deny the application for a
permit. The Building Official shall notify the applicant in writing, stating the reason for such denial.
C. After the building has been moved it shall be placed upon a new foundation as soon as
practical but not later than one hundred twenty (120) days from the time the building was moved
to the site. If after one hundred twenty (120) days the building has not been placed on the
foundation, said building shall be deemed to be a public nuisance and may be abated in
accordance with the procedures specified in Chapter 7.52 of this Title or by any other remedy
available at law or in equity.
Article VI. Occupancy
7.28.640 Generally.
No building, structure, electrical, plumbing, or mechanical installation or portion thereof shall be
occupied or used unless the Building Official has made final inspections and approved the work
regulated by this Chapter and all work required by other City departments or other agencies has
been inspected and approved by such department or agency.
7.28.650 Approval to connect utilities.
No person shall supply water, electrical energy, or fuel gas to any building, structure, electrical,
plumbing or mechanical installation until the building, structure, electrical, plumbing or mechanical
installation has been inspected and approved by the Building Official. The Building Official may
withhold approval to supply water, electrical energy, or fuel gas to any building, structure,
electrical, plumbing or mechanical installation until there is full compliance with the provisions of
this Chapter or compliance with applicable laws, ordinances, rules or regulations enforced by
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 53 of 108
other agencies concerned with the construction of such building, structure, electrical, plumbing,
or mechanical installation.
7.28.660 Temporary or partial occupancy.
The Building Official may authorize the use or occupancy of all or portions of a building,
structure, electrical, plumbing, or mechanical installation prior to completion of the entire building,
structure, electrical, plumbing, or mechanical provided that the work completed has been
inspected and approved and that no hazard would result by such use or occupancy. The Building
Official in granting such authorization may impose any reasonable conditions as may be
necessary to protect life, health and property. Such authorization may include a time limit and may
be revoked for violation of conditions and shall expire in the time specified. The Building Official
may order any person supplying water, electrical energy, or fuel gas to discontinue supplying
water, electrical energy, or fuel gas when authorization to use or occupy pursuant to this section
has expired or been revoked.
7.28.670 Authority to withhold approval to occupy.
A. The Building Official may withhold approval to occupy or use any building, structure,
electrical, plumbing or mechanical installations until all fees charged by the City for any zoning
application development approval, inspection fee or any other fee has been paid. In the case of a
subdivision this provision shall apply to all buildings or structures located within said subdivision.
B. The Building Official may withhold approval to occupy or use any building, structure,
electrical, plumbing or mechanical installations until all development improvements including off-
site improvements have been completed and approved by other City departments or any other
agency concerned with said improvements.
7.28.680 Change of Occupancy.
A building or structure shall not be used or occupied in whole or in part, and a change of
occupancy or a change of use of a building or structure or portion thereof shall not be made, until
the Building Official has made final inspections and approved the change of occupancy. Approval
to occupy shall not be construed as an approval of a violation of the provisions of this code or of
other ordinances of the City.
5195861.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 54 of 108
Exhibit D
Chapter 7.32
BUILDING CODE
Sections:
7.32.010 Title.
7.32.020 Purpose.
7.32.030 Adoption of Building Codes.
7.32.040 Scope.
7.32.050 Exceptions.
7.32.060 Additions, alterations and repairs-Generally.
7.32.070 Additions, alterations and repairs-Code compliance.
7.32.080 Alterations and repairs-Apartment houses, hotels and dwellings.
7.32.090 Additions-Apartment houses, hotels and dwellings.
7.32.100 Repair of roof covering.
7.32.110 Chapter 1 Division II, Administration-Deleted.
7.32.120 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement.
7.32.130 Section502.2.1, 502.2.2, 502.2.3, 502.2.4, Chapter 5, Address illumination.
7.32.140 Section 507.14, Chapter 5, Front Restriction-Added.
7.32.150 Section 706.1, Chapter 7, Fire walls-Amended.
7.32.160 Section 701A.1, Chapter 7A, Scope-Amended.
7.32.170 Section 702A, Chapter 7A, Definitions-Amended.
7.32.180 Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception,
903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2,
903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and 903.2.10.1 – Deleted; 903.2.1.1#1,
903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1,
903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
7.32.190 Section 1505.1, Chapter 15, Fire Classification-Amended.
7.32.200 Table 1607.1, Chapter 16, Minimum Uniformly Distributed Live Loads, Lo, and
Minimum Concentrated Live Loads -Amended.
7.32.210 Section 1705.3, Exception 1, Chapter 17, Concrete Construction – Amended.
7.32.220 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended.
7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements-Amended.
7.32.240 Section 2308.6.9, Attachment of Sheathing-Amended.
7.32.250 Section 3115.1, Chapter 31, Prohibited Installations-Added.
7.32.260 Section 3203, Chapter 32, Signs-Added.
7.32.270 Section H101.2, Signs exempt from permits -Deleted.
7.32.280 Section 1010, Appendix Chapter 10, Building security – Added.
7.32.290 Section G101.4, Chapter Appendix G, Violations-Amended.
7.32.300 Section G101.5, Chapter Appendix G, Designation of floodplain
administrator-Amended.
7.32.010 Title.
The building codes adopted by section 7.32.030 and the provisions of this Chapter shall
constitute the Dublin Building Code and may be referred to as such.
7.32.020 Purpose.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 55 of 108
The promotion and preservation of the public health, safety and general welfare of the people
of the City and the property situated therein have made necessary the adoption of the building
codes referred to in Section 7.32.030 in order to adequately safeguard life, health, property, and
general welfare. The purpose of this Code is not to create or otherwise establish or designate
any particular class or groups of persons who will or should be especially protected or benefited
by the terms of this Code.
7.32.030 Adoption of Building Codes.
A. The 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a
portion of the California Building Standards Code, as defined in the California Health and Safety
Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and
regulations promulgated pursuant thereto including the International Building Code, 2021 Edition,
including Appendix Chapters, C, F, G, H, and I, , as published by the International Code Council,
and as referenced in and adopted pursuant to California Health and Safety Code Sections 17922
and 18935, (hereinafter referred to as the "IBC") are hereby adopted and incorporated by
reference herein.
The codes and standards referenced in this code shall be considered part of this code to the
prescribed extent of each such reference. Where the extent of the reference to a referenced code
or standard includes subject matter that is within the scope of this code or the Mechanical,
Plumbing, Housing, Fire or Energy Codes, the provisions of these codes as applicable, shall take
precedence over the provisions in the referenced code or standard.
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.32.030.A, the State Code and the International
Building Code are amended as set forth in Sections 7.32.110 through 7.32.300.
7.32.040 Scope.
A. The provisions of this Code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, relocation, removal, demolition, conversion,
replacement, equipment, use and occupancy, location, replacement, and maintenance of every
building or structure or any appurtenances connected or attached to such buildings or
structures within the City.
B. The permissive provision of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule, or regulation. If two or more pertinent limitations are
not identical, those limitations shall prevail which provide greater safety to life, health, property,
or public welfare.
C. Buildings shall be made accessible to persons with disabilities as required by Title 24
California Code of Regulation. Whenever there is a conflict between the provisions of this Code
and Title 24, California Code of Regulations with respect to the accessibility of buildings to
persons with disabled, the provisions of Title 24 shall prevail.
7.32.050 Exceptions.
The provisions of this Code shall not apply to:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 56 of 108
A. Work located in a public street;
B. Trailer coaches, campers, mobile homes, motor vehicles, railroad cars, and aircraft;
however, if any of the foregoing are permanently placed on the ground or have their wheels
removed for other than temporary repairs, they shall comply with all of the provisions of this
Code;
C. Houseboats or other watercraft; however, if any of the forgoing are stored out of the water
and are used for any purpose whatsoever, they shall comply with all of the provisions of this
Chapter;
D. Towers or poles supporting communication lines or power transmission lines;
E. Dams, flood control and drainage structures;
F. Portable amusement devices and structures, including merry-go-rounds, ferris wheels,
rotating conveyances, slides, similar devices, and portable accessory structures whose use is
necessary for the operation of such amusement devices and structures but not including any
storage building or detached structure which is not an integral part of the device.
G. Detached one- and two-family dwellings and townhouses not more than three stories
above grade plane in height with a separate means of egress, and their accessory structures
not more than three stories above grade plane in height, shall comply with this code or the
Residential Code.
7.32.060 Additions, alterations and repairs-Generally.
Buildings or structures to which additions, alterations, or repairs are made shall comply with all
the requirements of this Code for new buildings or structures except as specifically provided for
in this section and Sections 7.32.070 through 7.32.100.
7.32.070 Additions, alterations and repairs-Code compliance.
Additions, alterations or repairs may be made to any building or structure without requiring the
existing building or structure to comply with all the requirements of this Code, provided the
addition, alteration or repair conforms to that required for a new building or structure. Additions
or alterations shall not be made to an existing building or structure which will cause the existing
building or structure to be in violation of any of the provisions of this Code nor shall such
additions or alterations cause the existing building or structure to become unsafe. An unsafe
condition shall be deemed to have been created if an addition or alteration will cause the
existing building or structure to become structurally unsafe or overloaded; will not provide
adequate egress in compliance with the provisions of this Code or will obstruct existing exits; will
create a fire hazard; will reduce required fire resistance or will otherwise create conditions
dangerous to human life. Any building so altered, which involves a change in use or occupancy,
shall not exceed the height, number of stories and area permitted for new buildings. Any
building plus new additions shall not exceed the height, number of stories and area specified for
new buildings. Additions or alterations shall not be made to an existing building or structure
when such existing building or structure is not in full compliance with the provision of this Code.
7.32.080 Alterations and repairs-Apartment houses, hotels and dwellings.
A. The provisions of Section 7.32.070 shall not prohibit the alteration or repair of any legally
established existing apartment house, hotel, dwelling or structure accessory thereto which
retains, replaces or extends the use of the original materials or continued use of original
methods of construction provided such alteration or repair does not create or continue a
dangerous building as defined in Section 7.28.220, a substandard building as defined in Section
7.28.090 of the Dublin Municipal Code. However, such alteration or repair shall not reduce any
required fire resistance below that specified by this Code, reduce the resistance to lateral forces
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 57 of 108
below that specified by this Code, or increase the stress or deflection of any member so as to
exceed that specified by this Code.
B. The provisions of Section 7.32.070 pertaining to additions shall not require any legally
existing apartment house, hotel, dwelling, or structure accessory thereto to be made to conform
to the provisions of this Code solely because of the construction of the addition. However, this
section shall not be constructed to permit the addition to increase the stress or deflection of any
existing member so as to exceed that specified by the building code. Whenever an addition
increases the number of occupants which must exit through the existing building all of the exit
facilities serving the increased number of occupants shall comply with the provisions of this
Code.
C. Whenever a new dwelling unit is created either by new construction, or by an alteration to
an existing building, separate gas and electrical meters shall be provided.
7.32.090 Additions-Apartment houses, hotels and dwellings.
Notwithstanding the provisions of Section 7.28.240 whenever alterations, repairs, or additions
requiring a permit or one (1) or more sleeping rooms are added or created in existing Group R
Occupancies, the entire building shall be provided with smoke alarms and carbon monoxide
alarms located as required for new Group R Occupancies.
Furthermore, spark arrestors shall be installed on all chimneys connected to solid burning fuel-
burning appliances.
7.32.100 Repair of roof covering.
Roof coverings may be repaired or replaced with materials as set forth in Section 7.32.190.
7.32.110 Chapter 1 Division II, Administration-Deleted.
Chapter 1 Division II is deleted.
7.32.120 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement – Added.
The definitions of “Substantial Damage” and “Substantial Improvement” in Section 202 of the
State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. The term also includes flood-related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure
taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first permit issued for
improvement or repair of that building or structure subsequent to January 1, 2023. If the
structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
included either:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 58 of 108
1. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
7.32.130 Sections 502.2.1, 502.2.2, 502.2.3, 502.2.4, Chapter 5, Address illumination –
Added.
Sections 502.2.1, 502.2.2, 502.2.3, 502.2.4 are added to read:
502.2.1 The address number(s) shall be illuminated during the hours of darkness. The
light source shall be provided with an uninterruptible AC power source or controlled by a
photoelectric device.
502.2.2 Exterior doors in commercial tenant space numbers shall be addressed as
required in section 502.1. Exception, dual doors may have the addresses on one door or
centered above the doors. In addition, all rear doors or service doors will have the name
of the business in 4-inch-high lettering.
502.2.3 No other number may be affixed to a structure that might be mistaken for, or
confused with, the number assigned to the structure.
