Ordinance No. 2022-10 | Building Code Adoption | Adopted 11/21/2022ORDINANCE NO. 2022-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 6.1, 6.6, AND 6.7 OF
CHAPTER 6 OF THE GILROY MUNICIPAL CODE
ADOPTING BY REFERENCE THE 2022 CALIFORNIA
BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL
CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022
CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE,
2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022
CALIFORNIA EXISTING BUILDING CODE, 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE,
AND 2021 INTERNATIONAL SWIMMING POOL AND SPA
CODE, WITH AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted and published an
updated Title 24 of the California Code of Regulations, also referred to as the 2022 California
Building Standards Code, that will become effective statewide on January 1, 2023; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7, and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and
18941.5 permit a city to make such local amendments and modifications as the city determines are
reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Gilroy has reviewed and intends to adopt the 2022 California
Building Standards Code; and
WHEREAS, the City Council wishes to amend portions of the California Building
Standards Code to better address local conditions and makes express findings that such
amendments are reasonably necessary because of local climatic, geological or topographical
conditions as set forth in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
Ordinance No. 2022-10
Building Code Adoption
City Council Regular Meeting | November 21, 2022
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SECTION I
The City Council has duly considered the full record before it, which may include but is not limited
to the staff report, testimony by staff and the public, and other materials and evidence submitted
or provided to the City Council. Furthermore, the recitals set forth above are found to be true and
correct and are incorporated herein by reference.
SECTION II
The City Council hereby finds and determines that this Ordinance has been assessed in accordance
with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”)
and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt
from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project
where it can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment. Adoption of the proposed Ordinance would not be an
activity with potential to cause significant effect on the environment because the changes made to
the California Building Standards Code within are enacted to mitigate the threats posed to public
peace, health and safety from earthquakes, storms, floods, high winds and fire, and therefore is
exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the
Ordinance in question may have a significant effect on the environment; accordingly, the
Ordinance is categorically exempt from CEQA.
SECTION III
Section 6.1 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
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, relocation,
demolition, conversion, occupancy, equipment, use, height, area and maintenance of buildings and
structures in the city, providing for the issuance of permits and collection of fees therefor and
provisions for the violation thereof, the following construction codes are adopted, as amended, to
apply in the City of Gilroy:
(a) 2022 California Building Code;
(b) 2022 California Residential Code;
(c) 2022 California Electrical Code;
(d) 2022 California Mechanical Code;
(e) 2022 California Plumbing Code;
(f) 2022 California Energy Code;
(g) 2022 California Historical Building Code;
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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(h) 2022 California Existing Building Code;
(i) 2021 International Property Maintenance Code;
(j) 2021 International Swimming Pool and Spa Code;
(k) 2022 California Green Building Standards Code;
(l) 2022 California Fire Code.
SECTION IV
Section 6.6 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
6.6 Adoption.
1. This article shall be known and cited as the Gilroy Building Safety Code.
2. The following Codes are hereby adopted by reference for the City of Gilroy:
(a) The 2022 California Building Code, published by the International Code Council, Inc. and
the California Building Standards Commission in Part 2 of Title 24 of the California Code
of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The adoption
includes Appendix J. Amendments, if any, are set forth in Section 6.7(a). The 2022
California Building Code shall be designated and referred to as the "Building Code" for
the City of Gilroy. There is one copy of said Code on file in the office of the Building
Official for use and examination by the public.
(b) The 2022 California Residential Code, published by the International Code Council, Inc.
and the California Building Standards Commission in Part 2.5 of Title 24 of the California
Code of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The adoption
includes Appendix K. Amendments, if any, are set forth in Section 6.7(b). The 2022
California Residential Code shall be designated and referred to as the "Residential Code"
for the City of Gilroy. There is one copy of said Code on file in the office of the Building
Official for use and examination by the public.
(c) The 2022 California Electrical Code, published by the National Fire Protection Agency
and the California Building Standards Commission in Part 3 of Title 24 of the California
Code of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The adoption
includes Annexes A, B, C, D, and F. Amendments, if any, are set forth in Section 6.7(c).
The 2022 California Electrical Code shall be designated and referred to as the “Electrical
Code” for the City of Gilroy. There is one copy of said Code on file in the office of the
Building Official for use and examination by the public.
