Ordinance 2013-11ORDINANCE NO. 2013-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING SECTION 6.1, 6.6 AND 6.7 OF CHAPTER 6
OF THE GILROY CITY CODE AND ADOPTING THE
FOLLOWING CODES: 2013 CALIFORNIA BUILDING (VOL 1
AND 2), 2013 CALIFORNIA RESIDENTIAL CODE, 2013
CALIFORNIA ELECTRICAL CODE, 2013 CALIFORNIA
MECHANICAL CODE, 2013 CALIFORNIA PLUMBING CODE,
2013 CALIFORNIA ENERGY CODE, 2013 CALIFORNIA
HISTORICAL BUILDING CODE, 2013 CALIFORNIA EXISTING
BUILDING CODE WITH APPENDICES Al, A2, A3, A4, AND A5
OF THE 2012 INTERNATIONAL EXISTING BUILDING CODE,
2013 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND
2012 INTERNATIONAL PROPERTY MAINTENANCE CODE
WHEREAS, Section 6.1, 6.6, and 6.7 of the Gilroy City Code provide 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 2012 International
Building Code ( "IBC ") as adopted by the State of California as the 2013 California Building Code
( "CBC "); the 2012 International Residential Code ( "IRC ") as adopted by the State of California as the
2013 California Residential Code ( "CRC "); the 2011 National Electrical Code ( "NEC ") as adopted by
the State of California as the 2013 California Electrical Code ( "CEC "); the 2012 Uniform Mechanical
Code ( "UMC ") as adopted by the State of California as the 2013 California Mechanical Code ( "CMC ");
the 2012 Uniform Plumbing Code ( "UPC ") as adopted by the State of California as the 2013 California
Plumbing Code ( "CPC "); 2013 California Energy Code ( "CEnC "); 2013 California Historical Building
Code ( "CHBC "); 2013 California Existing Building Code ( "CEBC "); and 2013 California Green
Building Standards Code (CALGreen); and
WHEREAS, California has adopted these Codes, except for the 2012 International Property
Maintenance Code (IPMC), as the California Building Standards Code; and
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WHEREAS, California Health and Safety Code § 17958.5 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 regulations to impose those
requirements or make changes or modifications in those requirements upon express findings, the
provisions published in the California Building Standards Code and other promulgated regulations shall
be applicable to the city or county and shall become effective January 1, 2014; 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
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
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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 November 4, 2013; 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
Section 6.6 (a) of Chapter 6 of the Gilroy City Code is hereby amended to read:
This Ordinance shall be known and cited as the Gilroy Building and Safety Code.
SECTION H
Section 6.6 (b) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following Codes are hereby adopted by reference for the City of Gilroy:
1. The California Building Code (CBC), 2013 Edition, which is the 2012 International Building
Code (IBC) with California amendments, Division I in Chapter 1, Division II in Chapter 1, and
the following appendix chapters: Chapter C, Chapter F, 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;
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2. The California Residential Code (CRC), 2013 Edition, which is the 2012 International
Residential Code (IRC) with California amendments, Division I in Chapter 1, Division II in
Chapter 1, and the following appendix chapters: Chapter H and K is adopted with modifications
and changes recommended by the Building Official as set forth in Section V of this Ordinance;
3. The California Electrical Code (CEC), 2013 Edition, which is the 2011 National Electrical Code
(NEC) with California amendments, is adopted with modifications and changes recommended by
the Building Official as set forth in Section VI of this Ordinance;
4. The California Mechanical Code (CMC), 2013 Edition, which is the 2012 Uniform Mechanical
Code (UMC) with California amendments, Division I in Chapter 1, Division II in Chapter 1, and
the following appendix chapters: Chapter A, B, C, and D, is adopted with modifications and
changes recommended by the Building Official as set forth in Section VII of this Ordinance;
5. The California Plumbing Code (CPC), 2013 Edition, which is the 2012 Uniform Plumbing Code
(UPC) with California amendments, Division I in Chapter 1, Division II in Chapter 1, 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 VIII of
this Ordinance;
6. The California Energy Code (CEng, 2013 Edition, is adopted with no modifications or changes
as recommended by the Building Official;
7. The California Historical Building Code (CHBC), 2013 Edition, published by the International
Code Council is adopted with no modifications or changes as recommended by the Building
Official;
8. The California Existing Building Code, 2013 (CEBC) Edition and its appendices and the
following appendix A1, A2, A3, A4, and A5 of the 2012 International Existing Building Code
(IEBC) is adopted with no modifications or changes as recommended by the Building Official;
9. The California Green Building Standards Code (CALGreen), 2013 Edition, is adopted with no
modifications or changes as recommended by the Building Official;
10. The International Property Maintenance Code (IPMC), 2012 Edition and appendix A is adopted
with modification and changes as recommended by the Building Official as set forth in Section
IX of this Ordinance.
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SECTION III
Pursuant to California Health and Safety Code § 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."
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3. Many of the modifications or changes are reasonably necessary because of the following
Topographical conditions.
(a) A major rail corridor through the central portion of town divides the City. There are no
overpasses available within the City boundaries. This can impair response and can serve
to isolate the City's Fire Response capability. A major highway also divides the City.
There are portions of the City where there is only one overpass to access a substantial
geographical area. There are no alternate routes within City boundaries; and
The highway is also part of a major truck transportation route. If an accident or
earthquake makes the overpass un- crossable this will isolate the area and impact
response times; and the City has a substantial industrial area within a flood plain.
Flooding in the area would isolate the area from the City's Fire Response capability; and
The City has areas that are within hillside and open spaces defined as State
Response Areas. The grade and narrow and/or lack of roadways impair the Fire
Response to these areas. The presence of large areas of natural vegetation that is dry and
highly ignitable during the dry and hot summer and fall months can create increase fire
responses and impair fire response to other incidents. Water flow in the hillside areas is
impacted as fire flows fall below 1500 gpm; and
The City is a great distance from any large metropolitan area. Response time
from the nearest metropolitan fire department is a minimum of half an hour and during
traffic periods in excess of 45 minutes. This serves to further isolate the City and impair
Fire Response as there are fewer fire responders in the immediate area. Information on
the nature of an incident in a timely manner is of greater importance than in a
metropolitan area where a first alarm sends more personnel than the entire on -duty
staffing of the Gilroy Fire Department. Measures which provide early fire detection,
suppression and prevention of fire spread are warranted based on these findings. This
reason is hereinafter referred to as "Topographical I ".
(b) Portions of the City are in hillside areas that had extensive hillside construction that is
prone to erosion. This reason is hereinafter referred to as "Topographical II ".
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4. Many of the modifications or changes are reasonably necessary because of other climatic,
geological or topographical conditions, and these climatic, geological or topographical
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 fording refers, shall be filed by the City Clerk with the California Building Standards
Commission.