502.2.4 The assigned address, including the suite number, shall be displayed on all
electric meters in accordance with utility company standards.
7.32.140 Section 507.14, Chapter 5, Frontage Restriction-Added.
A new Section 507.14 is added to read:
507.14 Frontage Restriction. The increase in area permitted by Sections 506.3, 507.1
through 507.13 of this Section shall not be allowed unless or until the owner of the
required yard shall file an agreement binding such owner, his heirs, and assignees, to set
aside the required yard as unobstructed space having no improvements. Such
agreement shall be recorded in the Alameda County Recorder's Office.
Exception: When using the public way for frontage increase.
7.32.150 Section 706.1, Chapter 7, Fire Walls-Amended.
Section 706.1 is amended by adding a new subsection 706.1.2 to read:
706.1.2 Fire walls shall not be considered to create separate buildings for the purpose
of automatic fire-sprinkler system requirements as set forth in Chapter 9.
7.32.160 Section 701A.1, Chapter 7A, Scope-Amended.
Section 701A.1 is amended to read:
701A.1 Scope. This Chapter applies to building materials, systems and/or assemblies
used in the exterior design and construction of new buildings located within a Wildland-
Urban Interface (WUI) Fire Area as defined in Section 702A or adjacent to open space or
undeveloped land.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 59 of 108
7.32.170 Section 702A, Chapter 7A, Definitions-Amended.
Section 702A is amended to add the following definitions:
Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a
point of contact with open space.
Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which
have a point of contact with Undeveloped Land.
Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to
remain permanently undeveloped.
Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land
which is available for development, but no Tentative Map, Master Tentative Map or
Development Agreement has been approved, and any land designated for government use for
which no development plan has been approved.
7.32.180 Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception,
903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2,
903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and 903.2.10.1 – Deleted; 903.2.1.1#1,
903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1,
903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5,
903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 are deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1.
903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9, 903.2.9#1, 903.2.9#2, and
903.2.11, are amended to read as follows; and Sections 903.2.13 and 903.2.30 are added to read
as follows:
903.2.1.1 Group A-1 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m²).
903.2.1.3 Group A-2 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m²).
903.2.1.3 Group A-3 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m²).
903.2.1.4 Group A-4 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m²).
903.2.3 Group E Occupancies.
2. Throughout all Group E fire areas greater than 3,000 square feet (279 m²).
903.2.4 Group F Occupancies.
An automatic sprinkler system shall be provided throughout all buildings containing
a Group F occupancy where one of the following conditions exists:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 60 of 108
1. A Group F fire area exceeds 2,500 square feet (232 m²).
903.2.7 Group M Occupancies.
1. A Group M fire area exceeds 2,500 square feet (232 m²).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in all Group S occupancies as follows:
3. The fire area exceeds 2,500 square feet (232 m²);
4. Buildings with repair garages servicing vehicles parked in basements.
903.2.11.3 Buildings Three Or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies, regardless of type of
construction, if the building is three or more stories or more than 35 feet in height measured
from the pad grade level to the highest point of the building. An automatic sprinkler system
shall be installed in all other occupancies as may be required by the 2022 California
Building and Residential Code.
903.2.13 Group B Occupancies.
An automatic fire-extinguishing system shall be installed in Group B occupancies
where the floor area exceeds 3,000 square feet (279 m²).
903.2.30 All Occupancies.
An automatic fire-extinguishing system shall be installed in all occupancies located more
than one and one half (1½) miles from a fire station providing fire protection to that
location. Said distance shall be measured in a straight line.
Buildings containing portions which are required to have an automatic fire extinguishing
system because of the number of stories shall have the automatic fire extinguishing
system installed throughout and fire walls as set forth in Section 706 shall not be
considered as creating separate buildings for the purpose of this section.
Whenever an addition is made to an existing building, automatic fire-extinguishing
systems shall be installed if the existing building plus the addition exceeds the area or
height limitations set forth in this section. Whenever the use of an existing building or
portion thereof is changed in any manner so as to require the installation of an automatic
fire-extinguishing system, said system shall be installed in that portion of the building
housing the new use.
(Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5,
903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 are deleted)
7.32.190 Section 1505.1, Chapter 15, Fire Classification-Amended.
Section 1505.1 is amended to read:
1505.1 General. Roof Assemblies shall be divided into the classes defined below. Class
A, B, and C roof assemblies and roof coverings required to be listed by this section shall
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 61 of 108
be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated
wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum
roof coverings installed on buildings shall comply with the following:
1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe Roof
areas. Said map may be amended from time to time by including areas which are
annexed to the City within one of the two roofing areas. Said amendments may be
made by the Building Official after consultation, with the Chief of the Fire Department having jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
buildings housing R & U occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering material
that conforms to Class C or better or shall be made of concrete, ferrous or copper metal,
clay, slate or similar non-combustible material.
4. Other Occupancies. Any new roof covering and any alterations, repairs or
replacement of roof covering material for buildings housing all other occupancies
shall conform to the requirements as set forth in Roofing Area 1.
* Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
7.32.200 Table 1607.1, Chapter 16, Minimum Uniformly Distributed Live Loads, Lo, and
Minimum Concentrated Live Loads -Amended.
Table 1607.1 is amended by adding a new Footnote e to read:
e. Bridges for vehicular traffic shall be designed for H20 loading as designated by the
American Association of State Highway Officials.
7.32.210 Section 1705.3 Exception 1, Chapter 17, Concrete Construction – Amended.
Section, 1705.3 Exception 1 is amended to read:
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 pounds per square inch
(psi) (17.2 Mpa) regardless of the compressive strength specified in the construction
documents or used in the footing construction.
7.32.220 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended.
Section 1905.1.7, 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:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 62 of 108
(a) 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.
Exception:
In detached one- and two-family dwelling three stories or less in height, the
projection of the footing beyond the face of the supported member is permitted to
exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at
least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No.
4 and shall have a total area of not less than 0.002 times the gross cross-sectional
area of the footing. 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.
Exception:
In detached one- and two-family dwellings three stories or less in height and
constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to
have a total area of less than 0.002 times the gross cross –sectional area of the
footing.
7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements–Amended.
Table 2308.6.1 is amended by adding new footnotes “f” and “g” to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Category D
and E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.
7.32.240 Section 2308.6.9, Attachment of Sheathing-Amended.
Section 2308.6.9, is amended by adding a second paragraph:
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 (6096 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 24
inches (6096 mm) intervals along the top plate of discontinuous vertical framing.
7.32.250 Section 3116.1, Chapter 31, Prohibited Installations-Added.
A new Section 3115.1 is added to read:
3116.1 Prohibited Installations. It shall be unlawful to install a wood burning fireplace
or wood burning appliance that is not one of the following:
1) Pellet-fueled wood heater,
2) EPA certified wood heater,
3) Fireplace certified by EPA
7.32.260 Section 3203, Chapter 32, Signs-Added.
A new Section 3203 is added to read:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 63 of 108
3203 Signs. Signs when placed flat against the wall of a building shall not project
beyond the front property line more than 12 inches (305mm).
7.32.270 Section H101.2, Signs exempt from permits -Deleted.
Section H101.2 is deleted.
7.32.280 Section 1010, Appendix Chapter 10, Building security – Added.
Appendix Chapter 10 is added to read:
Section 1010 building security shall be in accordance with the Uniform Building Security Code in
addition to the following:
* Editor's Note: See Chapter 7.34 Residential Code for single family or townhouse
requirements.
(A) Addressing. All buildings shall be addressed as follows:
(1) Walkways serving six (6) or more individual units where the front entrance is not parallel
to the street and driveways servicing six (6) or more individual dwelling units shall have
minimum of 4-inch-high identification numbers, noting the range of unit numbers placed at the
entrance to each driveway at a height between thirty-six (36) and forty-two (42) inches above
grade. The address numbers shall be illuminated during the hours of darkness. The light
source shall be provided with an uninterruptible AC power source or controlled only by a
photoelectric device.
(2) There shall be positioned at each street entrance of a multi- family complex having more
than one structure, an illuminated diagrammatic representation (map) of the complex that shows
the location of the viewer and the unit designations within the complex. It shall be lighted during
the hours of darkness utilizing a light source, which is constructed of weather and vandal
resistant materials and provided with an uninterruptible AC power source or controlled by a
photoelectric device. Nothing in this section shall preclude the requirement for circuit protection
devices where applicable.
(3) If the building is adjacent to an alley, the number shall also be placed on or adjacent to
the rear gate accessing the alley. Any building with vehicular access to the rear through a
public or private alley shall display, in a clearly visible location, a highly reflective or illuminated
address number a minimum of four (4) inches in height.
(4) Where more than one (1) building is accessed by a common street entrance or there are
multiple buildings on the same lot, each principal building shall display the number or letter
assigned to that building on each corner of the building, as determined by the Building Official.
These numbers shall be made visible during the hours of darkness. The street name may also
be required when there is a secondary street frontage.
(5) Addressing shall not be obstructed by architectural structures such as trellises, arbors,
balconies, light fixtures and or landscaping.
(6) In Commercial Day Care or Education facilities, all interior and exterior doors shall be
provided with a room number on the door. A map of the facilities detailing location of all rooms
and their uses shall be kept on file at the facilities on-site office.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 64 of 108
(B) Exterior Openings. Exterior opening shall be as follows:
(1) Swinging exterior wood and steel doors shall be equipped as follows:
(a) A single or double door shall be equipped with a double- or single-cylinder deadbolt.
The bolt shall have a minimum projection of one (1) inch and be constructed so as to
repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths
(3/4) inch into the strike receiving the projected bolt. The cylinder shall have a cylinder
guard, a minimum of five pin tumblers and shall be connected to the inner portion of the
lock by connecting screws of at least one-fourth (1/4) inch in diameter. The provisions of
this paragraph do not apply where: (a) panic hardware is required, (b) conflicts with
emergency egress requirements of the building and fire codes or (C) an equivalent
device is approved by the authority having jurisdiction.
(b) Doorstop on a wooden jamb for an in-swing door shall be of one-piece construction
with the jamb joined by a rabbet.
(c) For the purpose of this section, doors leading from garage areas into a dwelling are
exterior doors.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double door(s) shall be equipped with metal flush bolts that have
a minimum embedment of five-eighths (5/8) inch into the head and threshold of the
doorframe.
(b) Double doors shall have an astragal constructed of steel a minimum of .125 inch
thick, which will cover the opening between the doors. The astragal shall be a minimum
of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door
to which it is attached. The astragal shall be attached to the outside of the active door by
means of welding or with non-removable bolts spaced apart on not more than ten (10)
inch centers. (The door to which such an astragal is attached must be determined by the
fire safety codes adopted by the enforcing authority.)
(3) Aluminum frame swinging doors shall be equipped as follows:
(a) The jamb on all aluminum frame-swinging doors shall be so constructed or protected
to withstand 1,600 pounds of pressure in both a vertical distance of three (3) inches and
a horizontal distance of one (1) inch each side of the strike, to prevent violation of the
strike.
(b) A single or double door shall be equipped with a double cylinder deadbolt with a bolt
projection exceeding one (1) inch, or a hook shaped or expanding dog bolt that engages
the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of
five pin tumblers and a cylinder guard.
(4) Panic hardware, whenever required by the California Building Code or Title 19, California
Administration Code, shall be installed as follows:
(a) Panic hardware shall contain a minimum of two (2) locking points on each door; or
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 65 of 108
(b) On single doors, panic hardware may have one locking point, which is not to be
located at either the top or bottom frame. The door shall have an astragal constructed of
steel .125 inch thick, which shall be attached with non-removable pins to the outside of
the door. The astragal shall extend a minimum of six (6) inches vertically above and
below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches
wide and extend a minimum of one (1) inch beyond the edge of the door to which it is
attached.
(c) Double doors containing panic hardware shall have an astragal attached to the doors
at their meeting point, which will close the opening between them, but not interfere with
the operation of either door. (The astragal shall not interfere with the safe operation of
emergency egress).
(5) Horizontal or Sliding Doors shall be installed as follows:
(a) In commercial occupancies, horizontal sliding doors shall be equipped with a metal
guide track at top and bottom and a cylinder lock and/or padlock with a hardened steel
shackle which locks at both heel and toe, and a minimum five pin tumbler operation with
non-removable key when in an unlocked position. The bottom track shall be so designed
that the door cannot be lifted from the track when the door is in a locked position.
(b) In residential occupancies, locks shall be provided on all sliding patio doors. The lock
bolt on all glass patio doors shall engage the strike sufficiently to prevent its being
disengaged by any possible movement of the door within the space or clearance
provided for installation and operation. The strike area shall be of material adequate to
maintain effectiveness of bolt strength.
