Ordinance 2007-24
ORDINANCE NO. 2007-24
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE FOLLOWING CODES: 2007 CALIFORNIA BUILDING (VOL 1 AND 2),
ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING, FIRE
CODES, 2007 CALIFORNIA EXISTING BUILDING CODE WITH APPENDICES A2 AND
A3 OF 2006 INTERNATIONAL EXISTING BUILDING CODE, AND 2006
INTERNATIONAL PROPERTY MAINTENANCE CODE, AND 1997 UNIFORM
ADMINISTRATIVE CODE; AND AMENDING SECTION 6.1 OF CHAPTER 6 OF THE
GILROY CITY CODE.
WHEREAS, Section 6.1 of the Gilroy City Code provides that the latest edition of the
uniform construction codes shall be submitted to the City Council for adoption subject to local
changes and modifications; and
WHEREAS, the latest editions of the Uniform Construction Codes of the International
Building Code ("IBC") as adopted by the State of California as the 2007 California Building
Code ("CBC"), 2007 California Existing Building Conservation ("CEBC"), 2006 Uniform
Plumbing Code adopted by the State of California as the 2007 California Plumbing Code
("CPC"), 2006 Uniform Mechanical Code adopted by the State of California as the 2007
California Mechanical Code ("CMC"), 2005 National Electrical Code adopted by the State of
California as the 2007 California Electrical Code ("CEC"), 2007 California Energy Code; and
2007 California Historical Building Code; and
WHEREAS, California has adopted these Codes, except for the 1997 Uniform
Administrative Code and the 2006 International Property Maintenance Code, as the California
Building Standards Code; and
WHEREAS, California Health and Safety Code 9 17958 authorizes a city or county to
make changes in provisions published in the California Building Standards Code or other
regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or
-1-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
regulations to impose those requirements or make changes or modifications in those
requirements upon express findings, the provisions published III the California Building
Standards Code and other promulgated regulations shall be applicable to the city or county and
shall become effective January 1, 2008; and
WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county
to make changes or modifications in the requirements contained in the provisions of the
California Building Standards Code and other adopted regulations if the city or county
determines that the changes or modifications are reasonably necessary because of local climatic,
geological or topographical conditions; and
WHEREAS, the Silicon Valley area, which includes this City, is within a very active
seismic area and local soil conditions can be highly expansive and are prone to shrink and swell
during seasonal drying and wetting; and
WHEREAS, portions of the City are in hillside areas that are hazardous fire areas that
have only limited fire suppression forces and facilities available for the protection of life and
property; and
WHEREAS, fire protection and suppression services for multi-family dwellings and other
buildings of three stories or more than thirty feet in height are limited and therefore require
supplemental fire suppression services such as automated fire sprinkler systems; and
WHEREAS, the City has local climatic considerations including temperatures ranging
from below freezing to over one hundred degrees, local geological considerations including the
presence of seismic activity and expansive clay soils, and local topographical considerations
including extensive hillside construction that is prone to erosion; and
-2-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
WHEREAS, the City has participated in a County-wide effort over many months to make
uniform amendments to the California Building Standards Code throughout the cities in the
county that share similar local climatic, geological and topographical considerations; and
WHEREAS, City staff recommends that some local amendments to the various building
codes are necessary as are set forth herein; and
WHEREAS, a duly noticed public hearing was held prior to the adoption of these codes
by the City Council on December 17,2007; and
WHEREAS the Gilroy City Charter, at Sections 601, 602 and 608 of Article VI,
authorizes the City Council to adopt an ordinance as an emergency measure to take effect upon
its adoption and approval when necessary to preserve the public peace, health or safety, and the
ordinance contains a statement of the reasons for its urgency; and
WHEREAS, this Ordinance is exempt from the requirements of the California
Environmental Quality Act of 1970 ("CEQA"), as amended, because it does not involve an
activity that may cause either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment; and
WHEREAS, the City Council has reviewed all of the written materials and considered all
of the oral testimony presented to it on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
This Ordinance shall be known and cited as the City of Gilroy Building Code.
SECTION II
The following Codes are hereby adopted by reference for the City of Gilroy:
-3-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
1. The California Building Code, 2007 Edition, which is the 2006 International
Building Code, with California amendments and the following appendix chapters: Chapter C,
Chapter G, Chapter I and Chapter J are adopted with modifications and changes recommended
by the City of Gilroy Chief Building Official ("Building Official") as set forth in Section IV of
this Ordinance;
2. The Uniform Administrative Code, 1997 Edition, is adopted, with modifications
and changes as recommended by the Building Official as set forth in Section V of this Ordinance;
3. The California Historical Building Code, 2007 Edition, published by the
International Code Council is adopted with no modifications or changes as recommended by the
Building Official;
4. The California Existing Building Code, 2007 Edition, and the following appendix
A2 and A3 of the 2006 International Existing Building Code adopted with no modifications or
changes as recommended by the Building Official;
5. The California Plumbing Code, 2007 Edition, which is the 2006 Uniform
Plumbing Code with California amendments and only Appendix A, Appendix B, Appendix D,
Appendix I, and Appendix K are adopted with modifications and changes recommended by the
Building Official as set forth in Section VI of this Ordinance;
6. The California Mechanical Code, 2007 Edition, which is the 2006 Uniform
Mechanical Code with California amendments is adopted with modifications and changes
recommended by the Building Official as set forth in Section VII of this Ordinance;
7. The California Electrical Code, 2007 Edition, which is the 2005 National
Electrical Code with California amendments is adopted with modifications and changes
recommended by the Building Official as set forth in Section VIII of this Ordinance.
-4-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
8. The International Property Maintenance Code, 2006 Edition is adopted with
modification and changes as recommended by the Building Official as set forth in Section IX of
this Ordinance;
SECTION III
Pursuant to California Health and Safety Code 9 17958.7, the City Council of the City of
Gilroy finds that each of the modifications or changes to the aforementioned Codes are
reasonably necessary because of local climatic, geological or topographical conditions.
Specifically, the City Council finds:
1. Many of the modifications or changes are reasonably necessary because of the following
climatic conditions.