SECTION IV
Section 6.7 (a) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following modifications and changes as recommended by the Building Official are adopted
to the California Building Code (CBC), 2013 Edition, which is the 2012 International Building Code
(IBC) as amended by the State of California:
DELETE SECTION 1.8.4,1.8.5,1.8.7, AND 1.8.8
AMEND CHAPTER 1 DIVISION II TITLE BLOCK TO READ AS FOLLOWS:
GILROY BUILDING CODE ADMINISTRATIVE PROVISIONS
AMEND SECTION 101 AS FOLLOWS:
AMEND SECTION 101.1 TO READ AS FOLLOWS:
101.1 Title. These regulations shall be known as the Gilroy Building Code, hereinafter referred
to as "this code."
AMEND SECTION 101.4 TO READ AS FOLLOWS:
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101.4 Referenced codes. The other codes listed in section 101.4.1 through 101.4.9 and
referenced elsewhere in this code shall be considered part of the requirements of this code to the
prescribed extent of each such reference.
101.4.1 Gas. The provisions of the 2013 California Mechanical Code and California Plumbing
Code shall apply to the installation of gas piping.
101.4.2 Mechanical. The provisions of the 2013 California Mechanical Code shall apply to
installation, alterations, repairs and replacement of mechanical systems.
101.4.3 Plumbing. The provisions of the 2013 California Plumbing Code shall apply to
installation, alternation, repairs and replacement of plumbing systems.
101.4.4 Property Maintenance. The provisions of the 2013 California Building Code,
California Residential Code, California Mechanical Code, California Electrical Code, California
Plumbing Code, California Fire Code, and the 2012 International Code for Property Maintenance
shall apply to existing structures and premises; equipment and facilities; light, ventilation, space
heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and
occupants and occupancy of existing premises and structures.
101.4.5 Fire Prevention. The provisions of the 2013 California Fire Code and the 2012
International Fire Code by reference shall apply to matters affecting or relating to fire hazards.
101.4.6 Energy. The provisions of the 2013 California Energy Code, Title 24, Part 6, shall
apply to all matters governing the design and construction of building for energy.
101.4.7 Green Building Standards. The provisions of the 2013 California Green Building
Standards Code shall apply to all matters governing the "green building" related planning, design
construction, operation, use and occupancy of newly constructed buildings.
101.4.8 Residential Buildings. The provisions of the 2013 California Residential Code shall
apply to all matters governing the design and construction of detached, one- and two - family
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dwellings, townhouses not more than three stories and separate means of egress, and structural
accessory thereto.
101.4.9 Electrical. The provisions of the 2013 California Electrical Code shall apply to the
installation of electrical systems, including alterations, repairs, replacement, equipment,
appliances, fixtures, fittings and appurtenances thereto.
AMEND SECTION 103 AS FOLLOWS:
AMEND SECTION 103 TITLE BLOCK TO READ AS FOLLOWS:
BUILDING AND SAFETY DIVISION
AMEND SECTION 103.1 TO READ AS FOLLOWS:
103.1. Creation of enforcement agency. The Building and Safety Division is hereby created
and the official in charge thereof shall be known as the Building Official.
AMEND SECTION 103.3 TO READ AS FOLLOWS:
103.3 Deputies. In accordance with the prescribed procedures of the jurisdiction and with the
concurrence of the appointing authority, the building official shall have the authority to appoint
related technical officers, inspectors, plan examiners and other employees. Such employees shall
have powers as delegated by the building official.
AMEND SECTION 105 AS FOLLOWS:
AMEND SECTION 105.1 TO READ AS FOLLOWS:
105.1 Permit Required. Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to cause any such work to be done,
shall first make application to the building official and obtain the required permit. A building
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permit is required for paving, improving, striping, or restriping for each parking lot.
DELETE SECTION 105.1.1 and 105.1.2.
AMEND SECTION 105.2 TO READ AS FOLLOWS:
105.2. Work exempt from permit. Exemptions from permit requirements of this code shall not
be deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of this jurisdiction. Permits
shall not be required for the following:
Building:
1. One -story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed 120 square feet (11 m2).
2. Wood fences not over 7 feet (1,829 mm) high or concrete or masonry wall not over 4 feet
high.
3. Oil derricks.
4. Concrete and masonry retaining walls that are not over 4 feet (1219 mm) in height
measured from the bottom of the footing to the top of the wall, unless supporting a
surcharge or impounding Class I, II or IIIA liquids, supporting another structure, fence,
or similar.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons
(18,925 L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks, residential decks and driveways no more than 30 inches (762 mm) above
adjacent grade, and not over any basement or story below and are not part of an
accessible route or required exit.
7. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
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9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 24
inches (610 mm) deep, do not exceed 5,000 gallons (1,895 L) and are installed entirely
above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings and other playground equipment accessory to single detached one- and two-
family dwellings and not considered a public playground.
12. Window awnings supported by an exterior wall that do not project more than 54 inches
(1,372 mm) from the exterior wall and do not require additional support of Group R -3
and U occupancies.
13. Non -fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1,753 mm) in height.
Electrical:
1. Portable motors or other portable appliances energized by means of a cord or cable
having an attachment plug end to be connected to an approved receptacle when that cord
or cable is permitted by the Electrical Code.
2. Repair or replacement of motors, transformers and controls within fixed approved
appliances of the same type and rating in the same location.
3. Temporary decorative lighting for residential dwellings.
4. Repair or replacement of current - carrying parts of any switch, contactor or control
device.
5. Reinstallation of attachment plug receptacles, but not the outlets thereof.
6. Replacement of any overcurrent device less than 1,200 amps of the same capacity in the
same location.
7. Repair or replacement of electrodes or transformers of the same size and capacity for
signs or gas tube systems.
8. Removal of electrical wiring.
9. Temporary wiring for experimental purposes in suitable experimental laboratories.
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10. The wiring for temporary theatre, motion picture or television stage sets.
11. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25
volts and not capable of supplying more than 50 watts of energy.
12. Low - energy power, control and signal circuits of Classes II and III as defined in the
Electrical Code.
13. A permit shall not be required for the installation, alteration or repair of electrical wiring,
apparatus or equipment or the generation, transmission, distribution or metering of
electrical energy or in the operation of signals or the transmission of intelligence by a
public or private utility in the exercise of its function as a serving utility.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulate by
this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self- contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and
actuated by motors of 1 horsepower (746 W) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if
any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it
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becomes necessary to remove and replace the same with the new material, such work
shall be considered as new work and a permit shall be obtained and inspection made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the
removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes or fixtures.
AMEND SECTION 105.3.2 TO READ AS FOLLOWS:
105.3.2 Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned 180 days after the date of filing, unless such application
has been pursued in good faith or a permit has been issued; except that the building official is
authorized to grant one or more extensions of time for additional periods not exceeding 180 days.
An application shall not be extended more than twice. The extension shall be requested in
writing with justifiable cause demonstrated and accepted by the building official.