(c) Sliding patio glass doors opening onto patios or balconies which are less than one
story above grade or are otherwise accessible from the outside shall have the moveable
section of the door sliding on the inside of the fixed portion of the door or possess an
approved secondary lock mounted on interior of moveable section.
(6) In office buildings (multiple occupancy), all entrance doors to individual office suites shall
meet the construction and locking requirements for exterior doors.
(7) In commercial occupancies, windows shall be deemed accessible if less than twelve (12)
feet above the ground. Accessible windows having a pane exceeding ninety-six (96) square
inches in an area with the smallest dimension exceeding six (6) inches and not visible from a
public or private thoroughfare shall be protected with burglary resistant glazing or other
approved methods as determined by the Building Official.
(8) Side or rear windows of the type that can be opened shall, where applicable, be secured
on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with
a hardened steel shackle, a minimum four pin tumbler operation.
(9) Protective bars or grills shall not interfere with the operation of opening windows if such
windows are required to be operable by the California Building Code.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 66 of 108
(10) All exterior transoms exceeding ninety-six (96) square inches on the side and rear of
any building or premises used for business purposes shall be protected with burglary resistant
glazing or other approved methods as determined by the Building Official.
(11) Roof openings shall be equipped as follows:
(a) All skylights on the roof of any building or premises used by business purposes shall
be provided with:
(1) Rated burglary resistant glazing; or
(2) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x ¼) inch
flat steel material under the skylight and securely fastened; or
(3) Steel grills of at least one-eighth (1/8) inch material with a maximum two (2)
inches mesh under the skylight and securely fastened.
(4) A monitored intrusion alarm system. The system shall be kept operable at all
times. The Chief of Police may require periodic testing of the alarm system to
verify proper operation.
(b) All hatchway openings on the roof of any building or premises used for business
purposes shall be secured as follows:
(1) If the hatchway is of wooden material, it shall be covered on the inside with at
least sixteen (16) U.S. gauge sheet metal, or its equivalent, attached with screws.
(2) The hatchway shall be secured from the inside with a slide bar or slide bolts.
(Fire Department approval may be desired.)
(3) Outside hinges on all hatchway openings shall be provided with non-
removable pins when using pin-type hinges.
(c) All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or
exterior walls of any building or premises used for business purposes shall be secured by
covering the same with either of the following:
(1) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x ¼) inch
flat steel material spaced no more than five (5) inches apart and securely
fastened; or
(2) Iron or steel grills of at least one-eighth (1/8) inch material with a maximum
two (2) inch mesh and securely fastened.
(3) If the barrier is on the outside, it shall be secured with bolts which are non-
removable from the exterior.
(4) The above must not interfere with venting requirements creating a potentially
hazardous condition to health and safety or conflict with the provisions of the
California Building Code or Title 19, California Administrative Code.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 67 of 108
(12) Exterior roof ladders shall not be permitted.
(13) Exterior electrical or phone panels are not permitted in commercial occupancies.
(14) Separation walls for individual commercial tenant spaces housed within a common
structure shall be solid with sheathing and continuous from the structure's foundation to roof or
floor / ceiling assembly. If both sides of the tenant spaces are accessible, then each side shall
be sheathed.
(15) Intrusion Devices.
(a) If the enforcing authority determines that the security measures and locking devices
described in this Chapter do not adequately secure the building, due to special
conditions, he/she may require the installation and maintenance of an intrusion device
(burglar alarm system).
(C) Landscaping.
(1) Shrubs and ground cover shall not directly cover windows and doorways.
(2) River rock used near parking lots or buildings shall be permanently affixed.
(3) Open space and buildings shall be arranged to afford visibility and opportunity for
surveillance by on-site users and passers-by.
(4) Barriers, both real and symbolic, shall be designed to afford opportunities for
surveillance through the barrier.
(5) For residential development, backyard gates shall be the full height of the wall or fence
adjacent and capable of being locked.
(6) For residential development, walls or fences, if installed, shall be a minimum of 6 feet in
height when adjacent to any of the following:
Reverse frontage
Retention/detention areas
Parks
Commercial areas
Industrial areas
Bike paths
(D) Lighting. Lighting of buildings or complexes shall at a minimum be illuminated as
follows:
(1) A site plan shall be provided showing buildings, parking areas, walkways, detailed
landscaping and a point-by-point photometric calculation of the required light levels.
(2) All exterior entrances shall be illuminated with a uniformly maintained minimum level of
one foot candle of light between ground level and 6 vertical feet within a minimum radius of 15
feet from the center of the entrance between sunset and sunrise.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 68 of 108
(3) Postal Service “gang boxes” (group postal boxes) shall be illuminated with a uniformly
maintained minimum level of one foot candle of light.
(4) Lighting of all exterior areas shall be designed to maximize surveillance and reduce
conflicts with building design, mature landscaping, and to minimize glare.
(5) Open stairways shall be illuminated with a minimum maintained five-tenths (0.5) foot-
candle of light in all landings and stair treads between sunset and sunrise. Enclosed stairways
and enclosed common corridors shall be illuminated at all times with a minimum maintained
one-foot candle of light on all landings and stair treads.
(6) Private streets, alleys, and emergency access roads shall be illuminated using the same
standards as established for public thoroughfares.
(7) Aisles, passageways, pedestrian walkways and recessed areas related to and within a
building, a building complex, or providing access to a building or building complex from a
parking lot or right of way shall be illuminated with a minimum uniformly maintained minimum
level of one foot candle of light between ground level and six vertical feet between sunset and
sunrise or other methods approved by the Building Official.
(8) Open parking lot and/or carport and refuse areas shall be provided with and maintained
to a minimum of one foot-candle of light on the parking surface. The Building Official may
approve a lower light level, if it can be demonstrated that the lower level provides for sufficient
security lighting.
(9) Covered parking lots or covered portions of parking lots shall be illuminated with a
uniformly maintained minimum level of one-foot candle of light between ground level and 6
vertical feet between sunset and sunrise. Lighting shall be designed so that architectural or
structural features do not obstruct the minimum light coverage.
(10) Parking structures or enclosed or partially enclosed parking lots shall be illuminated
with a uniformly maintained minimum level of two-foot candles of light between ground level and
6 vertical feet between sunrise and sunset (daylight hours).
(11) Lighting fixtures shall be so arranged as to illuminate light uniformly over the parking
surface and be tamper resistant.
(12) Public rest rooms, rooms identified for the general public and children’s recreation
areas shall be provided with emergency lighting meeting section 1006 of this Code.
All light sources required by this section shall be: (a) controlled by a photocell device or a time
clock that will turn the lights on at dusk and off at dawn and (b) protected by weather and vandal
resistant covers.
(E) Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling overhead,
solid overhead, swinging, sliding, or accordion style doors shall conform to the following
standards:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 69 of 108
(1) Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with
the locking hardware being attached to the support framing.
(2) Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a
minimum of 18 inches on center along the outside seams. There shall be a full width horizontal
beam attached to the main door structure which shall meet the pilot, or pedestrian access, door
framing within 3 inches of the strike area of the pilot or pedestrian access door.
(3) Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from
the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential
structures shall have a density not less than 5 ounces per square foot.
(4) Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the
door; or, if the door does not exceed 19 feet, a single bolt may be used if placed in the center of
the door with the locking point located either at the floor or door frame header.
(5) Doors with slide bolt assemblies shall have frames a minimum of .120 inches of
thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one
half (1 ½) inches into the receiving guide. A bolt diameter of three-eighths (3/8) inch may be
used in a residential building. The slide bolt shall be attached to the door with non-removable
bolts from the outside. Rivets shall not be used to attach slide bolt assemblies.
(6) Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle
locking at both heel and toe and a minimum five pin tumbler operation with non-removable key
when in an unlocked position. Padlocks used with interior mounted slide bolts shall have a
hardened steel shackle with a minimum 4-pin tumbler operation.
(F) Emergency Access
(1) Private roads and parking areas or structures controlled by unmanned mechanical
parking type gates shall provide for emergency access as follows:
Radio frequency access or by providing the gate access code for distribution to
emergency responders. When an access code is to be utilized, an illuminated control box is
to be mounted on a control pedestal consisting of a metal post/pipe, which shall be installed
at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be
located on the driver’s side of the road or driveway and accessible in such a manner as to
not require a person to exit their vehicle to reach it, nor to drive on the wrong side of the road
or driveway, nor to require any back-up movements in order to enter/exit the gate.
(2) Non-residential multi-tenant buildings utilizing electronic access control systems on the
main entry doors, and enclosed retail shopping centers shall be provided with a means to allow
for police emergency access.
(3) Pedestrian gates/doors using an electromagnetic type lock shall install a key switch
within a telephone/intercom console or in a control housing, or other method approved by the
Building Official that will provide for police emergency access. Options include radio frequency
access or providing the gate access code for distribution to emergency responders.
(4) All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling
units, and gates or doors to common walkways or hallways of residential complexes where
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 70 of 108
there are 4 or more dwelling units within the complex, shall provide for police emergency access
utilizing an approved key switch device or approved Knox box. The Knox box shall be installed
adjacent to each gate/door, securely attaching it to a fence or wall or location approved by the
Building Official.
(5) Pedestrian gate doors utilizing mechanical locks shall install a Knox box adjacent to
each gate/door, securely attaching it to a fence or wall
(G) Keying requirements
Upon occupancy by the owner or proprietor, each single unit in a tract or commercial
development, constructed under the same site development review, shall have locks using
combinations that are interchange free from locks used in all other separate dwellings,
proprietorships, or similar distinct occupancies.
(H) Laundry rooms or areas: Common area laundry rooms in multi-family complexes shall
be designed and protected as follows:
(1) Entry doors shall have:
(a) A minimum six hundred (600) square inch clear vision panel in the upper half of the
door, consisting of ¼” tempered glass;
(b) Automatic, hydraulic door closures;
(c) Self-locking door locks equipped with a deadlocking latch allowing exiting by a single
motion and openable from the inside without the use of a key or any special knowledge
or effort;
(d) Non-removable hinge pins for out-swinging doors to preclude removal of the door
from the exterior by removing the hinge pins; and
(e) A latch protector consisting of minimum 0.125-inch-thick steel attached to the door’s
exterior by non-removable bolts from the exterior. It shall be two (2) inches wide and
extend a minimum of five inches above and below the strike opening and extend a
minimum of one (1) inch beyond the edge of the door. It shall have a metal anti-spread
pin a minimum of one-half (1/2) inch in length.
(2) The laundry room shall be illuminated at all times with a minimum maintained one-foot
candle of light at floor level, using a non-interruptible power source. There shall be no light
switches inside the room that control light fixtures used to meet this lighting requirement.
(3) Any portion of an openable window which is within eight (8) feet vertically or six (6) feet
horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread,
platform, or similar surface, or any climbable pole or tree, or any surface providing a foothold,
shall be secured as required by section 1018 of the Uniform Building Security Code.
(4) The interior of laundry rooms shall be visible from the exterior along common walking or
driving surfaces. Perimeter windows and interior mirrors may be utilized to meet this
requirement. Laundry rooms are to be located in high activity areas with natural surveillance
opportunities and not in remote or isolated locations.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 71 of 108
(I) Elevators
Elevators shall be designed as follows:
Elevator cabs, the interiors of which are not completely visible when the door is open
from a point centered on the 36 inches away from the door shall have shatter resistant
mirrors or other equally reflective material so placed as to make visible the entire elevator
cab from this point. The elevator cab shall be illuminated at all times with a minimum
maintained 2-foot candles of light at floor level.
(J) Stairways
Except for private stairways, Stairways shall be designed as follows:
(1) Interior doors shall have glazing panels a minimum of 5 inches wide and 20 inches in
height and meet requirements of the California Building Code.
(2) Areas beneath stairways at or below ground level shall be fully enclosed or access to
them restricted.
(3) Enclosed stairways shall have shatter resistant mirrors or other equally reflective
material at each level and landing and be designed or placed in such manner as to provide
visibility around corners.
(K) Parking structures.
(1) Parking structures shall be designed to restrict unauthorized access.
(2) Outside stairwells shall be open and not obstructed from view
(3) Security telephones with monitoring capability shall be located on every level adjacent to
pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 200 feet but
less than 300 feet apart, additional security telephones shall be located at the midpoint between
pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 300 feet
apart, security telephones will be located at 100-foot intervals. Security telephones shall be
visible from all vehicular and pedestrian ingress/egress points and identified with appropriate
signage.
(4) Blind corners shall be provided with shatterproof convex mirrors to improve visibility for
both operators of vehicles and pedestrians.