(a) The region is within a climate zone that requires compliance with energy
efficiency standards for building construction. The amendment adds design flexibility
that will add to energy efficiency in construction while maintaining nationally recognized
health and safety standards. This reason is hereinafter referred to as "Climatic I."
(b) The region is within a national climate zone that is designated "Very High" on the
Termite Infestation Probability Map. This reason is hereinafter referred to as
"Climatic II."
2. Many of the modifications or changes are reasonably necessary because of the following
geological reasons.
(a) The region is located in an area of high seismic activities as indicated by United
States Geological Survey and California Division of Mines and Geology. Recent
earthquake activities have indicated the lack of adequate design and detailing as a
contributing factor to damages that reduced the protection of the life-safety of building
occupants. This reason is hereinafter referred to as "Geological I."
(b) The region is located in an area of high seismic activities as indicated by United
States Geological Survey and California Division of Mines and Geology. Recent
earthquake activities have indicated the lack of flexibility of materials and/or building
systems has been a contributing factor to damages that reduced the protection of the life-
safety of building occupants and increased the cost of rehabilitation of structures. This
reason is hereinafter referred to as "Geological II."
3. Many of the modifications or changes are reasonably necessary because of other climatic,
geological or topographical conditions, and these climatic, geological or topographical
-5-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
conditions are described immediately following individual modifications or changes
adopted pursuant to this Ordinance.
A copy of these findings, together with the modification or change expressly marked and
identified to which each finding refers, shall be filed with the California Building Standards
Commission.
SECTION IV
The following modifications and changes as recommended by the Building Official are
adopted to the California Building Code, 2007 Edition, which is the 2006 International Building
Code as amended by the State of California:
AMEND 2007 CBC SECTION 108.4.2
AMEND TO READ:
Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee
Schedule.
REASON FOR AMENDMENT:
The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule annually.
All Building and Development fees are to be assessed from the most current and adopted
Comprehensive Fee Schedule.
AMEND 2007 CBC SECTIONS 108.5,108.7 AND 108.8
DELETE 2007 CBC SECTIONS 108.5,108.7, AND 108.8
REASON FOR AMENDMENT:
Gilroy Municipal Code and 1997 Uniform Administration Code cover Right of Entry For
Enforcement; Alternate Material, Designs, Tests and Methods of Construction; and Appeals
Board.
AMEND 2007 CBC SECTION 406.1.4 Separation to read:
Separation shall comply with the following when both the garage and residence are protected by
an approved Fire Sprinkler System:
-6-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
1. The private garage shall be separated from the dwelling unit and its attic area by means of
a minimum Y2. inch (12.7 mm) gypsum board applied to the garage side. Garages beneath
habitable rooms shall be separated from all habitable rooms above by not less than a 5/8
inch Type X gypsum board or equivalent. Door openings between a private garage and
the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb
core steel doors not less than 1 3/8 inches (34.9 mm) thick, or doors in compliance with
Section 715.4.3. Openings from a private garage directly into a room used for sleeping
purposes shall not be permitted. Doors shall be self-closing and self-latching.
2. Ducts in a private garage and ducts penetrating the wall or ceilings separating the
dwelling unit from the garage shall be constructed of a minimum 0.019 inch (0.48 mm)
sheet steel and shall have no openings into the garage.
Separations shall comply with the following when no approved Fire Sprinkler System serves
the residence and/or the garage.
1. The private garage shall be separated from the dwelling unit and its attic area by means of
a minimum 5/8 inch Type X gypsum board applied to the garage side. Garages beneath
habitable rooms shall be separated from all habitable rooms above by not less than a 5/8
inch Type X gypsum board or equivalent. Door opening between a private garage and the
dwelling with either solid wood doors or solid or honeycomb core steel doors not less
than 1 3/8 inches (34.9 mm) thick, or doors in compliance with Section 715.4.3.
Openings from a private garage directly into a room used for sleeping purposes shall not
be permitted. Doors shall be self-closing and self-latching.
2. Ducts in a private garage and ducts penetrating the wall or ceilings separating the
dwelling unit from the garage shall be constructed of a minimum 0.019 inch (0.48 mm)
sheet steel and shall have no openings into the garage.
REASON FOR AMENDMENT:
Geological I and Geological II.
AMEND 2007 CBC SECTION 903.2 IN ITS ENTIRELY TO READ:
903.2 Where Required. Approved Automatic sprinkler system in new buildings and structures
shall be provided in the locations as set forth in the Gilroy Fire Code and the California Fire
Code.
ADD NEW SECTION 903.2.1.1 TO READ:
Section 903.2.1.1 For "automatic fire-extinguishing systems" in new building and structures,
any conflicts between the 2007 CBC and the Gilroy Fire Code, the Gilroy Fire Code shall
prevail.
-7-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
REASON FOR AMENDMENTS:
To be consistent with the Uniform Fire Code and Local Amendment.
ADD 2007 CBC SECTION 1614:
Structural Amendment Modifications to Section 1614, 1614.1 and 1614.1.3 are added to
Chapter 16 of the 2007 California Building Code to read as follows:
Section 1614, Modification to ASCE 7 (American Society of Civil Engineers)
1614.1 General. The text of ASCE (American Society of Civil Engineers) 7 shall be modified
as indicated in this Section.
1614.1.3 ASCE 7, Section 12.8.1.1. Modify ASCE 7 Section 12.8.1.1 by amending Equation
12.8-5 as follows:
Cs = {M).l. 0.044 SDsI ~.01
(Equation 12.8-5)
REASONS FOR AMENDMENT:
Results from the 75% Draft of ATC 63 (Applied Technology Council), Quantification of
Building System Performance and Response Parameters, indicate that tall buildings may fail at
an unacceptably too low of a seismic level unless that minimum base shear level is increased to
the value used in ASCE 7 - 02. Thus it is recommended that the adoption of the minimum base
shear is appropriate due to the recent research in PEER (Pacific Earthquake Engineering
Research) and the ATC 63 project. The conclusion suggested that the reduction of the base shear
in the previous code led to a trend in which tall buildings had decreasing safety with increasing
height. To minimize the potential increased fire-life safety associated with such a seismic failure
of tall buildings, this proposed modification increases the minimum base shear level to be
consistent with previous edition of the building codes. The propose amendment to the current
ASCE 7 is very well supported by the engineering community. Both the Structural Engineers
Association of Northern California (SEAONC) and other structural engineering organizations
from the state level are in support of adopting the revised minimum base shear.