In granting any extension the building official may require compliance with any new
regulation. In order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee. The new plan review fee shall be one half the
amounts required for a new plan review, provided no changes have been made in the original
plans, design, and specifications for such work, and provided further that such abandonment has
not exceeded one year. In order to renew an action on an expired application the applicant shall
comply with all applicable new regulations.
AMEND SECTION 105.5 TO READ AS FOLLOWS:
105.5 Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. The building official is authorized to grant, in writing, one of
more extensions of time, for periods not more than 180 days each. The extension shall be
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requested in writing and justifiable cause demonstrated. Permits shall not be extended more
than twice.
AMEND SECTION 105.7 AS FOLLOWS:
105.7 Placement of Permit. The building permit, along with all plans and documentation
approved by the building official, shall be kept onsite until final approval has been granted by the
building official.
AMEND SECTION 107.3.4.1 TO READ AS FOLLOWS:
107.3.4.1 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 specified period.
Deferred of any submittal items shall have the prior approval of the building official. The
engineer or architect of record shall list the deferred items on the construction documents for
review by the building official.
Documents for deferred submittal items shall be submitted to the engineer and architect
of record for reviews and approvals prior to submitting to the building official. A conformance
letter along with the submittal documents shall be submitted. The deferred submittal items shall
not be installed until the deferred submittal documents have been approved by the building
official.
Deferred submittals are charged on an hourly rate established in the City of Gilroy
Comprehensive Fee Schedule.
AMEND SECTION 109.2 TO READ AS FOLLOWS:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and
plumbing systems or alternations requiring a permit, a fee for each permit shall be paid as
required in accordance with the Comprehensive Fee Schedule as adopted.
AMEND SECTION 109.3 TO READ AS FOLLOWS:
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109.3. Building permit valuation. The applicant for a permit shall provide an estimated permit
value at time of application. Permit valuations shall include total value of work, including
materials and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems. If, in the opinion of the building official, the
valuation is underestimated on the application, the valuation shall be adjusted using the current
building construction valuation table adopted by the city council. Final minimum building
permit valuation shall be set by the building official.
AMEND SECTION 109.4 TO READ AS FOLLOWS:
109.4 Work commencing before permit issuance. Whenever any work for which a permit is
required by this code has been commenced without first obtaining said permit, the fee for
necessary permits shall be double the fee established by the current City of Gilroy
Comprehensive Fee Schedule or as otherwise determined by the building official.
AMEND SECTION 109.5 TO READ AS FOLLOWS:
109.5. Related fees. The payment of the fee for the construction, alteration, removal of
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law and the City of Gilroy.
ADD SECTION 109.7 TO READ AS FOLLOWS:
109.7 Plan review fees. When submittal documents are required by Section 107, a plan checking
fee shall be paid at the time of submitting plans, calculation and specifications for checking.
Said plan review fee shall be as set forth in the City of Gilroy Comprehensive Fee Schedule.
When submittal documents are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged as deemed necessary by the building official at an
hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city
council.
ADD SECTION 110.7 TO READ AS FOLLOWS:
110.7 Inspection Record Card. Work requiring a permit shall not be commenced until the
permit holder or an agent of the permit holder has posted or otherwise made available the
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inspection record card issued by the building official such as to allow the building official to
conveniently make the required entries thereon regarding inspection of the work. This card shall
be maintained and available by the permit holder until final approval has been granted by the
building official.
AMEND SECTION 111.2 TO READ AS FOLLOWS:
111.2 Certificate issued. After the building official inspects the building or structure and finds
no violations of the provisions of this code, City of Gilroy conditions and ordinances, or other
laws that are enforced by the building and safety division, the building official shall issue a
certificate of occupancy (C of O). For residential single family dwelling, the project permit card
issued by the City of Gilroy shall serve as the certificate of occupancy when properly signed.
AMEND SECTION 112.1 TO READ AS FOLLOWS:
112.1 Connection of utility service. No person shall make a connection from a source of
electrical energy or fuel gas to any electric wiring system, gas piping system, device, appliance
or equipment for the installation of which a permit is required, unless such wiring system, gas
piping system, devices, appliance or equipment has first been inspected by the building official
and found to comply with all applicable codes and ordinances of the city.
DELETE SECTION 113
AMEND SECTION 402.5 TO READ AS FOLLOWS:
DELETE EXCEPTION.
AMEND SECTION 403.3 TO READ AS FOLLOWS.
DELETE EXCEPTION.
AMEND SECTION 4043 TO READ AS FOLLOWS.
DELETE ALL EXCEPTIONS.
AMEND SECTION 4063.4 TO READ AS FOLLOWS:
406.3.4 Separation. Separation shall comply with the following when both the garage and
residence are protected by an approved Fire Sprinkler System:
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1. The private garage shall be separated from the dwelling unit and its attic area by means of a
minimum % 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- 3/4 inches (34.9 mm) thick, or doors in compliance with Section
716.5.3. 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.
3. A separation is not required between a Group R3 and U carport, provided the carport is
entirely open on two or more sides and there are not enclosed areas above.
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-
3/4 inches (34.9 mm) thick, or doors in compliance with Section 716.5.3. 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.
3. A separation is not required between a Group R3 and U carport, provided the carport is
entirely open on two or more sides and there are not enclosed areas above.
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ADD SECTION 406.3.6 TO READ AS FOLLOWS:
406.3.6 Garage flammable vapor ventilation. In enclosed private garages attached to R
occupancies, provide 1 square foot of ventilation area located at the lower 12" of garage wall.
Said ventilation areas shall be directly communicated with the exterior, but shall not be installed
where protection of openings is required.
DELETE SECTION 410.7 EXCEPTION 1, 2, and 3.
AMEND SECTION 903.2 TO READ AS FOLLOWS:
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 AS FOLLOWS:
Section 903.2.1.1. Automatic fire - extinguishing systems. For "automatic fire - extinguishing
systems" in new buildings and structures, any conflicts between the 2013 CBC and the Gilroy
Fire Code, the Gilroy Fire Code shall prevail.
ADD SECTION 1505.1.5 TO READ AS FOLLOWS:
1505.1.5 Roofing. Class A roof covering shall be required for all Hillside Construction.
AMEND SECTION 1705.3 TO READ AS FOLLOWS:
1705.3 Concrete Construction. The special inspections and verifications for concrete
construction shall be as required by this section and Table 1705.3.
EXCEPTIONS: Special inspection shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less in height above the
grade plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, fc, no greater than 2,500 pounds per
square inch (psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories or less above
ORDINANCE NO. 2013-11
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grade plane that are fully supported on earth or rock where:
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs
on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4. Concrete patios, driveways and sidewalks, on grade.
AMEND SECTION 1807 AS FOLLOWS:
AMEND SECTION 1807.2 TO READ AS FOLLOWS:
1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1
through 1807.2.4
ADD SECTION 1807.2.4 TO READ AS FOLLOWS:
1807.2.4 Retaining Wall Construction. Retaining walls shall be constructed of concrete or
masonry and be designed by a California State licensed engineer (Civil or Structural Engineer).