(5) Doors shall be labeled with signage meeting the requirements of section 501.2
(6) Parking structures shall have the ceiling area of each floor or tier painted and maintained
white or other reflective color approved by the Building Official.
(L) Other requirements
(1) Storage Areas. Exterior storage area attached to a dwelling, apartment or condominium
and enclosed by a door shall comply with this section or have a minimum 3/8” diameter
hardened padlock hasp.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 72 of 108
(2) Side Gates. Side gates shall be the full height of the adjacent fence or wall and be
capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of
the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch and protrude at
least one and one-half (1 ½) inches into the receiving guide. The slide bolt shall be attached to
the gate with non-removable bolts. Rivets shall not be used to attach slide bolt assemblies.
The slide bolt shall be mounted at a height that is not accessible by reaching over the gate.
7.32.290 Section G101.4, Chapter Appendix G, Violations-Amended.
Section G101.4 is amended to read:
G101.4 Violations. Any violation of a provision of this appendix, or failure to comply
with a permit or variance issued pursuant to this appendix or any requirement of this
appendix, shall be enforced pursuant to Chapter 7.28 Dublin Municipal Code.
7.32.300 Section G101.5, Chapter Appendix G, Designation of floodplain
administrator-Amended.
Section G101.5 is amended to read:
G101.5 Designation of floodplain administrator. The Building Official is designated
as the floodplain administrator and is authorized and directed to enforce the provisions of
this appendix. The floodplain administrator is authorized to delegate performance of
certain duties to other employees of the jurisdiction. Such designation shall not alter any
duties and powers of the Building Official.
5195888.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 73 of 108
Exhibit E
Chapter 7.34
RESIDENTIAL CODE
Sections:
7.34.010 Title.
7.34.020 Purpose.
7.34.030 Adoption of Residential Codes.
7.34.040 Scope.
7.34.050 Additions, alterations and repairs-Generally.
7.34.060 Additions, alterations and repairs-Code compliance.
7.34.070 Alterations and repairs.
7.34.080 Additions.
7.34.090 Repair of roof covering.
7.34.100 Chapter R1, Division II, Administration- Deleted.
7.34.110 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement – Added.
7.34.120 Table R301.2(1), Chapter R3 – Amended.
7.34.130 Section R301.2.4 Floodplain Construction – Amended.
7.34.140 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler Systems –
Amended.
7.34.150 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler Systems –
Amended.
7.34.160 Section R319.2, Chapter R3, Site Address - Added.
7.34.170 Section R322.1 Chapter R3, General – Amended.
7.34.180 Section R337.1.1 Chapter R3, Scope – Amended.
7.34.190 Section R337.2 Chapter R3, Definitions – Amended.
7.34.200 Section R350, Chapter R3, Building Security – Added.
7.34.210 Section R403.1.3, Chapter R4, Footing and stem wall reinforcing in Seismic
Design Categories D0, D1, D2 – Amended.
7.34.220 Table R602.10.3(3), Chapter R6, Bracing Requirements – Amended.
7.34.230 Section R602.10.4.4, Chapter R6, Limits on methods GB and PCP – Added.
7.34.240 Section R902, Chapter 9, Fire Classification-Amended.
7.34.250 Section R1001.1.2 Chapter 10, Prohibited Installations—Added.
7.34.260 Chapters 11 through 43 are Deleted.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 74 of 108
7.34.010 Title.
The residential codes adopted by section 7.34.030 and the provisions of this Chapter shall
constitute the Dublin Residential Code and may be referred to as such.
7.34.020 Purpose.
The promotion and preservation of the public health, safety and general welfare of the people
of the City and the property situated therein have made necessary the adoption of the
residential codes referred to in Section 7.34.030 in order to adequately safeguard life, health,
property, and general welfare. The purpose of this Code is not to create or otherwise establish
or designate any particular class or groups of persons who will or should be especially protected
or benefited by the terms of this Code.
7.34.030 Adoption of Residential Codes.
A. The 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations,
a portion of the California Building Standards Code, as defined in the California Health and Safety
Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and
regulations promulgated pursuant thereto including the International Residential Code, 2021
Edition, including Appendix Chapters AH, AQ, AX, and AZ as published by the International Code
Council, and as referenced in and adopted pursuant to California Health and Safety Code
Sections 17922 and 18935, (hereinafter referred to as the “IRC”) are hereby adopted and
incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.34.030.A, the State Code and the IRC are
amended as set forth in Sections 7.34.100 through 7.34.260.
7.34.040 Scope.
A. The provisions of this Code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance,
removal, and demolition of every detached one- and two-family dwellings, townhouse not more
than three stories above grade plane in height with a separate means of egress and accessory
structures not more than three stories above grade plan in height throughout the City.
Exception: The following shall be permitted to be constructed in accordance with this code
where provided with automatic sprinklers systems complying with Section R313:
1: Live/work units located in townhouses and complying with requirements of Section
508.5 of the California Building Code.
2: Owner-occupied lodging houses with five or fewer guestrooms.
B. The permissive provision of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule, or regulation. If two or more pertinent limitations are
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 75 of 108
not identical, those limitations shall prevail which provide greater safety to life, health, property,
or public welfare.
C. Buildings shall be made accessible to persons with disabilities as required by Title 24
California Code of Regulation. Whenever there is a conflict between the provisions of this Code
and Title 24, California Code of Regulations with respect to the accessibility of buildings,
structures or spaces to persons with disabilities, the provisions of Title 24 shall prevail.
D. See the California Energy Code for energy conservation requirements, California
Mechanical Code for mechanical requirements, California Plumbing Code for plumbing
requirements and the California Electrical Code for electrical requirements. In addition, see the
California Building Code for interior environment requirements.
7.34.050 Additions, alterations and repairs-Generally.
Buildings or structures to which additions, alterations, or repairs are made shall comply with all
the requirements of this Code for new buildings or structures except as specifically provided for
in this section and Sections 7.34.060 through 7.34.090.
7.34.060 Additions, alterations and repairs-Code compliance.
Additions, alterations or repairs may be made to any building or structure without requiring the
existing building or structure to comply with all the requirements of this Code, provided the
addition, alteration or repair conforms to that required for a new building or structure. Additions
or alterations shall not be made to an existing building or structure which will cause the existing
building or structure to be in violation of any of the provisions of this Code nor shall such
additions or alterations cause the existing building or structure to become unsafe. An unsafe
condition shall be deemed to have been created if an addition or alteration will cause the
existing building or structure to become structurally unsafe or overloaded; will not provide
adequate egress in compliance with the provisions of this Code or will obstruct existing exits; will
create a fire hazard; will reduce required fire resistance or will otherwise create conditions
dangerous to human life. Any building so altered, which involves a change in use or occupancy,
shall not exceed the height, number of stories and area permitted for new buildings. Any
building plus new additions shall not exceed the height, number of stories and area specified for
new buildings. Additions or alterations shall not be made to an existing building or structure
when such existing building or structure is not in full compliance with the provision of this Code.
7.34.070 Alterations and repairs.
A. The provisions of Section 7.34.060 shall not prohibit the alteration or repair of any legally
established existing one- and two-family dwelling or townhouse not more than three stories
above grade plane in height with a separate means of egress or structure accessory thereto
which retains, replaces or extends the use of the original materials or continued use of original
methods of construction provided such alteration or repair does not create or continue a
dangerous building as defined in Section 7.28.020, a substandard building as defined in Section
7.28.090. However, such alteration or repair shall not reduce any required fire resistance below
that specified by this Code, reduce the resistance to lateral forces below that specified by this
Code, or increase the stress or deflection of any member so as to exceed that specified by this
Code.
B. The provisions of Section 7.34.060 pertaining to additions shall not require any legally
existing one- and two-family dwelling or townhouse not more than three stories above grade
plane in height with a separate means of egress, or structure accessory thereto to be made to
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 76 of 108
conform to the provisions of this Code solely because of the construction of the addition.
However, this section shall not be constructed to permit the addition to increase the stress or
deflection of any existing member so as to exceed that specified by the Building Code.
Whenever an addition increases the number of occupants which must exit through the existing
building, all of the exit facilities serving the increased number of occupants shall comply with the
provisions of this Code.
C. Whenever a new dwelling unit is created either by new construction, or by an alteration to an
existing building, separate gas and electrical meters shall be provided, except where
Government Code Section 65852.22 provides an exception to such a requirement.
7.34.080 Additions.
Notwithstanding the provisions of Section 7.28.240, whenever alterations, repairs, or additions
requiring a permit or one (1) or more sleeping rooms are added or created in existing Group R,
Division 3 Occupancies, the entire building shall be provided with smoke alarms and carbon
monoxide alarms located as required for new Group R, Division 3 Occupancies.
Furthermore, spark arrestors shall be installed on all chimneys connected to solid burning fuel-
burning appliances.
7.34.090 Repair of roof covering.
Roof coverings may be repaired or replaced with materials as set forth in Section 7.32.180 of
the Dublin Municipal Code.
7.34.100 Chapter R1, Division II Administration-Deleted.
Chapter R1 Division II is deleted.
7.34.110 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement.
The definitions of “Substantial Damage” and “Substantial Improvement” in Section 202 of the
State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. The term also includes flood-related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure
taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first permit issued for
improvement or repair of that building or structure subsequent to January 1, 2023. If the
structure has sustained substantial damage, any repairs are considered substantial
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 77 of 108
improvement regardless of the actual repair work performed. The term does not, however,
included either:
3. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
Any alteration of a historic structure provided that the alteration will not preclude the structure’s
continued designation as a historic structure.
7.34.120 Table R301.2, Chapter R3 – Amended.
Table R301.2 is amended to read:
GROUND
SNOW
LOAD o
WIND DESIGN
SEISMIC DESIGN
CATEGORY f Speed
(mph)
Topograph
ic Effects k
Special wind
region I
Windborne
debris
zone
N/A 92 NO NO NO D2
SUBJECT TO DAMAGE FROM ICE BARRIER
UNDERLAYME
NT REQUIRED
h
FLOOD
HAZARDS
g
AIR
FREEZIN
G INDEX i
MEAN
ANNUAL
TEMP j
Weatherin
g a
Frost
line
depth b
Termite c
Negligible 12" Very
Heavy NO 9/14/1987
See FIRM 2% 58.7
MANUAL J DESIGN CRITERIA n
Elevation
Altitude
correctio
n factor
e
Coincident
wet bulb
Indoor winter
design relative
humidity
Indoor
winter
design
dry-bulb
temperatur
e
Outdoor
Winter
design
dry-bulb
temperatur
e
Heating
temperatur
e
difference
200 1 67 75% 68% 32 36
Latitude Daily
range
Indoor
summer
design
relative
humidity
Indoor summer
design dry-bulb
temperature
Outdoor
summer
design
dry-bulb
temperatur
e
Cooling temperature
difference
38 35 75% 75% 90 15
7.34.130 Section R301.2.4 Floodplain Construction – Amended.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 78 of 108
Section R301.2.4 is amended to read:
Buildings and structures constructed in whole or in part in flood hazard areas (including A
or V Zones) as established in Table R301.2(1), and substantial improvement and repair of
substantial damage of buildings and structures in floor hazard areas, shall be designed and
constructed in accordance with ASCE24. Buildings and structures that are located in more than
one flood hazard area shall comply with the provisions associated with the most restrictive flood
hazard area.
7.34.140 Section R313.1 Exception, Chapter R3 Townhouse Automatic Fire Sprinkler
Systems – Amended.
Section R313.1 Exception is amended to read:
Exception: An automatic sprinkler systems shall not be required where additions or
alteration are made to existing townhouses that do not have an automatic sprinkler system
installed, provided that the total square footage of the existing building plus the addition does
not exceed 3600 square feet (334m²). Additions or alteration that remove 50 percent or more of
the existing exterior walls of a dwelling shall be considered a new dwelling for the purposes of
Section R313.1.
7.34.150 Section R313.2 Exception 1, Chapter R3 One and Two-family Dwellings
Automatic Fire Sprinkler Systems – Amended.
Section R313.2 Exception 1 is amended to read:
Exception: 1. An automatic residential fire sprinkler system shall not be required for
additions or alteration to existing building that are not already provided with an automatic
residential sprinkler system, provided that the total square footage of the existing building plus
the addition does not exceed 3600 square feet (334m²). Additions or alteration that remove 50
percent or more of the existing exterior walls of a dwelling shall be considered a new dwelling
for the purposes of Section R313.2.