AMEND: Structural Amendments Modifications to Section 1614, 1614.1 and 1614.1.7 are
added to Chapter 16 of the 2007 California Building Code to read as follows:
Section 1614, Modification to ASCE 7
1614.1 General. The text of ASCE 7 shall be modified as indicated in this Section.
1614.1.7 ASCE 7, Section 12.12.3. Replace ASCE 7 Section 12.12.3 as follows:
12.12.3 Minimum Building Separation. All structures shall be separated from adjoining
-8-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
structures. Separations shall allow for the maximum inelastic response displacement (~M)' ~M
shall be determined at critical locations with consideration for both translational and tensional
displacements ofthe structure as follows:
~M = Cdomax
(Equation 16-45)
Where omax is the calculated maximum displacement at Level x as defined in ASCE 7 Section
12.8.4.3.
Adjacent buildings on the same property shall be separated by at least a distance ~MT, where
fun = ~(ful1)2 + (~M2)2
(Equation 16-46)
And ~Ml and ~M2 are the maximum inelastic response displacements ofthe adjacent buildings.
Where a structure adjoins a property line not common to a public way, the structure shall also be
set back from the property line by at least the displacement, ~M ofthat structure.
Exception: Smaller separations or property line setbacks shall be permitted when justified
by rational analysis.
REASON FOR AMENDMENT:
Section 12.12.3 of ASCE 7-05 including Supplement No. 1 does not provide requirements for
separation distances between adjacent buildings. Requirements for separation distances between
adjacent buildings, not structurally connected, were included in previous editions of the IBC and
UBC. However, when ASCE 7-05 was adopted by reference for IBC 2006, these requirements
were omitted. In addition, ASCE 7-05 defines (ox)in Section 12.8.6 to refer to the deflection of
Level x at the center of mass. The actual displacement that needs to be used for building
separation is the displacement at critical locations with consideration of both the translational and
torsional displacements. These values can be significantly different.
This code change fills the gap of this inadvertent oversight in establishing minimum separation
distance between adjoining buildings which are not structurally connected. The purpose of
seismic separation is to permit adjoining buildings, or parts thereof, to respond to earthquake
ground motion independently and thus preclude possible structural and non-structural damage
caused by pounding between buildings or other structures.
References:
1. IBC 2000 Section 1620.3.6, Building Separations; IBC 2003 Sections 1620.4.5, Building
Separations;
2. "Recommended Lateral Force Requirements and Commentary, - Section CI08.2.ll,
Building Separations," Structural Engineers Association of California, Sacramento, CA,
1999 Edition;
3. CBC 2002 (UBC 1997) Section 1630.9.2, Determination of ~M; Section 1630.10.1,
-9-
ILLEZOTTE1745487.2
120307-04706002
Ordinance No. 2007-24
General; and Section 1633.2.11, Building Separations.
AMEND - Amendment Modifications to CBC Section 1704.4 Exception 1 - Special Inspection
Amend Exception #1 to read:
Isolated spread concrete footings of building three stories or less in height that are fully supported
on earth or rock, where the structural design ofthe footing is based on a specified compressive
strength, fc1 no greater than 2500 pound per square inch (psi) (17.2 Mpa).
REASON FOR AMENDMENT:
Geological II.
ADD 2007 CBC, SECTION 1806.2 TO READ
Retaining walls shall be constructed of concrete or masonry and be designed by a California State
licensed engineer (Civil or Structural Engineer).
REASONS FOR AMENDMENT:
1. Geological I.
2. This existing amendment continues to be required by local conditions.
AMEND - Structural Amendments Modifications to Structural Forces related to slender
concrete wall design.
Section 1908.1 is amended to read as shown below and Section 1908.1.17 is added to
Chapter 19 of the 2007 California Building Code to read as follows:
1908.1 General. The text of American Concrete Institute (ACI) 318 shall be modified as
indicated in Sections 1908.1.1 through 1908.1.16 1908.1.17.
1908.1.17 ACI 318, Section 14.8, Modify ACI 318 Section 14.8.3 and 14.8.4 with the following
14.8.3 - The design moment strength 0Mn for combined flexure and axial loads at the mid-height cross
section shall be
0Mn 2:. Mu (14-3)
Where:
Mu = Mua + Pu ~u
(14-4)
Mua is the moment at the mid-height section of the wall due to factored lateral and eccentric vertical
loads, not including P~ effects, and ~uis:
-10-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
2
A = SMi~
~ (O.7S)48EJcr
(14-5)
Mu shall be obtained by iteration of deflections, or by direct calculation using Eq. (14-6).
M = M~a.
~ 1- 5~1;
(O.7S)4SEJa-
(14-6)
ler shall be calculated by Equation (14-7), and Ma shall be obtained by iteration of
deflections.
1 _E'(A ~ h)'d )2 Iwc3
-- +-- -c +-
C7 E 5 j 2d 3
(; )!
(14-7)
and the value EslEc shall not be taken less than 6.
14.8.4 - Maximum out-of-plane deflection, ~s, due to service loads, including p~ effects,
shall not exceed Icl150. If Ma, maximum moment at mid-height of wall due to service lateral and
eccentric loads, including p~ effects, exceed (2/3) Men ~s shall be calculated by Equation (14-8):
2
2 MQ,-3Mfr( 2 )
I1s = - 11n- + 2 11~ - - 11(;7
3 M --M 3
Ii! 3 cr
(14-8)
IfMa does not exceed (2/3) Men ~s shall be calculated by Equation (14-9):
11 = (M Q. JI1
J M fr
(;T
(14-9)
where:
2
/1cr = 5M (;1'1(;
48EJ g
REASONS FOR AMENDMENT:
1. Geological II.
2. Section 14.8 was introduced in ACI 318-99 based on requirements of the Uniform Building
Code and experimental research and on the basis that design of slender wall must satisfy
both strength and serviceability requirements. ACI 318-05 provision was found to grossly
under-estimate service load deflection. This update reduces the differences in serviceability
provisions. The revision will essentially replace equations (14-8) and (14-9) with two new
-11-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
equations to reflect the UBC procedure for service load out-of-plane deflection. The
proposed revision will be included in ACI 318-08.