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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(d) The 2022 California Mechanical Code, published by the International Association of
Plumbing and Mechanical Officials and the California Building Standards Commission in
Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred to,
and by this reference expressly incorporated and made a part of this Chapter as though fully
set forth herein. Amendments, if any, are set forth in Section 6.7(d). The 2022 California
Mechanical Code shall be designated and referred to as the "Mechanical Code" for the City
of Gilroy. There is one copy of said Code on file in the office of the Building Official for
use and examination by the public.
(e) The 2022 California Plumbing Code, published by the International Association of
Plumbing and Mechanical Officials and the California Building Standards Commission in
Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to,
and by this reference expressly incorporated and made a part of this Chapter as though fully
set forth herein. The adoption includes Appendices A, B, C, D, I, and M. Amendments , if
any, are set forth in Section 6.7(e). The 2022 California Plumbing Code shall be designated
and referred to as the “Plumbing Code” for the City of Gilroy. There is one copy of said
code on file in the office of the Building Official for use and examination by the public.
(f) The 2022 California Energy Code, published by the International Code Council, Inc. and
the California Building Standards Commission in Part 6 of Title 24 of the California Code
of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The adoption
includes Appendices 1-A and 1-B. Amendments, if any, are set forth in Section 6.7(f). The
2022 California Energy Code shall be designated and referred to as the “Energy Code” for
the City of Gilroy. There is one copy of said Code on file in the office of the Building
Official for use and examination by the public.
(g) The 2022 California Historical Building Code, published by the International Code
Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of
the California Code of Regulations, is hereby adopted and referred to, and by this reference
expressly incorporated and made a part of this Chapter as though fully set forth herein.
Amendments, if any, are set forth in Section 6.7(g). The 2022 California Historical
Building Code shall be designated and referred to as the “Historical Building Code” for the
City of Gilroy. There is one copy of said Code on file in the office of the Building Official
for use and examination by the public.
(h) The 2022 California Existing Building Code, published by the International Code Council,
Inc. and the California Building Standards Commission in Part 10 of Title 24 of the
California Code of Regulations, is hereby adopted and referred to, and by this reference
expressly incorporated and made a part of this Chapter as though fully set forth herein. The
adoption includes Appendices A1, A2, A3, and A5. Amendments, if any, are set forth in
Section 6.7(h). The 2022 California Existing Building Code shall be designated and
referred to as the “Existing Building Code” for the City of Gilroy. There is one copy of
said Code on file in the office of the Building Official for use and examination by the
public.
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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(i) The 2021 International Property Maintenance Code, published by the International Code
Council, Inc., is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The adoption
includes Appendix A. Amendments, if any, are set forth in Section 6.7(i). The 2021
International Property Maintenance Code shall be designated and referred to as the
"Property Maintenance Code" for the City of Gilroy. There is one copy of said Code on
file in the office of the Building Official for use and examination by the public.
(j) The 2021 International Swimming Pool and Spa Code, published by the International Code
Council, Inc., is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. Amendments,
if any, are set forth in Section 6.7(j). The 2021 International Swimming Pool and Spa Code
shall be designated and referred to as the "Swimming Pool and Spa Code" for the City of
Gilroy. There is one copy of said Code on file in the office of the Building Official for use
and examination by the public.
SECTION V
Pursuant to California Health and Safety Code Sections 17958. 7 and 18941.5, the City Council
hereby finds that the amendments are reasonably necessary due to local climatic, geological or
topographical conditions as set forth below.
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 conditions.
(a) The region is located in an area of hi gh 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
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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building systems as a contributing factor to damages that reduced the protection of
the life-safety of building occupants and increased the cost of rehabilitati on of
structures. This reason is hereinafter referred to as “Geological II.”
3. Many of the modifications or changes are reasonably necessary because of the following
topographical conditions.
(a) 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. This reason is hereinafter referred to as “Topographical I”
(b) Portions of the City are in hillside areas with extensive hillside construction that is
prone to erosion. This reason is hereinafter referred to as “Topographical II”.
4. Some of the modifications or changes are reasonably necessary because of other climatic,
geological or topographical conditions.