DELETE SECTION 1905.1.8 AND REPLACE TO READ AS FOLLOWS:
1905.1.8 ACI 318 -11, Section 22.10. Delete ACI 318, section 22.10.1, and replace with the
following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of
structural plain concrete, except as follows:
(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.
ORDINANCE NO. 2013-11
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(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 stores or less in height and
constructed with stud bearing walls, plain concrete 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.
ADD SECTION 2306.3.1 TO READ AS FOLLOWS:
2306.3.1 Shear walls sheathed with other materials. Shear walls sheathed with Portland cement
plaster, gypsum lath, gypsum sheathing or gypsum board shall be designed and constructed in
accordance with AP &PA SDPWS. Shear walls sheathed with these materials are permitted to
resist horizontal forces using the allowable shear capacities set forth in Table 2306.3(3). Shear
walls sheathed with Portland cement plaster, gypsum lath, gypsum sheathing or gypsum board
shall not be used to resist seismic forces in structures assigned to Seismic Design Category D, E or
F.
Exception: Item 1, expanded metal or woven wire lath and Portland cement plaster on studs
spaced at 16 inches (406 mm) on center installed per Table 2306.7 is permitted for use in one
story structures of R -3 and U occupancies in Seismic Design Category D.
AMEND SECTION 2308.1 TO READ AS FOLLOWS:
Section 2308.1 General. The requirements of this section are intended for conventional light -
frame construction. Other methods are permitted to be used, provided a satisfactory design is
submitted showing compliance with other provisions of this code. Interior nonload- bearing
partitions, ceilings and curtain walls of conventional light -frame construction are not subject to
the limitations of this section. Detached one- and two - family dwellings and multiple single -
family dwellings (townhouses) not more than three stories above grade plane in height with a
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separate means of egress and their accessory structures shall comply with the California
Residential Code.
AMENDS SECTION 2308.3.4 TO READ AS FOLLOWS:
Section 2308.3.4 Braced wall line support. Braced wall lines shall be supported by continuous
foundations.
Exceptions:
1. One -story buildings with maximum plan dimension not exceeding 50 feet (15240 mm),
may have continuous foundations located at exterior braced wall lines only.
2. Two -story buildings with a maximum plan dimension not exceeding 50 feet (15240 mm)
may have braced wall lines supported on continuous foundations at the exterior walls
only, provided:
a) Cripple walls do not exceed 4 feet (1219 mm) in height; and
b) Where the first story is supported on a raised wood framed floor, the interior braced
wall panels are directly supported by either doubled joists, continuous 4x blocking, or
minimum 4x floor beams.
C)
AMEND SECTION 2308.9.3 TO READ AS FOLLOWS:
2308.9.3 Bracing. 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 (15.9 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 3/8 -inch (7.9 mm) for 16-
inch (406 mm) or 24 -inch (610 mm) stud spacing in accordance with Tables 2308.9.3(2)
and 2308.9.3(3).
ORDINANCE NO. 2013-11
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3. Fiberboard sheathing 4 -foot by 8 -foot (1219 mm by 2438 mm) panels not less than %2-
inch (13 mm) thick applied vertically on studs spaced not over 16- inches (406 mm) on
center where installed with fasteners in accordance with Section 2306.6 and Table
2306.6.
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 Table
2308.9.3(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.
AMEND THE FIRST PARAGRAPH OF SECTION 2308.12.4 TO READ AS FOLLOWS:
2308.12.4 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. Panel sheathing joints shall occur over
studs or blocking. 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.
AMEND TABLE 2308.12.4 AS FOLLOWS:
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 ".
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AMEND SECTION 2308.12.5 TO READ AS FOLLOWS:
2308.12.5 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.
DELETE SECTION 2505 IN ITS ENTIRETY.
AMEND SECTION 3405 TO READ AS FOLLOWS:
ADD SECTION 3405.2.4 TO READ AS FOLLOWS:
3405.2.4 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and
design shall be based on the procedures specified in the California Building Code, ASCE 31
Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic
Rehabilitation of Existing Buildings. The procedures contained in Appendix A2, A3, A4 and A5
of the International Existing Building Code shall be permitted to be used as specified in Section
3405.2.4.
3405.2.4.1 Compliance with CBC level seismic forces. Where compliance with the seismic
design provisions of the California Building Code is required, the procedures shall be in
accordance with one of the following:
1. One - hundred percent of the values in the California Building Code. Where the existing
seismic force - resisting system is a type that can be designated as "Ordinary," the values
of R, SZo, and Cd used for analysis in accordance with Chapter 16 of the California
Building Code shall be those specified for structural systems classified as "Ordinary"
unless it is demonstrated that the structural system will provide performance equivalent
to that of a "Detailed," "Intermediate" or "Special" system.
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2. Compliance with ASCE 41 using both BSE -1 and BSE -2 earthquake hazard levels and
the corresponding performance levels in Table 3405.2.4.1.
TABLE 3405.2.4.1
PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES
RISK CATEGORY
(BASED ON CBC
TABLE 1604.5)
PERFORMANCE LEVEL FOR USE
WITH ASCE 31 AND WITH ASCE 41
BSE -1 EARTHQUAKE HAZARD
LEVEL
PERFORMANCE LEVEL FOR
USE WITH ASCE 41 BSE -2
EARTHQUAKE HAZARD LEVEL
I
Life Safety (LS)
Collapse Prevention (CP)
II
Life Safety (LS)
Collapse Prevention (CP)
III
Note a
Note a
IV
Immediate Occupancy (IO)
Life Safety (LS)
Note a:
Acceptance criteria for Occupancy Category III shall be taken as 80 percent of the
acceptance criteria specified for Occupancy Category II performance levels, but need
not be less than the acceptance criteria specified for Occupancy Category IV
performance levels.
3405.2.4.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and
design is permitted to meet reduced California Building Code seismic force levels, the
procedures used shall be in accordance with one of the following:
1. The California Building Code using 75 percent of the prescribed forces. Values of R,
n,,, and Cd used for analysis shall be as specified in Section 3405.2.4.1 Item 1.
2. Structures or portions of structures that comply with the requirements of the applicable
chapter in Appendix A2, A3, A4 and A5 of the International Existing Building Code as
specified in Items 2.1 through 2.5 below shall be deemed to comply with this section.
2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings
in Risk Category I or II are permitted to be based on the procedures specified in
Appendix Chapter Al of the California Existing Building Code, 2013 Edition.
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2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete
and reinforced masonry wall buildings with flexible diaphragms in Risk Category I
or II are permitted to be based on the procedures specified in Appendix Chapter
A2.
2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in
residential buildings of light -frame wood construction in Risk Category I or II are
permitted to be based on the procedures specified in Appendix Chapter A3.