Chapter 23 - Wood
AMEND - Amendment Modifications to Chapter 23 to eliminate the use of gypsum board and
stucco/plaster as shear resisting element.
Eliminate the use of gypsum board and stucco as shear resisting elements.
The following Sections are modified and/or deleted to read as follows:
Section 2305.3.9
Delete exception
Section 2306.4.5
Delete all of Section 2306.4.5.
Modify the text of Section 2308.9.3 to be replaced with the following:
2308.9.3 Bracing
A. Braced wall lines shall consist of braced wall panels, which meet the requirements for
location, type and amount of bracing as shown in Figure 2308.9.3, specified in Table
2308.9.3(1) and are in line or offset from each other by not more than 4 feet (1219 mm).
Braced wall panels shall start not more than 12.5 feet (3810 mm) from each end of a
braced wall line. Braced wall panels shall be clearly indicated on the plans. Construction
of braced wall panels shall be by one of the following methods:
1. Wood boards of 5/8-inch (16 mm) net minimum thickness applied diagonally on
studs spaced not over 24 inches (610 mm) on center.
2. Wood structural panel sheathing with a thickness not less than 5/16-inch (7.9 mm)
for 16-inch (406 mm) stud spacing and not less than 3/8-inch (9.5 mm) for 24-
inch (610 mm) stud spacing in accordance with Tables 2308.9.3(2) and
2308.9.3(3).
3. Fiberboard sheathing 4-foot by 8-foot (1219 mm by 2438 mm) panels not less
than Y2.-inch (13 mm) thick applied vertically on studs spaced not over 16-inches
(406 mm) on center when installed in accordance with Section 2306.4.4 and Table
2306.4.4.
4. Particleboard wall sheathing panels where installed in accordance with Table
2308.9.3(4).
5. Hardboard panel siding when installed in accordance with Section 2303.1.6 and
-12-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
Table 2309.9.3(5).
For cripple wall bracing see Section 2308.9.4.1.
For methods 1, 2, 3, 4, and 5, each braced wall panel must be at least 48-inches (1219
mm) in length, covering three stud spaces where studs are 16-inches (406 mm) apart and
covering two stud spaces where studs are spaced 24-inches (610 mm) apart.
B. All vertical joints of panel sheathing shall occur over studs. Horizontal joints shall occur
over blocking equal in size to the studding except where waived by the installation
requirements for the specific sheathing materials.
C. Braced wall panel sole plates shall be nailed to the floor framing and top plates shall be
connected to the framing above in accordance with Table 2304.9.1. Sills shall be bolted
to the foundation or slab in accordance with Section 1805.6. Where joists are
perpendicular to braced wall lines above, blocking shall be provided under and in line
with the braced wall panels.
REASONS FOR AMENDMENT:
1. Geological II.
2. The entire Santa Clara Valley is located in a highly active seismic zone. Gypsum
wallboard and exterior Portland cement plaster have performed poorly during recent California
seismic events. The shear values for gypsum wallboard and Portland cement stucco contained in
the code are based on mono-directional testing. It is appropriate to limit the use of these products
until cyclic loading testing are performed and evaluated.
AMEND SECTION 2308.12.4 TO READ:
Braced wall line sheathing. Braced wall lines shall be braced by one of the types of sheathing
prescribed by Table 2308.12.4 as shown in Figure 2308.9.3. The sum of lengths of braced wall
panels at each braced wall line shall conform to Table 2308.12.4. Braced wall panels shall be
distributed along the length of the braced wall line and start at not more than 8 feet (2438 mm) from
each end of the braced wall line. Sheathing shall be fastened to studs, top and bottom plates and at
panel edges occurring over blocking. Wall framing to which sheathing used for bracing is applied
shall be nominal 2 inch wide [actual 1.5 inch (38 mm)] or larger members spaced a maximum of 16
inches on center. Nailing shall be minimum 8d common placed 3/8 inches from panel edges and
spaced not more than 6 inches on center, and 12 inches on center along intermediate framing
members.
REASONS FOR AMENDMENT:
Geological II.
-13-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
AMEND Table 2308.12.4 :
In footnotes "b" and "c" of Table 2308.12.4, delete all references to "gypsum board", "lath and
plaster", "Portland cement plaster", and "gypsum sheathing boards".
REASONS FOR AMENDMENT:
Geological II.
AMEND SECTION 2308.12.5 TO READ:
Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that
prescribed in Table 2308.12.4 or 2304.9.1. Wall sheathing shall not be attached to framing
members by adhesives. All braced wall panels shall extend to the roof sheathing and shall be
attached to parallel roof rafters or blocking above with framing clips (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 inch (6096 mm)
intervals along the top plate of discontinuous vertical framing.
REASONS FOR AMENDMENT:
Geological II.
AMEND - Gypsum Board and Plaster
Section 2505.1
Delete Section 2505.1 completely.
REASONS FOR AMENDMENT:
Survey of structural failures after the Loma Prieta earthquake of 1989 showed the gypsum board,
plaster and stucco finishes used for lateral force resistance preformed poorly or failed completely.
Further, once used to resist lateral forces, it is nearly impossible without completely replacing the
material to achieve the initial design load resistance in these materials. To minimize the potential
for increased fire-life safety problems associated with such seismic failures, this proposed
modification increases the minimum acceptable shear resisting elements to be used for lateral
designs and conventionally braced structures. Further, this continues a trend in and amongst local
Bay Area jurisdictions that has been historically supported by the engineering community.
BUILDING CODE APPENDIX CHAPTERS TO BE ADOPTED:
The 2007 CBC is further amended by adopting the following Appendix chapters:
APPENDIX C - AGRICULTURAL BUILDINGS
-14-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
APPENDIX G - FLOOD RESIST ANT CONSTRUCTION (If any condition or requirements
conflicts with FEMA, FEMA conditions shall govern.)