SECTION VI
Section 6.7 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
6.7 Amendments.
(a) Amendments to the Building Code
(1) Amend Section 1.8.4.2 to read as follows:
1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy
Comprehensive Fee Schedule.
Reason for amendment: The City adopts the Comprehensive Fee Schedule annually. All
Building and development fees shall be assessed in accordance with the most current and
adopted Comprehensive Fee Schedule.
(2) Amend Section 105.7 to read as follows:
105.7 Placement of Permit. The building permit, along with all plans and
documentation approved by the building official, shall be kept on the site of the work
until final approval has been granted by the building official.
Reason for amendment: Clarifies that the approved plans and documentations are at the job
site for the inspector and contractor to follow.
(3) Amend Section 109.2 to read as follows:
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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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 by the adopted current adopted City of Gilroy Comprehensive Fee
Schedule.
Reason for amendment: The City Council reviews and adopts the City of Gilroy
Comprehensive Fee Schedule. All Building and development fees shall be assessed in
accordance with the most current and adopted Comprehensive Fee Schedule.
(4) 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 approved by the city council.
Reason for amendment: The City Council reviews and adopts the City of Gilroy
Comprehensive Fee Schedule. All Building and development fees shall be assessed in
accordance with the most current and adopted Comprehensive Fee Schedule. Doubling the
permit fee is a standard procedure from prior practice and adopted codes.
(5) Add Section 109.7 to read as follows:
109.7 Plan review fees. When a plan review requires a plan checking fee, the fee shall
be paid at the time of submitting plans, calculation and specifications for checking.
When submittal documents are incomplete or changed so as to require additional plan
review or when the project involves deferred submittal items an additional plan review
fee may 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.
Reason for amendment: Provides clarification of when plan review fees are paid and
maintains consistency with prior adopted code cycles that additional fees may be charged
as deemed necessary by the Building Official at an hourly rate as established in the most
current and adopted Comprehensive Fee Schedule.
(6) 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 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.
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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Reason for amendment: The building official amends and adds this new section to require
that the inspection card be available at the job site. The inspection card contains inspection
description and building inspector signoff information to allow the inspector to follow
through on each permit.
(7) Amend Section 402.5 as follows:
Delete exception.
Reason for amendment: Geological I and II
(8) Amend Section 403.3 as follows:
Delete exception.
Reason for amendment: Geological I and II
(9) Amend Section 404.3 as follows:
Delete all exceptions.
Reason for amendment: Geological I and II
(10) Amend Section 410.6 as follows:
Delete all exceptions.
Reason for amendment: Geological I and II
(11) Amend Section 903.2 to read as follows:
903.2 Where Required. Approved Automatic sprinkler system in new and existing
buildings and structures shall be provided in the locations as set forth in the Gilroy Fire
Code and the California Fire Code. If any conflicts occur between the California
Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall prevail.
Reason for amendment: Amending the Code to explicitly express that if any conflicts occur
between the California Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall
prevail.
(12) Amend Section 1505.1.3 to read as follows:
1505.1.3 Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing
requirements for structures located in a Wildland-Urban Interface Fire Area shall
comply with Section 705A. The entire roof covering of every existing structure where
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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more than 50 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire-
retardant roof covering that is at least Class A.
Reason for amendment: Amending the Code to require that the roof covering for structures
in the hillside area is a minimum Class A, and this is necessary due to the climatic
conditions of the area. The hillside area has a long history of high winds, with an associated
higher risk of accelerated and more significant structure damage and higher potential for
related casualties.
(13) Add Section 1505.1.4 to read as follows:
1505.1.4 Roofing. Class A roof covering shall be required for all Hillside Construction.
Reason for amendment: Amending the Code to require that the roof covering for structures
in the hillside area is a minimum Class A, and this is necessary due to the climatic
conditions of the area. The hillside area has a long history of high winds, with an associated
higher risk of accelerated and more significant structure damage and higher potential for
related casualties.
(14) Amend Section 1705.3 Exception 1 to read as follows:
1. Isolated spread concrete footings of buildings three stories or less above grade plane
that are fully supported on earth or rock, where the structural design of the footing is
based upon a specified compressive strength, f’c , no greater than 2,500 pounds per
square inch (psi) (17.2 MPa).