2.4. Seismic evaluation and design of soft, weak, or open -front wall conditions in
multiunit residential buildings of wood construction in Risk Category I or II are
permitted to be based on the procedures specified in Appendix Chapter A4.
2.5. Seismic evaluation and design of concrete buildings in all Risk Categories are
permitted to be based on the procedures specified in Appendix Chapter A5.
3. Compliance with ASCE 31 based on the applicable performance level as shown in
Table 3405.2.4.2. It shall be permitted to use the BSE -1 earthquake hazard level as
defined in ASCE 41 and subject to the limitations in item 4 below.
4. Compliance with ASCE 41 using the BSE -1 Earthquake Hazard Level defined in ASCE
41 and the performance level as shown in Table 3405.2.4.2. The design spectral
response acceleration parameters S,, and SXl specified in ASCE 41 shall not be taken
less than 75 percent of the respective design spectral response acceleration parameters
SDs and SDI defined by the California Building Code and its reference standards.
TABLE 3405.2.4.2
PERFORMANCE CRITERIA FOR REDUCED CBC LEVEL SEISMIC FORCES
RISK CATEGORY j
(BASED ON CBC
TABLE 1604.5)
PERFORMANCE LEVEL
FOR USE WITH ASCE 31
i PERFORMANCE LEVEL FOR USE
I WITH ASCE 41 BSE -1 EARTHQUAKE
HAZARD LEVEL
I
Life Safety (LS)
Life Safety (LS)
II
, Life Safety (LS)
'Life Safety (LS)
III
Note a, Note b
Note a
IV
Immediate Occupancy (IO)
Immediate Occupancy (IO)
ORDINANCE NO. 2013-11
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Note a:
Acceptance criteria for Risk Category III shall be taken as 80 percent of the acceptance
criteria specified for Risk Category II performance levels, but need not be less than the
acceptance criteria specified for Risk Category IV performance levels.
Note b:
For Risk Category III, the ASCE screening phase checklists shall be based on the life safety
performance level.
3405.2.4.3 Referenced Standards
Standard Referenced TITLE 'Reference In Code Section 1
Number I Number
ASCE 31 -03 !Seismic Evaluation of Existing Buildings 13405.2.4.1,
TABLE 3405.2.4.1
3405.2.4.2, 1
TABLE 3405.2.4.2
ASCE 41 -06 Seismic Rehabilitation of Existing Buildings 3405.2.4.1,
including Supplement No. 1 TABLE 3405.2.4.1
3405.2.4.2,
TABLE 3405.2.4.2
CALIFORNIA BUILDING CODE APPENDIX CHAPTERS TO BE ADOPTED:
APPENDIX C - AGRICULTURAL BUILDINGS
APPENDIX F - RODENTPROOFING
APPENDIX G - FLOOD RESISTANT CONSTRUCTION (If any condition or requirements
conflicts with FEMA, FEMA conditions shall govern.)
APPENDIX I - PATIO COVERS
APPENDIX J - GRADING
AMEND SECTION J110 AS FOLLOWS:
ADD SECTION J110.3 TO READ AS FOLLOWS:
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Section J110.3 Erosion Control.
a. Erosion and Sediment Control Plan. 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.
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5. Schedule for installation of permanent erosion and sediment devices where required.
d. Season Work (October 15 to April 15).
1. For commencement of 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.
ADD SECTION J110.4 TO READ AS FOLLOWS:
Section J110.4 Dust and Mud Control Measures. Contractors performing grading operations
within the City where dry conditions or wet conditions are encountered shall adequately and
effectively control dust or mud from spreading off site or onto existing structures on site. Prior to
commencement of grading operations, contractor shall furnish details of proposed dust or mud
control measures to the Building Official for approval. Failure to control dust or mud from
grading operations shall result in suspension of grading operations until adequate measures are in
place to allow continuance.
ADD SECTION J110.5 TO READ AS FOLLOWS:
Section J110.5 Archeological Discovery. If in the course of any grading operation, any
artifacts, human remains, or substantial fossils are discovered, all grading operations shall cease,
and the discovery site shall be suitably marked and protected from further damage. A report of
such findings shall be as outlined in the Zoning Ordinance. Specifically, if human remains are
discovered, the Sheriff - Coroner and the Building Official shall be notified. If no human remains
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are discovered, but artifacts or significant fossils are discovered, the Building Official shall be
notified.
ADD SECTION J110.6 TO READ AS FOLLOWS:
Section J110.6.1. Work Stoppage. Whenever the Building Official determines that the work
does not comply with the terms of the permit or of this Ordinance Section, he or she may order
the immediate cessation of all work hereunder until such corrective measures have been
completed.
Section J110.6.2. Right of Entry. Whenever the Building Official or designated
subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion
and/or a violation of this Ordinance Section, he /she may enter such site at all reasonable times to
inspect the same, to perform any duty imposed upon him/her 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 J110.6.3. Notification of Violation. Any person found to be in violation of the
provisions of this Ordinance Section shall be required to correct the problem upon written
notification from the Building Official or designated subordinate(s). Such written notification
may require that certain conditions be adhered to in the correction of the problem. These may
include, but are not limited to, the following:
a. Use of specific erosion control techniques
b. Submittal of plans and specifications to be approved by the Community Development
Department, and any other department affected by such work, prior to the commencement of
corrective work.
c. Completion of corrective work within a specified time period.
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Section J110.6.4. Abatement of Violation. If the responsible party fails to act in response to
written notification of the Building Official, the violation may be declared a public nuisance and
be abated as required to restore the site to its original condition. Where there is an emergency
condition of erosion or sediment damaging a waterway, marsh, or other body of water, or
significant habitat or archeological site, the Building Official may have the necessary corrective
work done and bill the property owner or lien the property for repayment.
Section J110.6.5 Penalties.
Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating,
or causing or permitting the violation of any of the provisions of this Ordinance Section shall be
subject to citations and penalties set forth in the Gilroy City Code, Section 1.7, Section 6.16 and
Chapter 6A.
a) 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.
b) 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 J110.6.6 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 J110.6.7 Appeals. Any person who believes the Building Official has erred in the
technical application of this Ordinance Section may appeal such action to the Building Board of
Appeals.
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SECTION V
Section 6.7 (b) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following modifications and changes as recommended by the Building Official are
adopted to the California Residential Code, 2013 Edition, which is the 2012 International
Residential Code as amended by the State of California:
DELETE CHAPTER 1 DIVISION I AND II. REFER TO ADMINISTRATIVE PROVISIONS
OF THE 2013 CALIFORNIA BUILDING CODE, DIVISION I AND II OF CHAPTER 1 AS
AMENDED IN SECTION IV OF THIS ORDINANCE
AMEND SECTION R301.1.1 TO READ AS FOLLOWS:
DELETE ITEM 1 OF THIS SECTION.
AMEND SECTION 301.2.1.1 AS FOLLOWS:
DELETE ITEM 1 OF THIS SECTION.