APPENDIX I - PATIO COVERS
APPENDIX J - GRADING
ADD SUB-SECTIONS TO SECTION Jll0 EROSION CONTROL TO READ:
Section 1110.3 Erosion Control.
a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be
incorporated on the Grading Plan and shall include the following information:
1. Maximum surface runoff from the site as calculated using the method
approved by the Building Official.
2. A delineation and brief description of the surface runoff and erosion
control measures to be implemented including, but not limited to, types
and methods of applying mulches to be used.
3. A delineation and brief description of vegetative measures to be taken,
including but not limited to, seeding methods, the type, location and extent
of existing and undisturbed vegetation types, and a schedule for
maintenance and upkeep.
b. No improvements planned. Where an applicant does not plan to construct permanent
improvements on the site, or plans to leave portions of the site graded but
unimproved, applicant must:
1. Submit an Interim Plan designed to control runoff and erosion on the site
for the period of time during which the site, or portions thereof, remain
unimproved.
2. Submit a request for release after the completion of grading.
c. Work Schedule. The applicant must submit a master work schedule showing the
following information:
1. Proposed grading schedule.
2. Proposed conditions of the site on each July 15, August 15, September 15,
and October 15 during which the permit is in effect.
3. Proposed schedule for installation of all interim erosion and sediment
control measures including, but not limited to, the stage of completion of
erosion control devices and vegetative measures on each of the dates set
forth in Subsection (2).
4. Schedule for construction of final improvements, if any.
5. Schedule for installation of permanent erosion and sediment devices where
required.
d. Wet Season Work (October 15 to April 15).
-15-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
1. For commencement of the grading during the wet season, applicant must
provide special documentation, as required by Building Official, showing
the reasons other than financial, for the need to commence at that time.
2. For continuation of activities, other than installation, maintenance or repair
of measures in the interim or final plans, during the wet season, permittee
must apply for and receive in writing from the Building Official, every five
(5) working days, special permission to proceed.
3. The Building Official shall grant permission under this subsection on the
basis of weather forecasts, experience and other pertinent factors, which
indicate the activity, may occur without excessive erosion occurring.
REASON FOR AMENDMENT:
Geological II.
ADD NEW SECTION J110.4 TO READ:
Section 1110.4 Dust and Mud Control Measures. Contractors performing grading
operations within the City where dry conditions or wet conditions are encountered shall
adequately and effectively control dust or mud from spreading off site or onto existing
structures on site. Prior to commencement of grading operations, contractor shall furnish
details of proposed dust or mud control measures to the Building Official for approval.
Failure to control dust or mud from grading operations shall result in suspension of
grading operations until adequate measures are in place to allow continuance.
REASON FOR AMENDMENT:
Geological II.
ADD NEW SECTION Jll0.5 TO READ:
Section 1110.5 Archeological Discovery. If in the course of any grading operation, any
artifacts, human remains, or substantial fossils are discovered, all grading operations shall
cease, and the discovery site shall be suitably marked and protected from further damage.
A report of such findings shall be as outlined in the Zoning Ordinance. Specifically, if
human remains are discovered, the Sheriff-Coroner and the Building Official shall be
notified. If no human remains are discovered, but artifacts or significant fossils are
discovered, the Building Official shall be notified.
REASON FOR AMENDMENT:
Geological II.
ADD NEW SECTION Jll0.6 TO READ:
-16-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
Section 1110.6.1 Work Stoppage. Whenever the Building Official determines that
the work does not comply with the terms of the permit or of this Ordinance Section, he or
she may order the immediate cessation of all work hereunder until such corrective
measures have been completed.
Section 1110.6.2 Right of Entry. Whenever the Building Official or designated
subordinate(s) have reasonable or probable cause to believe that there exists accelerated
erosion and/or a violation ofthis Ordinance Section, he/she may enter such site at all
reasonable times to inspect the same, to perform any duty imposed upon himlher by this
Ordinance Section; providing that if such premises are occupied, he/she shall first present
proper credentials and request entry, and if the premises are found to be unoccupied,
he/she shall first make a reasonable effort to locate the owner or other person having
charge or control of said premises and request entry. If such entry is refused or the owner
or person having charge or control cannot be located after reasonable effort, the Building
Official shall have recourse to every remedy provided by law to secure entry and abate the
erosion or violation.
Section 1110.6.3 Notification of Violation. Any person found to be in violation of
the provisions of this Ordinance Section shall be required to correct the problem upon
written notification from the Building Official or designated subordinate(s). Such written
notification may require that certain conditions be adhered to in the correction of the
problem. These may include, but are not limited to, the following:
a) Use of specific erosion control techniques
b) Submittal of plans and specifications to be approved by the Community
Development Department, and any other department affected by such
work, prior to the commencement of corrective work.
c) Completion of corrective work within a specified time period.
Section 1110.6.4 Abatement of Violation. Ifthe responsible party fails to act in
response to written notification of the Building Official, the violation may be declared a
public nuisance and be abated as required to restore the site to its original condition.
Where there is an emergency condition of erosion or sediment damaging a waterway,
marsh, or other body of water, or significant habitat or archeological site, the Building
Official may have the necessary corrective work done and bill the property owner or lien
the property for repayment.
Section 1110.6.5 Penalties.
a) Any person, whether as principal, agent, employee or otherwise, or firm or
corporation violating, or causing or permitting the violation of any ofthe
provisions of this Ordinance Section shall be subject to citations and penalties set
forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A.
b) Each separate day or portion thereof during which any violation occurs or
continues without a good faith effort by the responsible person to correct the
violation, shall be deemed to constitute a separate offense.
-17-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
c) In addition to the above noted penalties, the Building Official is hereby authorized
to attach an investigation fee up to twice the grading permit fee, to any such
permit issued for corrective action.
Section 1110.6.6 Enforcement. The Building Official and or his/her designated
subordinate(s) is hereby authorized and directed to enforce all the provisions of this
Ordinance Section. For such purpose, the Building Official shall have the powers of a
law enforcement officer.