Reason for amendment: Amending the Code to require special inspection for isolated
spread concrete footings of buildings of three stories or less where the structural design of
the footing is based upon a specified compressive strength of concrete greater than 2,500
psi, and this is necessary due to expansive (clay) soils and seismic activity common to this
geological area.
(15) Amend Section 1808.1 by adding the following to the end of the section to read as follows:
All new foundations for building additions to R-3 occupancies shall be of the same type
of foundation system as the existing structure, unless the foundation system is designed,
and plans, calculations, and specifications are prepared, stamped and signed, by a
California licensed engineer or architect.
Reason for amendment: Amending the Code to require all new foundations for building
additions to R-3 occupancies shall be of the same type of foundation system as the existing
structure, unless the foundation system is designed, and plans, calculations, and
specifications are prepared, stamped and signed, by a California licensed engineer or
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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architect, and this is necessary due to expansive (clay) soils and seismic activity common
to this geological area.
(16) Adopt the following Appendix:
Appendix J - Grading
(17) Add subsections to Section J110 Erosion Control to read as follows:
J110.3 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.
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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d. Season Work (October 15 to April 15).
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.
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.
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 are discovered, but artifacts or
significant fossils are discovered, the Building Official shall be notified.
J110.6 Administration and Enforcement.
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, they may
order the immediate cessation of all work hereunder until such corrective measures
have been completed.
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, they may enter such site at all reasonable times
to inspect the same, to perform any duty imposed upon them by this Ordinance Section;
providing that if such premises are occupied, they shall first present proper credentials
and request entry, and if the premises are found to be unoccupied, they 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 entr y is refused or the owner or person having
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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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.
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.
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.
J110.6.5 Penalties.
a) Any person, whether as principal, agent, employee or otherwise, or firm or
corporation violating, or causing or permitting the violation of any of the 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.
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.
J110.6.6 Enforcement. The Building Official and or their 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.
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Building Code Adoption
City Council Regular Meeting | November 21, 2022
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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.
Reason for amendment: Geological II.
(b) Amendments to the Residential Code
(1) Adopt the following Appendix:
Appendix K – Sound Transmission
(c) Amendments to the Electrical Code
(1) Amend Section 230.2 by adding subsection (F) to read as follows:
230.2(F). Underground Service. All new electrical services shall be underground and
installed per Section 230.30, Underground Service-Lateral Conductors. In existing
commercial and industrial areas, existing overhead utilities shall be placed
underground in connection with new development. In existing residential areas of the
city in which development has occurred with overhead utilities in or along the frontage
of properties, existing utilities shall be placed underground in connection with the
development or redevelopment of property consisting of four (4) or more dwelling
units.
Reason for amendment: Section is amended to require undergrounding for new electrical
services. Section is also amended to remain consistent with the Gilroy Municipal code
Chapter 21 Section 21.114 titled Undergrounding required with new streets and
development. Many buildings in Gilroy are located in high wind areas. Due to this local
climatic condition, amending the Code to provide for elimination of overhead services that
are inherently less safe in the event of windstorms will provide a higher level of safety.
(2) Amend Section 230.70(A) by adding subsection (4) to read as follows:
(4) Main Service Disconnect Location. The building main service disconnect and/or
disconnects shall be installed on the first-floor level of the building, in accordance with
230.70(A)(l), (A)(2), and (A)(3).
Reason for amendment: Quick access to the buildings main service disconnect is critical
for emergency services. This amendment provides a quicker means of finding the location
of the main power disconnects to buildings in the event of seismic events and other
emergencies. This critical as Gilroy is located in an area of high seismic activities.
(3) Amend Section 250.50 by adding subsection (A) to read as follows:
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City Council Regular Meeting | November 21, 2022
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Main 250.50(A). Grounding System in New Buildings. Grounding electrode systems
in all new buildings shall be an electrode encased by at least 50 mm (two inches) of
concrete, located horizontally near the bottom or vertically, and within that portion of
a concrete foundation or footing that is in direct contact with earth. The electrode shall
consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not
less than 13 mm (½ inch) diameter or consisting of at least 6.0 m (20 feet) of bare
copper conductor not smaller than 4 AWG. The connection side of this concrete -
encased electrode shall be located remotely away from the main electrical service
equipment.