7.34.160 Section R319.2, Chapter R3, Site Address - Added.
Section R319.2, is added to read:
R319.2 Address Location. Address shall be installed in the following locations:
1 Walkways serving six (6) or more individual units where the front entrance is not parallel to
the street and driveways servicing six (6) or more individual dwelling units shall have minimum
of four (4) inch high identification numbers, noting the range of unit numbers placed at the
entrance to each driveway at a height between thirty-six (36) and forty-two (42) inches above
grade. The address numbers shall be illuminated during the hours of darkness. The light
source shall be provided with an uninterruptible AC power source or controlled only by a
photoelectric device or photovoltaic powered.
2. No other number may be affixed to a structure that might be mistaken for, or confused
with, the number assigned to the structure.
3. If the building is adjacent to an alley, the number shall also be placed on or adjacent to
the rear gate accessing the alley.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 79 of 108
4. For multifamily buildings with recessed entryway over 2 feet, an additional lighted address
shall be placed at the entryway to the recessed area. If the recessed area provides access to
more than one dwelling unit, the range of units shall be displayed.
5. Each principal building of a multifamily complex shall display the number or letter
assigned to that building on each corner of the building at a height that will prevent the number
from being obscured by landscaping.
6. Any building with vehicular access to the rear through a public or private alley shall
display, in a clearly visible location, a highly reflective or illuminated address number a minimum
of four (4) inches in height.
7. Address numbers shall not be obstructed by architectural structures such as trellises,
arbors, balconies, light fixtures and or landscaping.
7.34.170 Section R322.1 Chapter R3, General – Amended.
Section R322.1 is amended to read:
R322.1 General. Buildings and structures constructed in whole or in part in flood hazard
areas, including A or V Zones and Coastal A Zones, as established in Table R301.2(1), and
substantial improvement and repair of substantial damage of buildings and structures in flood
hazard areas, shall be designed and constructed in accordance with ASCE24 Buildings and
structures that are located in more than one flood hazard area shall comply with the provisions
associated with the most restrictive flood hazard area.
7.34.180 Section R337.1.1 Chapter R3, Scope – Amended.
Section R337.1.1 is amended to read:
R337.1.1 Scope. Section R337 and all subsections apply to building materials, systems
and or assemblies used in the exterior design and construction of new buildings located
within a Wildland-Urban Interface (WUI) Fire Area as defined in Section R337.2 or adjacent
to open space or undeveloped land.
7.34.190 Section R337.2 Chapter R3, Definitions – Amended.
Section 337.2 is amended to add the following definitions:
Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a
point of contact with open space.
Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which
have a point of contact with Undeveloped Land.
Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to
remain permanently undeveloped.
Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land
which is available for development, but no Tentative Map, Master Tentative Map or
Development Agreement has been approved, and any land designated for government use.
7.34.200 Section R350, Chapter R3, Building Security – Added.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 80 of 108
Section R350 is added to read:
R350.1 Building Security. Residential building security shall be in accordance with the
Uniform Building Security Code in addition to the following:
R350.2 Exterior doors: Each exterior door shall be secured as follows:
1. Exterior doors (excluding glass patio doors) and doors leading from garage areas into
dwellings shall be equipped with a dead bolt lock with one-inch (1") throw.
2. Pairs of doors shall have flush bolts with a minimum throw of five-eighths inch (5/8") at
the head and foot (floor and ceiling) of the inactive leaf.
3. Doorstop on a wooden jamb for an in-swing door shall be of one-piece construction with
the jamb joined by a rabbet.
4. Locks shall be provided on all sliding patio doors.
5. Sliding patio glass doors opening onto patios or balconies which are less than one story
above grade or are otherwise accessible from the outside shall have the moveable
section of the door sliding on the inside of the fixed portion of the door or possess an
approved secondary lock mounted on interior of moveable section.
6. The lock bolt on all glass patio doors shall engage the strike sufficiently to prevent its
being disengaged by any possible movement of the door within the space or clearance
provided for installation and operation. The strike area shall be of material adequate to
maintain effectiveness of bolt strength.
R350.3 Landscaping.
1. Shrubs and ground cover shall not directly cover windows and doorways.
2. River rock used near parking lots or buildings shall be permanently affixed.
3. Backyard gates shall be the full height of the wall or fence adjacent and capable of being
locked.
4. Open space and buildings shall be arranged to afford visibility and opportunity for
surveillance by on-site users and passers-by.
5. Barriers, both real and symbolic, shall be designed to afford opportunities for surveillance
through the barrier.
6. For residential development, walls or fences, if installed, shall be a minimum of 6 feet in
height when adjacent to any of the following:
• Reverse frontage,
• Retention/detention areas,
• Parks, Commercial areas,
• Industrial areas, or
• Bike paths.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 81 of 108
R350.4 Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling overhead,
solid overhead, swinging, sliding, or accordion style doors shall conform to the following
standards;
1. Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with
the locking hardware being attached to the support framing.
2.Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a
minimum of 18 inches on center along the outside seams. There shall be a full width horizontal
beam attached to the main door structure which shall meet the pilot, or pedestrian access, door
framing within 3 inches of the strike area of the pilot or pedestrian access door.
3. Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from
the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential
structures shall have a density not less than 5 ounces per square foot.
4. Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the
door; or, if the door does not exceed 19 feet, a single bolt may be used if placed in the center of
the door with the locking point located either at the floor or door frame header.
5. Doors with slide bolt assemblies shall have frames a minimum of .120 inches of
thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one
half (1 ½) inches into the receiving guide. A bolt diameter of three-eighths (3/8) inch may be
used in a residential building. The slide bolt shall be attached to the door with non-removable
bolts from the outside. Rivets shall not be used to attach slide bolt assemblies.
R350.5 Emergency Access. Private roads and parking areas or structures controlled by
unmanned mechanical parking type gates shall provide for police emergency access as follows:
1. Radio frequency access or by providing the gate access code for distribution to
emergency responders. When an access code is to be utilized, an illuminated control box shall
be mounted on a control pedestal consisting of a metal post/pipe which shall be installed at a
height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located
on the driver’s side of the road or driveway and accessible in such a manner as to not require a
person to exit their vehicle to reach it, nor to drive on the wrong side of the road or driveway, nor
to require any back-up movements in order to enter/exit the gate.
2. All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling
units, and gates or doors to common walkways or hallways of residential complexes where
there are 4 or more dwelling units within the complex, shall provide for police emergency access
utilizing an approved key switch device or approved Knox box.
3. Pedestrian gates/doors using an electromagnetic type lock shall install a key switch within
a telephone/intercom console or in a control housing, or other method approved by the Building
Official that will provide for police emergency access. See 350.5.1 for options.
4. Pedestrian gate/doors (including pedestrian gates/doors in pool enclosures and
recreational facilities) utilizing mechanical locks shall install a Knox box adjacent to each
gate/door, securely attaching it to a fence or wall.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 82 of 108
R350.6 Keying requirements. Upon occupancy by the owner or proprietor, each single unit in
a tract constructed under the same site development review, shall have locks using
combinations that are interchange free from locks used in all other separate dwellings,
proprietorships, or similar distinct occupancies.
R350.7 Other requirements
1. Storage Areas. Any exterior storage area attached to a dwelling enclosed by a door
shall comply with this section or have a minimum 3/8” diameter hardened padlock hasp.
2. Side Gates. Side gates shall be the full height of the adjacent fence or wall and be
capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of
the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch and protrude at
least one and one-half (1 ½) inches into the receiving guide. The slide bolt shall be attached to
the gate with non-removable bolts. The slide bolt shall be mounted at a height that is not
accessible by reaching over the gate.
7.34.210 Section R403.1.3, Chapter R4, Footing and stem wall reinforcing in Seismic
Design Categories D0, D1, D2. – Amended.
Section R403.1.3 is amended to read:
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories D0, D1,
D2. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in
Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal
reinforcing bars, one top and one bottom and not smaller than No. 4 bars. Bottom reinforcement
shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
7.34.220 Table R602.10.3(3), Chapter R6, Bracing Requirements – Amended.
Table R602.10.3(3) is amended by adding a new footnote “i” to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permit in Seismic Design Categories D0,
D1, and D2 .
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1,
and D2 where S1 is greater than or equal to 0.75.
Add the “i, j” footnote notation in the title of Table R602.10.3(3) to read:
TABLE R602.10.3(3)i, j
7.34.230 Section R602.10.4.5, Chapter R6, Limits on methods GB and PCP –
Added.
A new Section R602.10.4.5 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 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 from 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 dwellings and
accessory structures.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 83 of 108
7.34.240 Section R902, Chapter 9, Fire Classification-Amended.
Section R902.1 is amended to read:
R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in
Sections R904 and R905. A minimum Class A, B or C roofing shall be installed in areas
as designated below or where the edge of the roof is less than 3 feet from a lot line.
Class A, B and C roofing required by this section to be listed shall be tested in
accordance with UL 790 or ASTM E 108.
1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe Roof
areas. Said map may be amended from time to time by including areas which are
annexed to the City within one of the two roofing areas. Said amendments may be
made by the Building Official after consultation, with the Chief of the Fire Department or their designee having jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
buildings housing R & U-1 occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering material
that conforms to Class C or better or shall be made of concrete, ferrous or copper metal,
clay, slate or similar non-combustible material.
* Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
7.34.150 Section R1001.1.2 Chapter 10, Prohibited Installations—Added.
A new Section R1001.1.2 is added to read:
R1001.1.2 Prohibited Installations. It shall be unlawful to install a new wood burning
fireplace or appliance that is not one of the following:
4) Pellet-fueled wood heater,
5) EPA certified wood heater,
6) Fireplace certified by EPA
7.34.260 Chapters 11 through 43 are Deleted.
Chapters 11 through 43 are deleted.
5195914.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 84 of 108
Exhibit F
Chapter 7.36
ELECTRICAL CODE
Sections:
7.36.010 Title.
7.36.020 Purpose.
7.36.030 Adoption of Electrical Codes.
7.36.040 Scope.
7.36.050 Exceptions.
7.36.060 Additions, alterations and repairs.
7.36.070 Section 210.53, Office receptacle outlets-Added.
7.36.010 Title.
The buildings codes adopted by reference in Section 7.36.030 and the provisions of this
Chapter shall constitute the Dublin Electrical Code and may be referred to as such.
7.36.020 Purpose.
A. The promotion and preservation of the public health, safety, and general welfare of the
people of the City and the property situated therein have made necessary the adoption of the
electrical codes referred to in Section 7.36.030 in order to adequately safeguard life, health,
property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any particular
class or groups of persons who will or should be especially protected or benefited by the terms
of this code.
7.36.030 Adoption of Electrical Codes.
A. The 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a
portion of the California Building Standards Code, as defined in the California Health and Safety
Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and
regulations promulgated pursuant thereto including the National Electrical Code, 2020 Edition, as
published by the National Fire Protection Association, and as referenced in and adopted pursuant
to California Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the
"NEC") are hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.36.030.A, the State Code and the NEC are
amended as set forth in Section 7.36.080.
7.36.040 Scope.
A. The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, moving, removal demolition, conversion, use, and
maintenance of any electrical wiring, appliances, devices, equipment, and apparatuses used for
or in connection with the transmission or use of electrical energy for light, heat, power, radio,
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 85 of 108
signaling communication or for other purpose in any building, structure, or premises within the
City.
B. The permissive provisions of this code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule, or regulation. If two (2) or more pertinent limitations
are not identical, those limitations shall prevail which provide greater safety to life, health,
property or public welfare.
C. Electrical appliances and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of this code and Title 24
California Code of Regulation, the provisions of Title 24 shall prevail.
7.36.050 Exceptions.
The provisions of this code shall not apply to:
A. Work located in a public street;
B. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars and
aircraft; however, if any of the foregoing are permanently placed on the ground or have their
wheels removed for other than temporary repairs, they shall comply with all the provisions of the
electrical code;
C. Electrical installations within houseboats or other watercrafts; however, if any of the
foregoing are stored out of the water and used for any purpose whatsoever, they shall comply
with all the provisions of the electrical code;
D. Electrical installations owned or operated by a public utility for the use of such utility in the
generation, transmission, distribution or metering of electrical energy;
E. Radio and television receiving equipment, amateur radio transmitting and receiving
equipment, and community antenna television systems.
7.36.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing electrical installation shall
conform to the applicable provisions of this code. In addition, any portion of an existing electrical
installation which would become overloaded or have its capacity exceeded as determined by the
standards in this code for new installation as a result of the addition shall be made to conform to
the applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing electrical installation
shall conform to the applicable provisions of this code except that the Building Official may allow
deviations from the provisions of this code, provided the deviations are necessary due to the
circumstances of the existing conditions; the existing condition was permitted by a previous
Code; and such deviation does not create or continue a hazard to life, health, and property.