Section 1110.6.7 Appeals. Any person who believes the Building Official has erred
in the technical application of this Ordinance Section may appeal such action to the
Building Board of Appeals.
REASONS FOR AMENDMENT:
1. Geological II.
2. This existing amendment continues to be required by local conditions.
SECTION V
The following modifications and changes as recommended by the Building Official are
adopted to the Uniform Administrative Code (UAC), 1997 Edition:
AMEND SECTION 304.1 General.
AMEND TO READ:
Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee
Schedule.
AMEND SECTION 304.2 Permit Fees & 304.3 Plan Review Fees.
AMENDED TO READ:
Sections 304.2 and 304.3 shall read, "As set forth or shown per the adopted City of Gilroy
Comprehensive Fee Schedule."
DELETE Table 3-A Building Permit Fees, Table 3-B Electrical Permit Fees, Table 3-C
Mechanical Permit Fees, Table 3-D Plumbing Fees, Table 3-E Elevator Permit Fees, Table 3-F
Elevator annual Certificates of Inspection Fees, Table 3-G Grading Plan Review Fees and Table
3-H Grading Permit Fees
REASON FOR AMENDMENT:
-18-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
The amendments to Sections 304.1, 304.2 and 304.3 are necessary because the City Council
reviews and adopts the City of Gilroy Comprehensive Fee Schedule annually. All Building and
Development fees are to be assessed from the most current and adopted Comprehensive Fee
Schedule.
AMEND SECTION 304.4 EXPIRATION OF PLAN REVIEW.
AMEND TO READ:
Applications for which no permit is issued within 180 days following the date of application
shall expire by limitation, and plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the building official. The building official may extend
the time for action by the applicant for a period not exceeding 180 days on written request by the
applicant showing that circumstances beyond the control of the applicant have prevented action
from being taken. An application shall not be extended more than once. In order to renew action
on an application after expiration, the applicant shall resubmit plans and pay a new plan review
fee.
REASON FOR AMENDMENT
To be consistent with the 2007 CBC Appendix A Chapter 1 that extensions are allowed after a
code amendment or ordinance change.
AMEND 1997 UNIFORM ADMINISTRATION CODE SECTION 305.5 TO READ:
SECTION 305.5 Required Building Inspections. Reinforcement steel or structural framework of
a part of a building or structure shall not be covered or concealed without first obtaining the
approval ofthe building official. Protection of joints and penetrations in fire-resistive assemblies
shall not be concealed from view until inspected and approved. All wiring, mechanical, and
plumbing appurtenances no longer in use shall be removed unless otherwise approved in writing
by the Building Official.
The building official, upon notification, shall, at a minimum, make the following inspections:
1. Foundation inspection. To be made after excavations for footings are complete and
required reinforcing steel is in place. For concrete foundations, required forms shall be in
place prior to inspection. All materials for the foundation shall be on the job, except
when concrete is ready-mixed in accordance with approved nationally recognized
standards, the concrete need not be on the job. When the foundation is to be constructed
of approved treated wood, additional inspections may be required by the building official.
2. Concrete slab or under-floor inspection. To be made after in-slab or under-floor building
service equipment, conduit, piping accessories and other ancillary equipment items are in
place but before any concrete is placed or floor sheathing installed, including the sub
floor.
-19-
ILLEZOTTE1745487.2
120307-04706002
Ordinance No. 2007-24
3. Frame inspection. To be made after the roof, framing, fire blocking and bracing are in
place and all pipes, chimneys and vents are complete and the rough electrical, plumbing,
and heating wires, pipes and ducts are approved.
4. Lath and/or wallboard inspection. To be made after lathing and wallboard, interior and
exterior, is in place but before plaster is applied or before wallboard joints and fasteners
are taped and finished.
5. Final inspection. To be made after finish grading and the building is completed and ready
for occupancy.
REASON FOR AMENDMENT:
It is deemed to be unsafe to leave existing wiring, mechanical, and plumbing appurtenances when
they are no longer used.
SECTION VI
The following modifications and changes as recommended by the Building Official are
adopted to the California Plumbing Code, 2007 Edition, which is the 2006 Uniform Plumbing
Code with California amendments and Appendix A, Appendix B, Appendix D, Appendix I, and
Appendix K:
AMEND 2007 CPC SECTION 604.2 EXCEPTION.
DELETE SECTION 604.2 EXCEPTION.
AMEND 2007 CPC SECTION 609.3
AMENDED TO READ:
Water piping shall not be installed in or under a concrete floor slab within a building without
prior approval of the Administrative Authority. When approved, such piping shall be installed as
follows, but not limited to the following requirements:
REASONS FOR AMENDMENT:
Most of the surface soils in the Santa Clara Valley are relatively young and unconsolidated
sedimentary materials formed from a wide variety of parent materials. The varying chemical
composition, degree of weathering, and the relatively acid environment have created soils of
varying types, which are particularly cQrrosive in nature.
-20-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
AMEND 2007 CPC SECTION 609.3
ADD SECTION TO READ:
609.3.3
Piping installations in or under a concrete floor slab will be installed within a
chase or conduit for easy replacement, to the satisfaction of the Administrative
Authority.
REASONS FOR AMENDMENT:
1. Most of the surface soils in the Santa Clara Valley are relatively young and unconsolidated
sedimentary materials formed from a wide variety of parent materials. The varying chemical
composition, degree of weathering, and the relatively acid environment have created soils of
varying types, which are particularly corrosive in nature.
2. Much of the surface soils in the Santa Clara Valley are highly expansive (i.e., shrink - swell
behavior) and has low bearing strength. There are two types of expansive soils in the area:
a. The organic silty clays which are the recent bay muds; and
b. The plastic silty clays, which weather from the shale, found in the hills
surrounding Santa Clara Valley.
3. The local climate is characterized by markedly delineated rainy and dry seasons, which tend
to maximize the expansive characteristics of soil.
4. Some parts of Santa Clara Valley have hard water, which is corrosive to ferrous pipe.
5. The groundwater table is unusually high in many places.
6. The Santa Clara Valley is in a highly active seismic area.
AMEND 2007 CPC SECTION 609.4 Testing.