Reason for amendment: Amending the Code allows significantly higher assurances that the
grounding of the building electrical system will not deteriorate and fail due to the properties
of local soils. Other types of grounding, such as rods, maybe subject to deterioration in
local soils, whereas an encased electrode will not be in contact with the soils.
Providing a concrete-encased electrode enhances the capability of keeping electrical
systems grounded, which is important for electrical services in the City of Gilroy.
(4) Adopt the following Annex:
Annex A – Product Safety Standards
Annex B – Application Information for Ampacity Calculation
Annex C – Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture
Wires of the Same Size
Annex D – Examples
Annex F – Availability for Critical Operations Power Systems; and Development and
Implementation of Functional Performance Tests (FPTs) for Critical Operations Power
Systems
(d) Amendments to the Mechanical Code
(1) Adopt no amendments.
(e) Amendments to the Plumbing Code
(1) Amend Section 604.3 to read as follows:
604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for potable water
piping shall have a weight of not less than type “L”.
Reason for amendment: Most of the surface soils in the Santa Clara Valley is 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) Add Section 719.1.1 to read as follows:
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719.1.1 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 listed and labeled
box.
Exception: If the lateral does not exceed 12 ft. from the back of sidewalk to the building
drain clean-out, the run must be substantially straight.
Reason for amendment: This amendment is to comply with City of Gilroy sewer standard
SWR-5B.
(3) Adopt the following Appendix:
Appendix A – Recommended Rules for Sizing the Water Supply System
Appendix B – Explanatory Notes on Combination Waste and Vent Systems
Appendix C – Alternate Plumbing Systems
Appendix D – Sizing Storm Water Drainage Systems
Appendix I – Installation Standards
Appendix M – Peak Water Demand Calculator
(f) Amendments to the Energy Code
(1) Adopt the following Appendix:
Appendix 1-A – Standards and Documents Referenced in the Energy Code
Appendix 1-B – Energy Commission Documents Incorporated by Reference in Their
Entirety
(g) Amendments to the Historical Building Code
(1) Adopt no amendments.
(h) Amendments to the Existing Building Code
(1) Adopt the following Appendix:
Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry Bearing
Wall Buildings
Appendix A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings with Flexible Diaphragms
Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple Walls and
Sill Plate Anchorage of Light, Wood-Frame Residential Buildings
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Appendix A5 – Referenced Standards
(i) Amendments to the Property Maintenance Code
(1) The codes, standards, and references in this code shall be revised as follows:
Delete the following references Insert the following references
International Building Code
International Mechanical Code
National Electrical Code
International Fire Code
International Plumbing Code
International Existing Building Code
International Residential Code
International Energy Conservation Code
International Green Construction Code
International Zoning Code
International Fuel Gas Code
Name of Jurisdiction
Jurisdiction to insert appropriate schedule
Board of appeals
2022 California Building Code
2022 California Mechanical Code
2022 California Electrical Code
2022 California Fire Code
2022 California Plumbing Code
2022 California Existing Building Code
2022 California Residential Code
2022 California Energy Code
2022 California Green Building Standards Code
City of Gilroy Zoning Ordinance
No reference
City of Gilroy
City of Gilroy Comprehensive Fee Schedule
Hearing Officer
(2) Amend Section 102.4 to read as follows:
102.4 Existing remedies. The provisions in this code shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or agencies relating to the
correction of any code violation or the removal or demolition of any structure that is
dangerous, unsafe, or insanitary.
Reason for amendment: To be consistent with Municipal Code Section 5B.9.
(3) Amend Section 105.3 by adding the following to the end of the section to read as follows:
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.
Reason for amendment: To clarify the process of cost recovery where the Right of Entry
for inspection of a premise or structure is refused.
(4) Amend Section 107.1 to read as follows:
107.1 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 20 days
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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.
Reason for amendment: Gilroy Municipal Code Chapter 6A has already established an
appeal process through the Administrative Hearing Officer.
(5) Delete Section 107.2 Limitations of authority through Section 108.1 Membership of
board.
Reason for amendment: Gilroy Municipal Code Chapter 6A has already established an
appeal process through the Administrative Hearing Officer.