AMEND TABLE R301.2 (1) AS FOLLOWS:
Ground Snow Load =NA; Wind Design Speed = 85 mph; Topographic Effects = No; Seismic
Design Category =D2; Subject to Damage from Weathering--NA; Subject to Damage from Frost
line Depth = 12 inches; Subject to Damage from Termite =Yes; Winter Design Temp =32 °F; Ice
Barrier Underlayment Required =No; Flood hazard =See Flood Zone and FEMA map; Air
Freezing Index =0; Mean Annual Temperature= 59.7°F.
AMEND SECTION R303 AS FOLLOWS:
THE TITLE FOR THIS SECTION IS AMENDED TO READ AS FOLLOWS:
LIGHT, VENTILATION, HEATING, AND SOUND TRANSMISSION
ADD SECTION R303.10 TO READ AS FOLLOWS:
8303.10 Sound transmission. For sound transmission control between attached dwelling units,
see Section 1207 of the California Building Code.
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ADD SECTION R303.11 TO READ AS FOLLOWS:
R303.11 Garage flammable vapor ventilation. In enclosed private garages attached to R
occupancies, provide 1 square foot of ventilation area located at the lower 12" of garage wall.
Said ventilation areas shall be directly communicated with the exterior, but shall not be installed
where protection of openings is required.
AMEND SECTION R313 TO READ AS FOLLOWS:
R313.1 EXCEPTION IS AMENDED AS FOLLOWS:
Exception: An automatic residential fire sprinkler system shall not be required when additions or
alterations are made to existing townhouses that do not have an automatic residential fire
sprinkler system installed unless required by the Gilroy Fire Code or 2013 California Fire Code.
8313.2 EXCEPTION IS AMENDED AS FOLLOWS:
Exception: An automatic residential fire sprinkler system shall not be required for additions or
alternatives to existing buildings that are not already provided with an automatic residential
sprinkler system unless required by the Gilroy Fire Code or 2013 California Fire Code.
AMEND FIRST PARAGRAPH AND THE EXCEPTION OF SECTION R403.1.3 TO READ AS
FOLLOWS:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories Do, D,
and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two
continuous longitudinal reinforcing bars 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.
R403.1.3 Exception: In detached one- and two- family dwellings which are three stories or less
in height and constructed with stud bearing walls, isolated plain concrete footings supporting
columns or pedestals are permitted.
AMEND FOOTNOTE OF TABLE R602.10.3 (3) TO READ AS FOLLOWS:
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ADD FOOTNOTE "e" TO THE END OF TABLE
R602.10.3(3) TO READ AS FOLLOWS:
e. In Seismic Design Categories Do, DI, and D2, Method GB is not permitted and the use
of Methods PCP, SFB, HPS is limited to one -story single family dwellings and accessory
structures.
ADD "e" FOOTNOTE NOTATION IN THE TITLE OF TABLE R602.103(3) TO READ AS
FOLLOWS:
TABLE R602.10.3(3) e
ADD SECTION 8602.10.4.4 TO READ AS FOLLOWS:
R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories Do, DI, 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 Do, DI, and
D2, the use of Method PCP is limited to one -story single family dwellings and accessory
structures.
ADDS SECTION R902.1.5 TO READ AS FOLLOWS:
R902.1.5 Roofing. Class A roof covering shall be required for all Hillside Construction.
CALIFORNIA RESIDENTIAL CODE APPENDIX CHAPTERS TO BE ADOPTED:
APPENDIX H — PATIO COVERS
APPENDIX K — SOUND TRANSMISSION
ORDINANCE NO. 2013-11
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SECTION VI
Section 6.7 (c) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following modifications and changes as recommended by the Building Official are adopted
to the California Electrical Code, 2013 Edition.
SECTION VII
Section 6.7 (d) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following modifications and changes as recommended by the Building Official are adopted
to the California Mechanical Code, 2013 Edition, which is the 2012 Uniform Mechanical Code with
California amendments:
DELETE CHAPTER 1 DIVISION I AND II. REFER TO ADMINISTRATIVE PROVISIONS
OF THE 2013 CALIFORNIA BUILDING CODE, DIVISION I AND H OF CHAPTER 1 AS
AMENDED IN SECTION IV OF THIS ORDINANCE
AMEND SECTION 1201.3.8.1 TO READ AS FOLLOWS:
1201.3.8.1. Wall thickness. 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.
SECTION VIII
Section 6.7 (e) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following modifications and changes as recommended by the Building Official are adopted
to the California Plumbing Code, 2013 Edition, which is the 2012 Uniform Plumbing Code with
California amendments and Appendix A, Appendix B, Appendix D, Appendix I, and Appendix K:
ORDINANCE NO. 2013-11
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DELETE CHAPTER 1 DIVISION I AND II. REFER TO ADMINISTRATIVE PROVISIONS
OF THE 2013 CALIFORNIA BUILDING CODE, DIVISION I AND II OF CHAPTER 1 AS
AMENDED IN SECTION IV OF THIS ORDINANCE
DELETE SECTION 604.2 EXCEPTION.
DELETE SECTION 609.3 AND AMEND TO READ AS FOLLOWS:
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.
within a chase or conduit for easy replacement to the satisfaction of the building official.
AMEND SECTION 609.4 TO READ AS FOLLOWS:
609.4 Testing. 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 or air pressure not less than 100 pound per
square inch (psi) in new water supply piping and 60 psi for existing piping system. The water
used for tests shall be obtained from a portable source of supply. The piping shall withstand the
test without leaking for a period of not less than fifteen (15) minutes.
AMEND 701.1.2.a [HCD 1 & HCD 21 TO READ AS FOLLOWS:
701.1.2.a ABS and PVC. 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.
ADD SECTION 719.1.1 TO READ AS FOLLOWS:
719.1.1 Cleanouts adjacent to property Panes. A cleanout 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 or
an approved Christy box.
Exception: If the lateral does not exceed 12 ft. from the back of the sidewalk to the building
drain clean-out, and the run must be substantially straight.
ORDINANCE NO. 2013-11
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AMEND SECTION 1208.5.3.4 TO READ AS FOLLOWS:
1208.5.3.4 Corrugated Stainless Steel. 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 CSA LC -1, Standard for Fuel
Gas Piping Systems Using Corrugated Stainless Steel Tubing. [NFPA 54;5.6.3.4]
SECTION IX
Section 6.7 (f) of Chapter 6 of the Gilroy City Code is hereby amended to read:
The following modifications and changes as recommended by the Building Official are adopted
to the 2012 International Property Maintenance Code:
The codes, standards and references in this code should be revised as follows;
Delete the following references
Insert the following code references
• International Building Code
• 2013 California Building Code & 2013 California
Residential Code
• International Mechanical Code
• 2013 California Mechanical Code
• National Electrical Code
• 2013 California Electrical Code
• International Fire Code
• 2013 California Fire Code
• International Plumbing Code
• 2013 California Plumbing Code
• International Existing Building Code
• 2013 California Existing Building Code
• International Zoning Code
• International Fuel Gas Code
• City of Gilroy Zoning Ordinance
• Name of Jurisdiction
• No reference
• Jurisdiction to insert appropriate schedule
• City of Gilroy
• Board of appeals
• Current City of Gilroy Comprehensive fee schedule
• Hearing Officer
AMEND SECTION 104.3 TO READ AS FOLLOWS:
1043 Right of entry. Where it is necessary to make an inspection to enforce the provisions of
this code, or whenever the code official has reasonable cause to believe that there exists in a
structure or upon a premises a condition in violation of this code, the code official is authorized
to enter the structure or premises at reasonable times to inspect or perform the duties imposed by
the code, provided that if such structure or premises is occupied the code official shall present
credentials to the occupant and request entry. If such structure or premises is unoccupied, the
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code official shall first make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is refused, the code
official shall have recourse to the remedies provided by law to secure entry.