AMENDED TO READ:
Upon completion of a section or of the entire hot and cold water supply system, it shall be tested
and proved tight under a water pressure not less than 100 psi. The water used for tests shall be
obtained from a portable source of supply. A fifty (50) pound per square inch (344.5 kPa) air
pressure may be substituted for the water test. In either method of test, the piping shall withstand
the test without leaking for a period of not less than fifteen (15) minutes.
REASONS FOR AMENDMENTS:
1. Geological II.
2. This existing amendment continues to be required by local conditions.
AMEND 701.1.2.2 [HCD 1 & HCD 2] TO READ: ABS and PVC installations are
limited to not more than two stories in areas of residential accommodation in a three story
building. ABS and PVC are not allowed in any story of a four or more story building.
-21-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
REASON FOR AMENDMENT:
Geological II.
AMEND 2007 CPC SECTION 719 Clean-outs.
ADD NEW SECTION TO READ:
719.1.1 A clean-outs shall be installed on private property adjacent to property line where the
private sewer system connects to the public sanitary sewer lateral. All such line clean-outs shall
be extended to grade with materials according to specifications approved by the Administrative
Authority and terminate within a concrete box.
Exception: Ifthe lateral does not exceed 50 ft. from the middle of the pubic road to the building
drain clean-out and the building drain clean-out is provided with an approved directional two
way fitting. In addition, the run must be substantially straight with less than an aggregate change
of direction not to exceed 135 degrees.
REASONS FOR AMENDMENT:
1. Geological II.
2. The Santa Clara Valley soils are expansive in nature. These expansive soils create unstable
conditions, which increase the potential of breaks in sewer laterals. To maintain health and
sanitary services, it is necessary to gain access, to periodically maintain public sanitary
laterals. This is accomplished by the additional clean-out as required above.
AMEND 2007 CPC Section 1209.5.3 as follows:
AMEND TO READ: 1209.5.3.4 Corrugated stainless steel tubing shall be allowed in
residential attic spaces only and shall be tested and listed in compliance with the
construction, installation, and performance requirements of ANSI/IAS LC-l, Standard for
Fuel Gas Piping Systems Using Corrugated Stainless Steel Tubing. [NFPA 54;5.6.3.4]
REASON FOR AMENDMENT:
Geological II.
SECTION VII
The following modifications and changes as recommended by the Building Official are
adopted to the California Mechanical Code, 2007 Edition, which is the 2006 Uniform
Mechanical Code with California amendments:
-22-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
AMEND 2007 CMC SECTION 1201.2.7.2.2 Wall thickness.
AMENDED TO READ:
Tubing shall be at least Type K for condensate return lines, and Type L for steam condenser
cooling water lines, underground water lines, and above ground water lines. Type M shall not be
used
REASONS FOR AMENDMENT:
1. Geological II.
2. Most of the surface soils in the Santa Clara Valley are relatively young and
unconsolidated sedimentary materials formed from a wide variety of parent materials.
The varying chemical composition, degree of weathering, and the relatively acid
environment have created soils of varying types, which are particularly corrosive in
nature.
SECTION VIII
The following modifications and changes as recommended by the Building Official are adopted
to the California Electrical Code, 2007 Edition.
AMEND 2007 CEC Article 110.26(C) Access and Entrance to Working Space.
AMENDED TO READ:
For equipment rated 1200 amperes or more and over 6 ft. (1.83 m) wide that contains overcurrent
devices, switching devices, or control devices, there shall be one entrance not less than 24 in. (610
mm) wide and 6 Y2. ft. (1.98 m) high at each end of the working space. Where the entrance has a
personnel door(s), the door(s) shall open in the direction of egress and be equipped with panic bars,
pressure plates or other devices that are normally latched but open under simple pressure.
REASONS FOR AMENDMENT:
1. Geological I.
2. Added safety precautions for our seismic area in the event of a cataclysmic failure of
electrical equipment and the personnel exposed to such event would have a safer source of egress
from such space or area.
SECTION IX
The 2006 International Property Maintenance Code is Hereby Amended to Read:
-23-
ILLEZOTTE1745487.2
120307-04706002
Ordinance No. 2007-24
The following modifications and changes are recommended prior to adopting this code.
The codes standards and references in this code should be revised as follows;
. International Building Code
. International Mechanical Code
. ICC Electrical Code
. International Fire Code
. International Plumbing Code
. International Zoning Code
. International Fuel Gas Code
. Name of Jurisdiction
. Jurisdiction to insert appropriate
schedule
. Board of a eals
. 2007 California Building Code
. 2007 California Mechanical Code
. 2007 California Electrical Code
. 2007 California Fire Code
. 2007 California Plumbing Code
. City of Gilroy Zoning Ordinance
. No reference
. City of Gilroy
. Current City of Gilroy Comprehensive fee
schedule
. Hearin Officer
AMEND 2006 International Property Maintenance Code herein after 2006 IPMC Section
111.1
AMENDED TO READ:
111.1 Application for appeal. Any person directly affected by a decision of the code
official or a notice or order issued under this code shall have the right to appeal to the
hearing officer, provided that a written application for appeal is filed within 30 days after
the day the decision, notice or order was served. An application for appeal shall be based
on a claim that the true intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions ofthis code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
REASON FOR AMENDMENT:
Gilroy Municipal Code chapter 6A has already established an appeal process through the
Administrative Hearing Officer.
DELETE 2006 IPMC Section 111.2 Membership Of The Board through Section 111.6.2
Administration
REASON FOR AMENDMENT:
Gilroy Municipal Code chapter 6A has already established an appeal process through the
Administrative Hearing Officer.
AMEND 2006 IPMC Section 301.1 Sanitation
AMENDED TO READ:
-24-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
302.1 Sanitation. The property owner shall maintain the property exterior and premises
in a clean, safe and sanitary condition. Such owner shall remain liable for violations
thereof regardless of any contract or agreement with any third party regarding such
property.
REASON FOR AMENDMENT:
The property owner is always held responsible for the condition of their property.