(6) Amend Section 109.1 to read as follows:
109.1 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.
Reason for amendment: To agree with 2022 California Building Code Sec. 114.1
(7) Amend Section 109.5 by adding the following to the end of the section to read as follows:
Procedures used and actions taken to correct or abate violations are not limited by this
code. Procedures used and actions taken under this code may be utilized in conjunction
with or in addition to any other procedure applicable to the regulation of buildings or
structures or property.
Reason for amendment: To be consistent with Municipal Code Section 5B.9.
(8) Amend Section 111.1 to read as follows:
111.1 Unsafe conditions. 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.
Reason for amendment: The section focused on condemnation only. It has been revised to
more closely follow the language from Section 202 of the 1997 Abatement of Dangerous
Buildings Code.
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(9) Amend Section 111.1.4 to read as follows:
111.1.4 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.
Reason for amendment: Incorporated portions of 1997 Abatement of Dangerous Buildings
Code Section 302 (18).
(10) Amend Section 111.1.5 by adding the following paragraph to the end of the Section:
12. Whenever exterior walls or other vertical structural members list, lean or buckle
to such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one third of the base.
Reason for amendment: Section 302 (10) of the 1997 Abatement of Dangerous Buildings
Code clearly establishes this method to determine when a building or its structural elements
are excessively and/or dangerously leaning.
(11) Amend Section 111.2 by deleting the words “of condemnation”:
Reason for amendment: The section referenced posting the structure for condemnation
only; however, we post several different types of placards.
(12) Amend Section 111.5 to read as follows:
111.5 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.
Reason for amendment: To include the terms “Notices” and “Placards” referenced in 2021
IPMC 111.4 & 111.7 and comply with 1997 Uniform Housing Code Sec. 1104.2 and 1997
Abatement of Dangerous Buildings Code Section 404.1.
(13) Amend Section 111.7 to read as follows:
111.7 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 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
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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.
Reason for amendment: The section focused on posting structures or equipment for
condemnation only; however, we use several different types of postings.
(14) Amend Section 111.7.1 to read as follows:
111.7.1 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.
Reason for amendment: The section focused on posting structures or equipment for
condemnation only; however, we use several different types of placards/postings.
(15) Amend Section 111.8 to read as follows:
111.8 Prohibited occupancy. It shall be unlawful for any person, owner, owner’s
authorized agent 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.
Reason for amendment: The section focused on posting structures or equipment for
condemnation only; however, we use several different types of posting.
(16) Add Section 111.10 to read as follows:
111.10 Recordation of Notices and Orders. If compliance with the order is not
achieved 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 that the premise, building, structure or
building service equipment is in violation of this code or the technical codes or other
regulation applicable to buildings or structures or property. Whenever the ordered
corrections have been completed and the violations no longer exist on the property
described in the certificate, and when all fines, fees, penalties, and incurred costs
associated with the property have been satisfied, the code official shall issue a new
certificate certifying that all required corrections have been made.
Reason for amendment: To comply with the recordation guidelines in the 1997 Abatement
of Dangerous Buildings Code Section 402.
(17) Amend Section 202 definition for Dwelling Unit to read as follows:
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DWELLING UNIT. A single unit, whether part of a multiple unit complex, or a
detached individual residential dwelling, that provides complete independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. “Recreational vehicles” as defined by Gilroy
Zoning Ordinance Section 30.2.20 shall not be used or classified as Dwelling Units
and must at all times be stored with pop-outs closed and utilities disconnected in
compliance with Gilroy Zoning Ordinance Section 30.33, unless they are located in
an approved mobile home park or RV park.
Reason for amendment: To clarify that recreational vehicles are not dwelling units for the
purposes of this code.
(18) Amend Section 202 definition for Garbage to read as follows:
GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code Section
12.1.
Reason for amendment: Gilroy Municipal Code Section 12.1 has already defined this term.
(19) Amend Section 202 definition for Inoperable Motor Vehicle to read as follows:
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the
public streets for reasons 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.
Reason for amendment: To include the intent of Gilroy Municipal Code Sec. 5C.8(b) and
Sec. 15.111.