Any and all costs incurred by the city in connection with securing lawful entry to a
structure or premise including but not limited to, costs of investigation, staffing costs incurred in
the preparation of warrants, and all subsequent costs necessary to enforce compliance with the
provisions of this Code may be recovered including late payment charges and costs of collection
by use of any and all available legal means.
AMEND SECTION 106.1 TO READ AS FOLLOWS:
106.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person,
firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any premise, building, structure or building service
equipment, or cause or permit the same to be done in violation of this code or the technical
codes.
AMEND SECTION 107.4 TO READ AS FOLLOWS:
107.4 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the
code official shall not be mutilated, destroyed, tampered with, or removed without authorization
from the code official. Any person violating this subsection shall be guilty of a misdemeanor.
ADD SECTION 107.7 TO READ AS FOLLOWS:
107.7 Recordation of Notices and Orders. If compliance is not achieved with the order within
the time specified therein, and no appeal has been properly and timely filed, the code official is
authorized to file in the office of the county recorder a certificate describing the property and
certifying (i) that the premise, building, structure or building service equipment is in violation of
this code or the technical codes and (ii) that the owner has been so notified. Whenever the
corrections ordered shall thereafter have been completed and the violations no longer exist on the
property described in the certificate, the building official shall file a new certificate with the
county recorder certifying that all required corrections have been made.
ORDINANCE NO. 2013-11
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AMEND SECTION 108.1 TO READ AS FOLLOWS:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or
when a structure is found unfit for human occupancy, or is found unlawful, such structure shall
be
posted in accordance with this section and declared to be a public nuisance and the violations
shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this
code.
AMEND SECTION 108.1.4 TO READ AS FOLLOWS:
108.1.4 Unlawful structure. An unlawful structure is; one found in whole or in part to be
occupied by more persons than permitted under this code, or was erected, altered, occupied or
maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon
which work is abandoned. Work is deemed abandoned when there is no valid building or
demolition permit.
AMEND SECTION 108.2 AS FOLLOWS:
DELETE THE WORD: "of condemnation" in this section.
AMEND SECTION 108.3 TO READ AS FOLLOWS:
108.3 Notice. Whenever the code official posts a structure, equipment or premise under the
provisions of this section, the posting shall be in a conspicuous place in or about the affected
structure, equipment or premise and a notice in the form specified in Section 107.2 shall be
served on the owner or person or persons responsible for the structure, equipment or premise. If
the posting pertains to equipment, it shall also be placed on the equipment.
AMEND SECTION 108.4 TO READ AS FOLLOWS:
108.4 Placarding. When the code official determines a structure, equipment or premise has been
erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged,
converted or demolished, equipped, used, occupied or maintained in violation of this code or the
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technical codes and the structure, equipment or premise constitutes a danger to the life, limb,
property or safety of the public or the occupants, the code official shall post a placard on the
structure, equipment or premise in a conspicuous place in or about the affected structure,
equipment or premise. The placard shall clearly state the code official's Order regarding the
structure, equipment or premise, and specify the conditions which necessitated the posting.
AMEND SECTION 108.4.1 TO READ AS FOLLOWS:
108.4.1 Placard removal. The code official shall remove the placard whenever the defect or
defects upon which the placarding action was based has been eliminated. Any person who
defaces or removes a placard without the approval of the code official shall be subject to the
penalties provided by this code.
AMEND Section 108.5 TO READ AS FOLLOWS:
108.5 Prohibited occupancy. It shall be unlawful for any person, owner, or person responsible
for the premise to occupy or allow to be occupied a placarded structure or premise or operate
placarded equipment in violation of the code officials posted order.
AMEND SECTION 111.1 TO READ AS FOLLOWS:
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 of this code do not fully apply, or the requirements of this code are adequately
satisfied by other means.
DELETE SECTION 111.2 THROUGH SECTION 111.6.2
AMEND SECTION 112.4 TO READ AS FOLLOWS:
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112.4 Failure to comply. Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be
liable for penalties pursuant to Gilroy City Code Sec 1.7.
AMEND SECTION 202 AS FOLLOWS:
AMEND GENERAL DEFINITIONS AS FOLLOWS:
GARBAGE. Garbage shall be defined pursuant to Gilroy City Code Sec. 12.1.
INOPERABLE MOTOR VEHICLE A vehicle which cannot be driven upon the public streets
for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of
disrepair, incapable of being moved under its own power or is prohibited from being operated on
a public street or highway for any reason pursuant to the provisions of the California Vehicle
Code.
RUBBISH. Rubbish shall be defined pursuant to Gilroy City Code Sec. 12.1.
ADD THE FOLLOWING DEFINITION:
TEMPORARY shall mean buildings or facilities intended for use at one location for not more
than one year for the purpose of this code only.
AMEND SECTION 302.1 TO READ AS FOLLOWS:
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. The owner
of any building lot or premises within the City where a business, trade or profession has
established a fixed place of business pursuant to Gilroy City Code Section 13.1(b) shall also
comply with the requirements of Gilroy City Code Section 5B.2(d)(1).
ORDINANCE NO. 2013-11
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AMEND SECTION 302.2 TO READ AS FOLLOWS:
302.2 Grading and drainage. All premises shall be graded and maintained to prevent the
erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure
located thereon. Excess or concentrated drainage shall be contained on site or directed to the
nearest practicable drainage facility approved by the code official.
Exception: Approved retention areas and reservoirs.
AMEND SECTION 302.3 AND ADD THE FOLLOWING PARAGRAPH TO READ AS
FOLLOWS:
The owner of any building, lot or premises within the city shall maintain the sidewalks and/or
walkways located upon such premises that are accessible to the general public and the public
sidewalks between such premises and any adjacent public street or alley in a clean, safe and
sanitary condition. Maintenance shall include the removal and proper disposal, by methods
approved by the City of Gilroy, of any unsightly and unsanitary conditions such as
accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items,
which have been dropped or spilled upon the sidewalks. Where said unsightly or unsanitary
conditions have been created or caused by the owner of such building, lot or premises, whether
upon the sidewalks and/or walkways located upon his premises or the public sidewalks between
such premises and any adjacent public street or alley, or the sidewalks adjacent to buildings, lots
or premises in the vicinity, the owner shall immediately restore the sidewalks and/or walkways
to a clean, safe and sanitary condition.