7.36.070 Section 210.53, Office receptacle outlets-Added.
Section 210.53 is added to read:
210.53 Office Receptacle Outlets. In office buildings or offices exceeding ten (10)
percent of the floor area of the major use, receptacle outlets shall be installed in all
permanent walls or partitions of each office so that no point along the floor line any wall
space is more than six (6) feet (1.83m) measured horizontally, from an outlet in that space
including any wall space two (2) feet (610 mm) or more in width and the wall space occupied
by sliding panels in exterior walls.
As used in the section a "wall space" shall be considered a wall unbroken along the
floor line by doorways, fireplaces and similar openings. Each wall space two (2) or more feet
(610 mm) wide shall be treated individually and separately from other wall spaces within the
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 86 of 108
room. A wall space shall be permitted to include two or more walls of a room (around
corners) where unbroken at the floor line.
As used in this section “office space” means an enclosed office space with hard walls.
Open office floor plans are not affected by this section.
Receptacle outlets shall, insofar as practicable be spaced equal distances apart.
Receptacle outlets in floors shall not be counted as part of the required number of receptacle
outlets unless located near the wall.
The receptacle outlets required by the section shall be in addition to any receptacle that
is part of any lighting fixture or appliance, located within cabinets or cupboards, or located
over five and one-half (5 ½) feet (1.68 m) above the floor.
5195936.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 87 of 108
Exhibit G
Chapter 7.40
PLUMBING CODE
Sections:
7.40.010 Title.
7.40.020 Purpose.
7.40.030 Adoption of Plumbing Codes.
7.40.040 Scope.
7.40.050 Exceptions.
7.40.060 Additions, alterations and repairs.
7.40.070 Chapter 1, Division II, Administration–Deleted.
7.40.080 Section 609.3, Chapter 6, Water piping in slab floors–Amended.
7.40.010 Title.
The plumbing codes adopted by reference in Section 7.40.030 and the provisions of this
Chapter shall constitute the Dublin Plumbing Code and may be referred to as such.
7.40.020 Purpose
A. The promotion and preservation of the public health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of the
plumbing codes referred to in Section 7.40.030 in order to adequately safeguard life, health,
property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any particular
class or groups of persons who will or should be especially protected or benefited by the terms
of this code.
7.40.030 Adoption of Plumbing Codes.
A. The 2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a
portion of the California Building Standards Code, as defined in the California Health and Safety
Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and
regulations promulgated pursuant thereto including the Uniform Plumbing Code, 2021 Edition,
including Appendix Chapters A, B, D, H, and I, as published by the International Association of
Plumbing and Mechanical Officials, and as referenced in and adopted pursuant to California
Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the "UPC") are
hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.40.030.A, the State Code and the UPC are
amended as set forth in Sections 7.40.070 through 7.40.080 of this Chapter.
7.40.040 Scope.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 88 of 108
A. The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, movement, relocation, replacement removal,
demolition, conversion, use, and maintenance of any plumbing installation, gas or drainage
piping installation or any fixture or water heating or treating equipment, or maintenance of
plumbing systems in any building, structure, or premises within the City.
B. The permissive provisions of this code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule, or regulation. If two (2) or more pertinent limitations
are not identical, those limitations shall prevail which provide greater safety to life, health,
property, or public welfare.
C. Plumbing fixtures and equipment shall be made accessible to the physically handicapped.
Whenever there is a conflict between the provisions of this code and Title 24, California Code of
Regulations, the provisions of Title 24 shall prevail.
7.40.050 Exceptions.
The provisions of the plumbing code shall not apply to:
A. Work located in a public street:
B. Plumbing systems within trailer coaches, campers, motor vehicles, railroad cars and
aircraft: however, if any of the foregoing are permanently placed on the ground or have their
wheels removed for other than temporary repairs, they shall comply with all the provisions of the
plumbing code:
C. Plumbing systems within houseboats or other watercraft; however, if any of the foregoing
are stored out of water and used for any purpose whatsoever, they shall comply with all the
provisions of the plumbing code;
D. Building sewers as defined in Chapter 2 of the California Plumbing Code located within the
boundaries of a sanitary district and such district has regulations for building sewers and such
regulations are in force;
E. Sewage treatment and collection facilities of a sanitary district;
F. Water treatment, storage, transmission and distribution facilities of a water district or water
company regulated by the Public Utilities Commission:
G. Gas storage, transmission and distribution facilities owned by a public utility:
H. Wells and water supply systems for irrigation and watering livestock provided such water is
not used for human consumption.
7.40.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing plumbing installation shall
conform to the applicable provisions of this code. In an addition, any portion of an existing
plumbing installation that would become overloaded or have its capacity exceeded as
determined by the standards in this code for new installation as a result of the addition shall be
made to conform to the applicable provision of this code.
B. Alterations, repairs to, or replacement of equipment in any existing plumbing installation
shall conform to the applicable provisions of this code except that the Building Official may allow
deviations from the provisions of this code, provided the deviations are necessary due to the
circumstance of the existing conditions; the existing condition was permitted by a previous code;
and such deviation does not create or continue a hazard to life, health and property.
7.40.070 Chapter 1 Division II Administration–Deleted.
Chapter 1 Division II is deleted.
7.40.080 Section 609.3, Chapter 6, Under Concrete Slab–Amended.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 89 of 108
Section 609.3, first paragraph, is amended by replacing it to read:
Section 609.3 Water piping shall not be installed in or under a concrete floor slab within a
building without prior approval of the Building Official. When approved, such piping shall
be installed in accordance with the following requirements:
5196100.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 90 of 108
Exhibit H
Chapter 7.44
MECHANICAL CODE
Sections:
7.44.010 Title.
7.44.020 Purpose.
7.44.030 Adoption of Mechanical Codes.
7.44.040 Scope.
7.44.050 Exceptions.
7.44.060 Additions, alterations and repairs.
7.44.070 Chapter 1, Division II, Administration–Deleted.
7.44.010 Title
The mechanical codes adopted by reference in Section 7.44.030 and the provisions of this
Chapter shall constitute the Dublin Mechanical Code and may be referred to as such.
7.44.020 Purpose.
A. The promotion and preservation of the public health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of the
mechanical codes referred to in Section 7.44.030 in order to adequately safeguard life, health,
property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this code.
7.44.030 Adoption of Mechanical Codes.
A. The 2022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations,
a portion of the California Building Standards Code, as defined in the California Health and Safety
Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and
regulations promulgated pursuant thereto including the Uniform Mechanical Code, 2021 Edition,
including Appendix Chapters B, and C , as published by the International Association of Plumbing
and Mechanical Officials, and as referenced in and adopted pursuant to California Health and
Safety Code Sections 17922 and 18935, (hereinafter referred to as the "UMC") are hereby
adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.44.030.A, the State Code and the UMC are
amended as set forth in Section 7.44.070.
7.44.040 Scope.
A The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, movement, relocation, removal, demolition,
replacement, conversion, use, and maintenance of any heating, ventilating, comfort cooling,
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 91 of 108
refrigeration systems, incinerators or other heat producing appliances, mechanical systems in
any building, structure, or premises within the City.
B. The permissive provisions of this code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule or regulation. If two (2) or more pertinent limitations
are not identical, those limitations shall prevail which provide greater safety to life, health,
property or public welfare.
C. Mechanical appliances and equipment shall be made accessible to the physically
handicapped as required by Title 24 California Code of Regulations. Whenever there is a
conflict between the provisions of this code and Title 24, California Code of Regulations, the
provisions of Title 24 shall prevail.
7.44.050 Exceptions
The provisions of the mechanical code shall not apply to:
A. Work located in a public street;
B. Heating, ventilation, comfort cooling, refrigeration systems, incinerators or other heating or
cooling appliances within trailer coaches, campers, mobile homes, motor vehicles and airplanes:
however, if any of the foregoing are permanently placed on the ground or have their wheels
removed for other than temporary repairs, they shall comply with all the provisions of this code;
C. Heating, ventilating, comport cooling, refrigeration systems, incinerators or other heating or
cooling appliances within houseboats or other watercraft: however, if any of the foregoing are
stored out of water and used for any purpose whatsoever, they shall comply with all the
provisions of this code.
7.44.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing mechanical installation shall
conform to the applicable provisions of this code. In addition, any portion of an existing
mechanical installation which would become overloaded or have its capacity exceeded as
determined by the standards in this code for new installations as a result of the addition shall be
made to conform to the applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing mechanical installation
shall conform to the applicable provisions of this code except that the Building Official may allow
deviations from the provisions of this code, provided the deviations are necessary due to the
circumstance of the existing condition; the existing condition was permitted by a previous code;
and such deviation does not create or continue a hazard to life, health and property.
7.44.070 Chapter 1, Division II, Administration–Deleted.
Chapter 1, Division II, is deleted.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 92 of 108
Exhibit I
Chapter 7.45
SWIMMING POOL AND SPA CODE
7.45.010 Title
7.45.020 Purpose.
7.45.030 Adoption.
7.45.040 Scope.
7.45.050 Exceptions
7.45.060 Amendments to the International Swimming Pool and Spa Code.
7.45.070 Sections 101 through 109, and Sections 111 through 114, Chapter 1, Scope
and Administration-Deleted.
7.45.080 Chapter 2, Definitions - Added.
7.45.090 Chapter 2, Definitions - Amend.
7.45.100 Section 303, Chapter 3, Energy - Amended.
7.45.110 Section 304.2, Chapter 3, Determination of impacts based on locations -
Amended.
7.45.120 Section 305.2, Chapter 3, Outdoor Swimming Pools and Spas - Amended.
7.45.130 Section 318.4, Chapter 3, Water Conservation - Added.
7.45.140 Section 901.2, Chapter 9, General - Deleted.
7.45.150 Section 1101.1, Chapter 11, Referenced Codes and Standards - Added.
7.45.160 Section 1101.2, Chapter 11, Application of Codes- Added.
7.45.170 Chapter 11, Referenced Standard-ANSI/APSP/ICC-13-2017 - Added.
7.45.010 Title
The International Swimming Pool and Spa Code adopted by Section 7.45.030 and the
provisions of this chapter is the City swimming pool and spa code and may be cited as such and
will be referred to in the International Swimming Pool and Spa Code and in this chapter as “this
code.”
7.45.020 Purpose.
A. The purpose of this code is to establish minimum requirements to provide a reasonable
level of safety, health, property protection and general welfare by regulating and controlling the
design, construction, installation, quality of materials, location and maintenance or use of pools
and spas.
B. The purpose of this code is not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this code.
7.45.030 Adoption.
The 2021 International Swimming Pool and Spa Code, as published by the International Code
Council a copy of which have been and are now filed in the Office of the Building Official, 100
Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by
reference pursuant to Section 50022.4 et seq. of the Government Code of the State of California,
and the codes are hereby adopted and incorporated as fully as if set out at length herein, and
from the date on which the ordinance codified in this chapter shall take effect, the provisions
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 93 of 108
thereof shall be controlling within the limits of the City of Dublin. except as hereinafter modified in
Sections 7.45.060 through 7.45.170
7.45.040 Scope.
A The provisions of this code shall apply to the construction, alteration, movement, renovation,
replacement, repair and maintenance of aquatic recreation facilities, pools, and spaces. The
pools and spas covered by these codes are either permanent or temporary and shall be only
those that are designed and manufactured to be connected to a circulation system and that are
intended for swimming, bathing, or wading.
B. The permissive provisions of this code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule or regulation. If two (2) or more pertinent limitations
are not identical, those limitations shall prevail which provide greater safety to life, health,
property or public welfare.
C. Swimming Pool Safety Act. The provisions contained in Appendix Chapter AX of the
California Residential Code are mandatory to reflect the Swimming Pool Safety Act found in
Health and Safety Code Section s115920 through 115929. Note: See Chapter 31, Section 3109
of the California Building Code.
7.45.050 Exceptions
The provisions of the swimming pool and spa code shall not apply to:
A. Flotation tank systems intended for sensory deprivation therapy.
7.45.060 Amendments to the International Swimming Pool and Spa Code.
The text of the International Swimming Pool and Spa Code, as adopted by section 7.45.030, is
further amended to conform to the California Building Standards Code as follows:
Delete the following references Insert the following references
International Building Code California Building Code
International Residential Code California Residential Code
International Mechanical Code California Mechanical Code
National Electrical Code or NFPA 70 California Electrical Code
International Fire Code California Fire Code
International Plumbing Code California Plumbing Code
International Existing Building Code California Existing Building Code
International Zoning Code Zoning Ordinance of the City of Dublin
International Energy Conservation
Code
California Energy Code
International Fuel Gas Code California Plumbing Code
Name of jurisdiction City of Dublin
Code official Building Official
“in accordance with Section 102.7 and
this section.”