AMEND 2006 IPMC Section 302.4 Weeds, paragraph 1
AMENDED TO READ:
302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or
control of any building, lot or premises within the city shall permit excess weeds to
remain or accumulate upon such premises or upon public sidewalks or streets or alleys
between such premises and the centerline of any public street or alley. All noxious weeds
shall be prohibited. Weeds shall be defined per Municipal Code Section 12.45.
REASON FOR AMENDMENT:
This section revised to comply with Municipal Code Section 12.46.
AMEND 2006 IPMC Section 303.2 Enclosures, first sentence
AMENDED TO READ:
303.2 Enclosures. Except as provided for in other regulations, private swimming pools,
hot tubs, spas and ponds, containing water more than li inches (610 mm) in depth shall
be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height
above the finished ground level measured on the side of the barrier away from the pool.
REASON FOR AMENDMENT:
The City Gilroy has an established Pool Safety Policy.
AMEND 2006 IPMC Section 304.14 Insect Screens, first sentence
DELETE the words:
"During the period from [DATE] to [DATE],"
AMEND 2006 IPMC Section 304.18.2 Windows, first sentence
AMENDED TO READ:
-25-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
304.18.2 Windows. Operable windows located in whole or in part within 12 feet (1828
mm) above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with
a window sash locking device.
REASON FOR AMENDMENT:
To comply with California Civil Code Section 1941.3(a)2.
AMEND 2006 IPMC Section 307.3.1 Garbage facilities
AMENDED TO READ:
307.3.1 Garbage facilities. The owner of every dwelling shall be responsible for
providing an approved leak proof, covered, outside garbage container for each dwelling
unit.
REASON FOR AMENDMENT:
To comply with Gilroy codes.
AMEND 2006 IPMC Section 308.2 Owner
AMENDED TO READ:
308.2 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 premise
containing a dwelling unit, multiple occupancy, rooming house or a nonresidential
structure shall be responsible for maintaining the structure and premise in a rodent or
pest- free condition. If an infestation is caused by an occupant substantially failing to
properly maintain their occupied area of the structure or premise "as clean and sanitary as
the condition of the structure or premise permits" and for as long as the occupants failure
substantially causes an unlivable condition to occur, or substantially interferes with the
owners ability to repair the condition, the owner does not have to repair the condition.
REASON FOR AMENDMENT:
California Tenants Handbook Page 35 holds owners primarily responsible for habitable
conditions.
DELETE 2006 IPMC Section 308.3 Single Occupant through Section 308.5 Occupant
REASON FOR AMENDMENT:
Comply with California Tenants Handbook guidelines.
-26-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
DELETE 2006 IPMC Section 602.2 Residential occupancies; Exception: only
REASON FOR AMENDMENT:
The Uniform Housing Code has always used 70 degrees as the standard. The IPMC has revised
this standard to 68 degrees and the exception creates a reduction to 65 degrees. This is considered
to low for this area.
AMEND 2006 IPMC Section 602.3 Heat Supply
DELETE the words:
"during the period from [DATE] to [DATE],"
DELETE 2006 IPMC Section 602.3 Heat Supply; Exceptions: 2. only
DELETE 2006 IPMC Section 602.4 Occupiable work spaces
REASON FOR AMENDMENT:
Primarily enforced by Cal OSHA.
AMEND 2006 IPMC Section 702.1 General
REPLACE the words:
"International Fire Code"
With:
"2007 California Fire Code, and 2007 California Building Code"
SECTION X
Section 6.1 of Chapter 6 of the Gilroy City Code is hereby amended to read:
Sec. 6.1 Construction Codes Adopted.
For the purpose of setting forth proper regulations for the protection of the
public health, safety and welfare, regulating the erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition,
occupancy, equipment, use, height, area and maintenance of buildings and
structures in the city, providing for the issuance of permits and collection of fees
therefore, declaring and establishing fire districts and providing penalties for the
violation thereof, the following uniform construction codes are adopted, as
amended, to apply in the City of Gilroy:
A. The 2007 California Building Code.
B. The 2007 California Electrical Code.
-27-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
C. The 2007 California Mechanical Code.
D. The 2007 California Plumbing Code.
E. The 2007 California Energy Code
F. The 2007 California Historical Building Code.
G. The 2007 California Fire Code.
H. 2007 California Existing Building Code with Appendices A2 and A3 of
the 2006 International Existing Building Code.
I. 2006 International Property Maintenance Code.
J. The 1997 Uniform Administrative Code.
The latest edition of each of the above codes shall be submitted to the
Council from time to time together with changes or modifications as are
reasonably necessary because of local climatic, geological, or topographical
conditions, or as otherwise permitted by state law. The City Council may by
ordinance approve these and other uniform construction codes as they may exist
from time to time and changes and modifications thereto. The ordinance shall be
kept on file in the office of the City Clerk for public review.
SECTION XI
The City Council hereby directs staff to include in the record any and all documents
setting forth facts and findings for adoption of the uniform codes and appendices and
amendments and changes thereto as set forth herein.
SECTION XII
Pursuant to the Gilroy City Charter, Article VI, Sections 601, 602 and 608, this Ordinance
is hereby declared by the City Council to be necessary as an emergency measure to preserve and
protect the public health, safety and welfare and shall take effect immediately and be in full force
and effect January 1, 2008. The reasons that it is necessary that this Ordinance take effect
January 1, 2008 are: The public health, safety and welfare requires that the City enact building
and fire standards in addition to the new standards adopted by the State, due to local climatic,
geographical and topographical characteristics of the City, and the need to enact more stringent
panic and fire standards than adopted by the State. If the additional standards are not enacted by
-28-
ILLEZOTTEI7 45487.2
120307-04706002
Ordinance No. 2007-24
January 1, 2008, the new State standards will take effect without the City's needed local
standards pursuant to California Health & Safety Code 9 17958.
SECTION XIII
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION XIV
This Ordinance shall take effect immediately and be in full force and effect January 1,
2008.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 17th
day of December, 2007, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD, and PINHEIRO.
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
-29-
ILLEZOTTEI745487.2
120307-04706002
Ordinance No. 2007-24
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2007-24 is an original ordinance, or true and correct copy of a city
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 17th day of December, 2007, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 30th day of December, 2007.
(Seal)