AMEND SECTION 302.4 TO READ AS FOLLOWS:
302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or control of
any building, lot or premises within the city shall permit excess weeds to remain or accumulate
upon such premises or upon public sidewalks or streets or alleys between such premises and the
ORDINANCE NO. 2013-11
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centerline of any public street or alley. All noxious weeds shall be prohibited. Weeds shall be
defined per Gilroy City Code Section 12.45.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds
after service of a notice of violation, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the City of Gilroy. Upon failure to comply with the notice of
violation, any duly authorized employee of the City or contractor hired by the city shall be
authorized to enter upon the property in violation and cut and destroy the weeds growing
thereon, and the costs of such removal shall be paid by the owner or agent responsible for the
property.
AMEND SECTION 302.8 EXCEPTION TO READ AS FOLLOWS:
302.8 Exception: An owner, lessee, or occupant of the property may repair, wash, clean, or
service personal property, provided they comply with Gilroy Zoning Ordinance and City Codes
requirements.
AMEND THE FIRST SENTENCE OF SECTION 303.2 TO READ AS FOLLOWS:
303.2 Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs,
spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely
surrounded by a fence or barrier at least 60 inches (1524 mm) in height above the finished
ground level measured on the side of the barrier away from the pool.
AMEND THE LAST SENTENCE OF SECTION 303.2 TO READ AS FOLLOWS:
No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that
reduces its effectiveness as a safety barrier.
DELETE SECTION 304.3
AMEND SECTION 304.14 TO READ AS FOLLOWS:
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
ORDINANCE NO. 2013-11
43
included or utilized in food for human consumption are processed, manufactured, packaged or
stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16
mesh per 25mm), and every screen door used for insect control shall have a self - closing in good
working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or
insect repellent fans, are employed.
AMEND SECTION 304.15 TO READ AS FOLLOWS:
304.15 Doors. All exterior doors, door assemblies including weather stripping, thresholds and
hardware shall be maintained in good condition. Locks at all entrances to dwelling units and
sleeping units shall be tightly secure the door. Locks on means of egress doors shall be in
accordance with Section 702.3.
AMEND SECTION 304.16 TO READ AS FOLLOWS:
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 2013 CBC 1203.3.1
AMEND SECTION 304.18.2 TO READ AS FOLLOWS:
304.18.2 Windows. Operable windows located in whole or in part within 12 feet 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. Vacant/abandoned buildings shall provide internal window coverings to prevent viewing
of the building interior.
AMEND SECTION 308.3.1 TO READ AS FOLLOWS:
308.3.1 Garbage facilities. The owner of every dwelling shall be responsible for providing an
approved leak- proof, covered, outside garbage receptacle for each dwelling unit pursuant to
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44
Gilroy City Code Section 12.18. Receptacles shall be placed in the proper area for collection the
evening prior to collection and shall be removed and stored in the side yard adjacent to the house
or garage the morning after. Where the code official repeatedly finds a site in violation of Gilroy
City code section 5B.2(2) or 5C.7 he or she may require the property owner to provide additional
or larger outside garbage container for the dwelling unit to use.
AMEND SECTION 309.1 TO READ AS FOLLOWS:
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 premise to
hire a licensed exterminator or other qualified professional to inspect the building, lot or premise
and provide a written report verifying the presence and severity of such 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.
AMEND SECTION 309.2 TO READ AS FOLLOWS:
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 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 ". For as long as the occupants failure either substantially causes an unlivable condition
to occur, or substantially interferes with the owners ability to repair the condition, the owner
18)2 oil 2 W181PIOUS11
45
does not have to repair the condition. Where the infestation is caused by defects in the structure,
the owner shall be responsible for extermination.
DELETE SECTION 309.3 THROUGH SECTION 309.5
AMEND SECTION 505.4 TO READ AS FOLLOWS:
505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained
and capable of providing an adequate amount of water to be drawn at every required sink,
lavatory, bathtub, shower and laundry facility at a minimum temperature of 1100° F (43 °C). A
gas- burning water heater shall not be located in any bathroom, toilet room, bedroom or other
occupied room normally kept closed, unless
the installation complies with Chapter 5 of the 2013 California Plumbing Code and Section
904.0 of the 2013 California Mechanical Code. An approved combination temperature and
pressure- relief valve discharge pipe shall be properly installed and maintained on water heaters.
AMEND SECTION 602.2 TO READ AS FOLLOWS:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of
maintaining a room temperature of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet
rooms at a point 3 feet above the floor and 2 feet from exterior walls. Cooking appliances or
fireplaces shall not be used, nor shall portable space heaters be used, as a means to provide
required heating.
AMEND SECTION 602.3 TO READ AS FOLLOWS:
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat to maintain a minimum temperature of 680F (20 °C) in all
habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required provided that
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the heating system is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be 32 °F.
DELETE SECTION 602.4
AMEND SECTION 604.3 TO READ AS FOLLOWS:
604.3 Electrical system hazards. Where it is found that the electrical system in a structure
constitutes a hazard to the occupants or the structure by reason of inadequate service, improper
fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the
improper use of extension cords as permanent wiring, deterioration or damage, or for similar
reasons, the code official shall require the defects to be corrected to eliminate the hazard.
AMEND SECTION 702.1 TO READ AS FOLLOWS:
702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any
point in a building or structure to the public way. Means of egress shall comply with the
California Building and Fire 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 2013 California Building Code (Volume 1 & 2)
B. The 2013 California Residential Code
C. The 2013 California Electrical Code
D. The 2013 California Mechanical Code
ORDINANCE NO. 2013-11
47
E. The 2013 California Plumbing Code
F. The 2013 California Energy Code
G. The 2013 California Historical Building Code
H. The 2013 California Existing Building Code with Appendices A1, A2, A3,
A4 and A5 of the 2012 International Existing Building Code
I. The 2013 Green Building Standards Code
J. The 2012 International Property Maintenance Code with Appendix A
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. One copy of each construction code is kept in the
office of the Chief Building Official.
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
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 any one or more sections, subsections, sentences, clauses or phrases may be declared invalid
or unconstitutional.
SECTION XIII
This Ordinance including the Codes and amendments to the Codes adopted hereunder shall be in full
force and effect on January 1, 2014.
ORDINANCE NO. 2013-11
48
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 18th day of
November 2013, by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, LEROE- MUNOZ, TUCKER,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO
ATTES
Freels, City Clerk
APPROVED:
l
Donald Gage, Mayor U 61
ORDINANCE NO. 2013-11
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -11 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 18'' day of November, 2013, 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 20'h day of November, 2013.
City Clerk of the City of Gilroy
(Seal)