“this section.”
7.45.070 Sections 101 through 109, and Sections 111 through 114, Chapter 1, Scope
and Administration-Deleted.
Sections 101 through 109, and Sections 111 through 114, Chapter 1 are deleted.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 94 of 108
7.45.080 Chapter 2, Definitions - Added.
The following definitions are added to read:
ANSI/APSP Performance Standard. ANSI/APSP performance standard means a standard
that is accredited by the American National Standards Institute (ANSI) and published by the
Association of Pool and Spa Professionals (APSP).
Approved Safety Pool Cover. Approved safety pool cover means a manually or power-
operated safety pool cover that meets all of the performance standards of the American Society
of Testing and Materials (ASTM), in compliance with standard F1346-91.
Enclosure. Enclosure means a fence, wall, or other barrier that isolates a swimming pool from
access to the home.
Exit Alarms. Exit alarms means devices that make audible, continuous alarm sounds when
any door or window, that permits access from the residence to the pool area that is without any
intervening enclosure, in opened or is left ajar. Exist alarms may be battery operated or may be
connected to the electrical wiring of the building.
Swimming Pool or Pool. Swimming pool of pool means any structure intended for swimming
or recreational bathing that contains water over eighteen (18) inches deep. Swimming pool
shall include in-ground and above ground structures and includes, but is not limited to, hot tubs,
spaces, portable spas, and nonportable wading pools.
7.45.090 Chapter 2, Definitions - Amend.
The following definitions are amended to read:
Public swimming pool. Public swimming pool means a swimming pool operated for the use of
the general public with or without charge, or for the use of the members and guests of a private
club. Public swimming pool does not include a swimming pool located on the ground of a
private single-family home.
Suction Outlet. Suction outlet means a fitting or fixture typically located at the bottom or on the
sides of a swimming pool that conducts water to a recirculating pump.
7.45.100 Section 303, Chapter 3, Energy - Amended.
Section 303. is deleted in its entirety and amended to read:
303 Energy. All pool and spa energy consumption shall meet the requirements in
the California Energy Code.
7.45.110 Section 304.2, Chapter 3, Determination of impacts based on locations -
Amended.
Section 304.2. is amended to read:
304.2 Determination of impacts based on location. Pools and spas in flood
hazard areas indicated with in the City of Dublin shall comply with 304.2.1 or 304.2.2.
The remainder of section 304.2 is unchanged.
7.45.120 Section 305.2, Chapter 3, Outdoor Swimming Pools and Spas - Amended.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 95 of 108
Section 305.2 is amended to read:
305.2 Outdoor swimming pools and spas. Other than those facilities regulated
by the Swimming Pool Safety Act (Health and Safety Codes Sections 115920 through
115929), 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
7.45.130 Section 318.4, Chapter 3, Water Conservation - Added.
Section 318.4 is added to read:
318.4, Water conservation. Water conservation efficiency in residential and
public pools, spas, portable spas, and swim spas shall be provided for in accordance with
APSP 13.
7.45.140 Section 901.2, Chapter 9, General - Deleted.
Section 901.2 is deleted.
7.45.150 Section 1101.1, Chapter 11, Referenced Codes and Standards - Added.
Section 1101.1 is added to read:
1101.1 Referenced codes and standards. The codes and standards referenced
in this code shall be those that are listed in this chapter and such codes and standards
shall be considered to be part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of this code and the
referenced standards, the provision of this code shall be the minimum requirements.
7.45.160 Section 1101.2, Chapter 11, Application of Codes- Added.
Section 1101.2 is added to read:
1101.2 Application of Codes. Where the Residential Code is referenced in this
code, the provisions of the Residential Code shall apply to related systems in detached
one- and two-family dwellings and townhouses not more than three stories in height.
Other related systems shall comply with the applicable Code or referenced standard.
7.45.170 Chapter 11, Referenced Standard-ANSI/APSP/ICC-13-2017 - Added.
Referenced standard ANSI/APSP/ICC-13-2017 is added to Chapter 11
Standard
Acronym
Standard Name Sections
Herein
Referenced
ANSI/APSP/ICC-
13-2017
American National Standard for Water Conservation
Efficiency in Residential and Public Pools, space,
Portable Spas and Swim Spas
318.4
5196125.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 96 of 108
Exhibit J
Chapter 7.46
EXISTING BUILDING CODE
Sections:
7.46.010 Title.
7.46.020 Purpose.
7.46.030 Adoption of Existing Building Codes.
7.46.040 Scope.
7.46.050 Exceptions.
7.46.060 Applicability.
7.46.070 Chapter 1 Division II, Administration-Deleted.
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement.
7.46.090 Chapters 6 through 13-Deleted.
7.46.010 Title.
The building codes adopted by section 7.46.030 and the provisions of this Chapter shall
constitute the Dublin Existing Building Code and may be referred to as such.
7.46.020 Purpose.
The intent of this code is to provide flexibility to permit the use of alternative approaches to
achieve compliance with minimum requirements to provide a reasonable level of safety, health,
property protection and general welfare insofar as they are affected by the repair, alteration,
change of occupancy, addition and relocation of existing buildings. The purpose of this Code is
not to create or otherwise establish or designate any particular class or groups of persons who
will or should be especially protected or benefited by the terms of this Code.
7.46.030 Adoption of Existing Building Code.
A. The 2022 California Existing Building Code, Part 10, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the California
Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and
any rules and regulations promulgated pursuant thereto including the International Existing
Building Code, 2021 Edition, including Appendix Chapter A, as published by the International
Code Council, and as referenced in and adopted pursuant to California Health and Safety Code
Sections 17922 and 18935, (hereinafter referred to as the "IEBC") are hereby adopted and
incorporated by reference herein.
The codes and standards referenced in this code shall be considered part of this code to the
prescribed extent of each such reference. Where the extent of the reference to a referenced code
or standard includes subject matter that is within the scope of this code or the Building,
Mechanical, Plumbing, Housing, Fire or Energy Codes, the provisions of these codes as
applicable, shall take precedence over the provisions in the referenced code or standard.
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 97 of 108
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.46.030.A, the State Code and the IEBC are
amended as set forth in Sections 7.46.070 through 7.46.090.
7.46.040 Scope.
A. The provisions of this Code shall apply to repair, alteration, change of occupancy, addition
to and relocation of existing buildings.
B. The permissive provision of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule, or regulation. If two or more pertinent limitations are
not identical, those limitations shall prevail which provide greater safety to life, health, property,
or public welfare.
C. Where work regulated by this code is also regulated by the construction requirements for
existing buildings in Chapter 11 of the Fire Code, such work shall comply with applicable
requirements of both codes.
D. Buildings shall be made accessible to persons with disabilities as required by Title 24
California Code of Regulation. Whenever there is a conflict between the provisions of this Code
and Title 24, California Code of Regulations with respect to the accessibility of buildings to
persons with disabled, the provisions of Title 24 shall prevail.
7.46.050 Exceptions.
The provisions of this Code shall not apply to:
Detached one- and two-family dwellings and townhouses not more than three stories above
grade plane in height with a separate means of egress, and their accessory structures not more
than three stories above grade plane in height, shall comply with this code or the Residential
Code.
7.46.060 Applicability.
This code shall apply to the repair, alteration, change of occupancy, addition and relocation of
existing buildings, regardless of occupancy, subject to the criteria of Sections 7.46.060 A and
7.46.060 B.
A. Buildings not previously occupied. A building or portion of a building that has not
been previously occupied or used for its intended purpose, in accordance with the laws in
existence at the time of its completion, shall be permitted to comply with the provisions of
the laws in existence at the time of its original permit unless such permit has expired,
Subsequent permits shall comply with the Building or Residential Codes, as applicable,
for new construction.
B. Buildings previously occupied. The legal occupancy of any building existing on the
date of adoption of this code shall be permitted to continue without change, except as is
specifically covered in this code, the Fire Code, or the Building Maintenance Code, or as
is deemed necessary by the Building Official for the general safety and welfare of the
occupants and the public.
7.46.070 Chapter 1 Division II, Administration-Deleted.
Chapter 1 Division II is deleted.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 98 of 108
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement.
The definitions of “Substantial Damage” and “Substantial Improvement” in Section 202 of the
State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. The term also includes flood-related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure
taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first permit issued for
improvement or repair of that building or structure subsequent to January 1, 2023. If the
structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
included either:
4. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
5. Any alteration of a historic structure provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
7.46.090 Chapters 6 through 13-Deleted.
Chapters 6 through 13 are deleted.
5196169.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 99 of 108
Exhibit K
Chapter 7.48
BUILDING MAINTENANCE CODE
Sections:
7.48.010 Title.
7.48.020 Purpose.
7.48.030 Adoption.
7.48.040 Scope.
7.48.050 Amendments to the International Property Maintenance Code.
7.48.060 Chapter 1, Scope and Administration-Deleted.
7.48.070 Sections 302.2, 302.3, 302.4 and 302.8, Chapter 3, Exterior Property Areas –
Deleted.
7.48.080 Section 303.2, Chapter 3, Enclosures – Amended.
7.48.090 Section 304.14, Chapter 3, Insect Screens – Amended.
7.48.100 Section 304.16, Chapter 3, Under-Floor areas – Amended.
7.48.110 Sections 308.2.1.1, Chapter 3, Garbage Receptacles – Added.
7.48.120 Sections 309.1 and 309.2, Chapter 3, Pest Elimination – Amended.
7.48.130 Section 310.1 and 310.2, Chapter 3, Sanitation – Added.
7.48.140 Section 311, Chapter 3, Caretaker – Added.
7.48.010 Title.
The International Property Maintenance Code adopted by Section 7.48.030 and the provisions
of this chapter are the City building maintenance code and may be cited as such and will be
referred to in the International Property Maintenance Code and in this chapter as "this code."
7.48.020 Purpose.
A. The promotion and preservation of the public health, safety, and general welfare of the
people of the City and the property situated therein have made necessary the adoption of the
International Property Maintenance Code referred to in Section 7.48.030 in order to adequately
safeguard life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this code.
7.48.030 Adoption.
The 2022 International Property Maintenance Code, including Appendix Chapter A, as
published by the International Code Council a copy of which have been and are now filed in the
Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the
public. Said codes are adopted by reference pursuant to Section 50022.4 et seq. of the
Government Code of the State of California, and the codes are hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which the ordinance
codified in this chapter shall take effect, the provisions thereof shall be controlling within the
limits of the City of Dublin. except as hereinafter modified in Sections 7.48.050 through
7.48.140.
7.48.040 Scope.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 100 of 108
A. The provisions of this code shall apply to all buildings or portions thereof used, or designed
or intended to be used, for human habitation. Such occupancies in existing buildings may be
continued as provided in Section 7.28.240, except such as are found to be substandard as
defined in this code.
B. Where any building or portion thereof is used or intended to be used as a combination
apartment house-hotel, the provisions of this code shall apply to the separate portions as if they
were separate buildings. Every rooming house or lodging house shall comply with all the
requirements of this code for dwellings.
7.48.050 Amendments to the International Property Maintenance Code.
The text of the International Property Maintenance Code, as adopted by section 7.48.030, is
further amended to conform to the California Building Standards Code as follows:
Delete the following references Insert the following references
International Building Code California Building Code California
Residential Code
International Mechanical Code California Mechanical Code
National Electrical Code or NFPA 70 California Electrical Code
International Fire Code California Fire Code
International Plumbing Code California Plumbing Code
International Existing Building Code California Existing Building Code
International Zoning Code Zoning Ordinance of the City of Dublin
International Fuel Gas Code California Plumbing Code
Name of jurisdiction City of Dublin
7.48.060 Chapter 1, Scope and Administration-Deleted.
Chapter 1 is deleted.
7.48.070 Sections 302.2, 302.3, 302.4 and 302.8, Chapter 3, Exterior Property Areas –
Deleted.
Sections 302.2, 302.3, 302.4 and 302.8. are deleted
7.48.080 Section 303.2, Chapter 3, Enclosures – Amended.
Section 303.2 is amended to read:
303.2 Enclosures. Private swimming pools, hot tubs, and spas enclosures shall meet
the requirements of Section 3109.2 California Building Code, California Swimming Pool
Safety Act and 7.45.120.
7.48.090 Section 304.14, Chapter 3, Insect Screens – Amended.
304.14 Insect screens. Every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any areas
where products to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly fitting screens of
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 101 of 108
minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air
curtains or insect repellent fans, are employed.
7.48.100 Section 304.16, Chapter 3, Under-Floor areas – Amended.
Section 304.16 is amended to read:
304.16 Under-Floor areas. Under-floor access doors and ventilation openings shall be
maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall
be tight fitting and ventilation openings shall be properly screened with corrosion-resistant
wire mesh having openings not exceeding 1/4 inch in any dimension or alternate approved
materials pursuant to current CBC 1203.4.1.
7.48.110 Sections 308.2.1.1, Chapter 3, Garbage Receptacles – Added.
Section 308.2.1.1 is added to read:
308.2.1.1 Garbage Receptacles. An adequate number of appropriate receptacles with
close fitting covers for garbage and rubbish as may be considered necessary by the
enforcing agency shall be provided for the occupant of every dwelling unit by the owner
or operator of every apartment house, hotel, or combination thereof. Each receptacle
shall be kept in a clean condition and good repair.
7.48.120 Sections 309.1 and 309.2, Chapter 3, Pest Elimination – Amended.
Sections 309.1 and 309.2 are amended to read:
309.1 Infestation. All structures shall be kept free from insect, rodent and vermin
infestation. When an insect, rodent or vermin infestation is brought to the attention of the
code official, he or she may require the owner or agent having charge or control of the
building, lot or premises to hire a licensed exterminator or other qualified professional to
inspect the building, lot or premises and provide a written report verifying the presence and
severity of such infestation including in the report a recommendation for proper
extermination of the infestation. All structures in which insect, rodent or vermin infestations
are found shall be promptly exterminated by approved processes that will not be injurious
to human health. After the extermination of the infestation is complete, the code official
may request a written notice from the licensed exterminator or other qualified professional
attesting to the completion and success of the recommended extermination procedures.
After the infestation is eliminated, proper precautions shall be taken to prevent
reinfestation.
309.2 Owner. The owner of any structure shall be responsible for extermination within
the structure prior to renting or leasing the structure. The owner of a structure or premises
containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure
shall be responsible for maintaining the structure and premises in a rodent or pest-free
condition. If an infestation is caused by an occupant substantially failing to properly
maintain their occupied area of the structure or premises as clean and sanitary as the
condition of the structure or premises permits, the occupant and owner shall be responsible
for pest elimination. For as long as the occupant’s failure either substantially causes an
unlivable condition to occur, or substantially interferes with the owners’ ability to remedy
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 102 of 108
the condition, the owner does not have to remedy the condition. Where the infestation is
caused by defects in the structure, the owner shall be responsible for extermination.
7.48.130 Section 310.1 and 310.2, Chapter 3, Sanitation – Added.
Sections 310.1 is added to read
310.1 Bedding. In every room for rent, apartment house or hotel every part of
every bed, including the mattress, sheets, blankets, and bedding shall be kept in a clean,
dry and sanitary condition, free from filth, urine, or other foul matter; and from infection of
lice, bed-bugs, or other insects. The bed linen shall be changed before a new guest
occupies the dwelling unit.
7.48.140 Section 311, Chapter 3, Caretaker – Added.
Section 311.1 is added to read
311 Caretaker. A manager, janitor, housekeeper, or other responsible person shall
reside upon the premises and shall have charge of every apartment house in which there
are sixteen (16) or more apartments and of every hotel in which there are twelve (12) or
more guest rooms, in the event that the owner of any such apartment house or hotel
does not reside upon said premises. If the owner does not reside upon the premises of
an apartment house in which there are more than four (4) but less than sixteen (16)
apartments, a notice stating his name and address, or name and address of his agent
shall be posted in a conspicuous place on the premises.
5196173.1
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 103 of 108
Exhibit L
Chapter 7.94
GREEN BUILDING
Sections:
7.94.010 Title.
7.94.020 Purpose.
7.94.030 Adoption of the Green Building Code.
7.94.040 Scope.
7.94.050 Section 202, Chapter 2 Definitions – Amended.
7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction – Deleted
and Replaced.
7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings – Added.
7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems-
Added.
7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. – Deleted
and Replaced.
7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. – Added.
7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems-
Added.
7.94.010 Title.
The green building standards codes adopted by Section 7.94.030 and the provisions of this
Chapter shall constitute the Dublin Green Building Code and may be referred to as such.
7.94.020 Purpose.
A. To improve public health, safety, and general welfare by enhancing the design and
construction of buildings through the use of building concepts having a reduced negative impact
or positive environmental impact and encouraging sustainable construction practices in the
following categories:
1. Planning and design
2. Energy efficiency
3. Water efficiency and conservation
4. Material conservation and resource efficiency
5. Environmental quality
B. The purpose of this Code is not to create or otherwise establish or designate any particular
class or groups of persons who will or should be especially protected or benefited by the terms
of this Code.
7.94.030 Adoption of the Green Building Code.
A. The 2022 California Green Building Standards Code, Part 11, Title 24 of the California Code
of Regulations, a portion of the California Building Standards Code, as defined in the California
Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and
any rules and regulations promulgated pursuant thereto, as referenced in and adopted pursuant
to California Health and Safety Code Sections 17922 and 18935, are hereby adopted and
incorporated by reference herein.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 104 of 108
Copies of the adopted codes have been and are now filed in the Office of the Building Official,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.94.030.A, the State Code is amended as set
forth in Sections 7.94.050 through 7.94.080.
7.94.040 Scope.
A. The provisions of this Code shall apply to the planning, design, operation, construction, use
and occupancy of every newly constructed building or structure, unless otherwise indicated in
this Code, within the City.
B. It is not the intent that this Code substitute or be identified as meeting the certification
requirements of any green building program.
7.94.050 Section 202, Chapter 2 Definitions – Amended.
The following definitions are hereby added to Section 202 of the State Code to read as follows:
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for
combustion equipment within the building or building property lines, and instead uses electric
appliances for service.
COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. Equipment used in a food
establishment for heat-processing food or utensils and that produces grease vapors, steam,
fumes, smoke, or odors that are required to be removed through a local exhaust ventilation
system, as defined in the California Mechanical Code.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water
heating, cooking, clothes drying and/or lighting that uses fuel gas.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm
environment by the application of electric power to resistance elements, refrigerant
compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction – Deleted
and Replaced.
Section 4.106.4 is deleted and replaced with Section A4.106.8 to read:
A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory at
the Tier 2 level.
7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings – Added.
Sections 4.106.5, 4.106.5.1, and 4.106.5.2 are added to read:
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 105 of 108
4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects
shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment
or are ready to accommodate installation of electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly constructed
buildings shall be all-electric buildings. Qualifying alteration projects shall be limited to additions
or alterations that remove 50 percent or more of the existing exterior walls of a dwelling and
additions that increase the square footage of the structure by more than 50 percent.
The final determination whether a project meets the definition of a qualifying alteration project
shall be made by the Building Official
Exception:
If the applicant establishes that there is not an all-electric prescriptive compliance
pathway for the building under the California Building Energy Efficiency Standards,
and that the building is not able to achieve the performance compliance standard
applicable to the building under the Energy Efficiency Standards using
commercially available technology and an approved calculation method, then the
Building Official may grant a modification. The applicant shall comply with the
following and Section 4.106.5.2.
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to
qualify for the exceptions contained in this chapter. The inactive Fuel Gas
Infrastructure shall not be activated, have a meter installed, or otherwise used
unless the exemptions specified in this chapter have been confirmed as part of the
issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one
of the exceptions contained in this chapter, it shall either be capped, otherwise
terminated, or removed by the entity previously entitled to the exemption, in a
manner pursuant to all applicable Codes.
The Building Official shall have the authority to approve alternative materials and methods of
construction as per the Dublin Municipal Code, Chapter 7.28.
4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed under subsection 4.106.5.1, the construction drawings
shall indicate electrical infrastructure and physical space accommodating the future installation
of an electrical heating appliance in the following ways, as certified by a registered design
professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating
appliances in accordance with manufacturer requirements and the California Electrical
Code, including the appropriate voltage, phase, minimum amperage, and an electrical
receptacle or junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future
Electrical Appliance”; and
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 106 of 108
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately
labeled (i.e. “Reserved for Future Electric Range”), and positioned on the opposite end of
the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be
sized to serve the future electrical heating appliances. The electrical capacity
requirements shall be adjusted for demand factors in accordance with the California
Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and
if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall
be depicted on the construction drawings. The footprint necessary for future electrical
heating appliances may overlap with non-structural partitions and with the location of
currently designed combustion equipment.
7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems-
Added.
A new Section 4.107.1 is added to read:
4.107.1 Future Access for Solar Systems. A minimum one-inch (25.4 mm) electrical
conduit shall be provided from the electrical service equipment to the solar zone as defined
by the California Energy Code, Title 24, Part 6, Section 110.10. Where a solar zone is not
required by the California Energy Code, the conduit location shall be subject to approval of
the Building Official.
Exception: Where solar is installed as part of the original construction and prior to first
occupancy.
7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. – Deleted
and Replaced.
Sections 5.106.5.3 and 5.106.5.3.1 are deleted and replaced with Section A5.106.5.3 to read:
Section A5.106.5.3 Electric vehicle (EV) charging for new construction is adopted as
mandatory at the Tier 2 level.
7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. – Added.
Section 5.106.13, 5.106.13.1 and 5.106.13.5.2 are added to read:
5.106.13 All-electric buildings. New construction buildings and qualifying alteration
projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use
combustion equipment or are ready to facilitate future electrification.
5.106.13.1. New construction and qualifying alteration projects. All newly constructed
buildings shall be all-electric buildings. Qualifying alteration projects shall be limited to additions
or alterations that remove 50 percent or more of the existing exterior walls of a structure and
additions that increase the square footage of the structure by more than 50 percent.
Tenant improvements shall not be considered new construction. The final determination whether
a project meets the definition of qualifying alteration project shall be made by the Building
Official.
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 107 of 108
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of public
accommodation, as defined in the California Building Code Chapter 2, may apply
to the Building Official for a modification to install commercial food heat-processing
equipment served by fuel gas. The Building Official may grant the modification,
provided the following findings are made:
a) The applicant has a business-related need to cook with combustion
equipment; and
b) The applicant has installed energy efficient equipment based on Energy
Star or California Energy Wise qualifications, as available.
c) The applicant will comply with Section 5.106.13.2.
2. If the applicant establishes that there is not an all-electric prescriptive
compliance pathway for the building under the California Building Energy
Efficiency Standards, and that the building is not able to achieve the performance
compliance standard applicable to the building under the Energy Efficiency
Standards using commercially available technology and an approved calculation
method, then the Building Official may grant a modification. The applicant shall
comply with following and Section 5.106.13.2
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated
to qualify for the exceptions contained in this chapter. The inactive Fuel Gas
Infrastructure shall not be activated, have a meter installed, or otherwise be used
unless the exemptions specified in this chapter have been confirmed as part of the
issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving
one of the exceptions contained in this chapter, it shall either be capped, otherwise
terminated, or removed by the entity previously entitled to the exemption, in a
manner pursuant to all applicable Codes.
The Building Official shall have the authority to approve alternative materials and methods
of construction as per the Dublin Municipal Code, Chapter 7.28.
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed under Subsection 5.106.13.1, the construction
drawings shall indicate electrical infrastructure and physical space accommodating the future
installation of an electrical heating appliance in the following ways, as certified by a
registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical
heating appliances in accordance with manufacturer requirements and the California
Electrical Code, including the appropriate voltage, phase, minimum amperage, and an
electrical receptacle or junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For
Future Electrical Appliance”; and
Ord. No. 13-22, Item 6.3, Adopted 11/15/2022 Page 108 of 108
3. Reserved circuit breakers in the electrical panel for each branch circuit,
appropriately labeled (i.e. “Reserved for Future Electric Range”), and positioned on the
opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers
shall be sized to serve the future electrical heating appliances. The electrical capacity
requirements shall be adjusted for demand factors in accordance with the California Electric
Code; and
5. Physical space for future electrical heating appliances, including equipment
footprint, and if needed a pathway reserved for routing of ductwork to heat pump
evaporator(s), shall be depicted on the construction drawings. The footprint necessary for
future electrical heating appliances may overlap with non-structural partitions and with the
location of currently designed combustion equipment.
7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems-
Added.
A new Section 5.107.1 is added to read:
5.107.1 Future Access for Solar Systems. Install conduit from the solar zone as defined
by the California Energy Code, Title 24, Part 6, Section 110.10 to a location within the
building identified as suitable for future installation of a charge controller (regulator) and
inverter.
Exception: Where solar is installed as part of the original construction and prior to first
occupancy.