(20) Amend Section 202 definition for Rubbish to read as follows:
RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code Section
12.1.
Reason for amendment: Gilroy Municipal Code Section 12.1 has already defined this term.
(21) Amend Section 301.3 by adding the following paragraph to the end:
The storage of any motor vehicle, special mobile equipment, truck, boat, travel trailer,
aircraft, camper, mobile home, recreational vehicle, motorcycle, appliance, furniture
or the storage or accumulation of garbage, refuse or rubbish as defined by Gilroy
Municipal Code Chapter 12 or the storage of any boxes or similar storage containers,
household items or residential belonging or similar objects, materials of any kind or
the storage or placement of any building or structure including permit exempt storage
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buildings or structures, on any vacant parcel without approval of the City of Gilroy
is prohibited.
Reason for amendment: To clarify uses and activities that are not allowed on vacant
parcels.
(22) Amend Section 302.1 to read as follows:
302.1 Sanitation. Exterior property areas and premises shall be maintained by the
property owner in a clean, safe, and sanitary condition. In residential zones,
accumulations of building materials, junk, rubbish, garbage, debris, scrap materials,
boxes or similar storage containers, household items or residential belonging or
similar objects, except items designed for exterior use such as lawn furniture, shall
not be stored or maintained in the front yard area or unenclosed patios, porches,
carports, or areas visible from any street or public way or accessible to the public for
a period of time in excess of seventy-two consecutive hours. Property owners 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 Municipal Code Section 13.1(b) shall also comply with the
requirements of Municipal Code Section 5B.2(d)(1).
Reason for amendment: The property owner is always held responsible for the proper
maintenance of their property.
(23) Amend Section 302.2 by adding the following sentence at the end of the section:
Excess or concentrated drainage shall be contained on site or directed to the nearest
practicable drainage facility approved by the code official.
Reason for amendment: To comply with 2022 California Building Code Section J109.4.
(24) Amend Section 302.3 by adding the following paragraph at the end:
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
dangerous, unsightly and unsanitary conditions such as accumulations of garbage,
refuse, rubbish, litter, dirt, gum or other substances or items, which have been placed,
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
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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.
Reason for amendment: This amendment clarifies the specific exterior property area
requirements referenced by Section 302.1 Sanitation.
(25) 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 or
vegetation 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.
Where overgrown weeds, vegetation, shrubbery, vines or trees, create an
encroachment, harborage or shelter; the code official shall require the property owner
to trim, cut, destroy or remove the overgrowth, and/or raise the vegetation canopy to
a height of seven feet above the ground. All noxious weeds shall be prohibited. Weeds
shall be defined per Municipal Code Section 12.45.
Upon failure of the owner or agent having charge of a property to cut and destroy
excess weeds or vegetation after service of a notice of violation, they shall be subject
to prosecution in accordance with Section 109.3 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 or excess vegetation growing
thereon, and the costs of such removal shall be paid by the owner or agent responsible
for the property.
Reason for amendment: This section is revised to comply with Municipal Code Section
12.45 and 12.46.
(26) Amend Section 302.8, Exception to read as follows:
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 Municipal Codes requirements.
Reason for amendment: This section is revised to comply with Zoning Ordinance and
Municipal Code requirements.
(27) Amend Section 303.2 to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds containing
water more than 18 inches in depth shall be completely enclosed by a fence, wall or
other barrier not less than 60 inches in height above the finished ground level
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measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching. Where the self-latching device is less
than 54 inches above the bottom of the gate, the release mechanism shall be located
on the pool side of the gate. Self-closing and self-latching gates shall be maintained
such that the gate will positively close and latch when released from an open position
of 6 inches from the gatepost. The vertical clearance from the ground to the bottom
of the enclosure shall be a maximum of two inches (2”). The maximum vertical
clearance at the bottom of the barrier may be increased to four inches (4”) when the
grade is a solid surface such as a concrete deck. On wood fences with horizontal
members spaced less than forty-five inches (45”) apart, the horizontal members shall
be placed on the poolside of the barrier. The outside surface of the enclosure shall be
free of protrusions, cavities, or other physical characteristics that would serve as
handholds or footholds that could enable a child below the age of five years to climb
over. Existing pool enclosures shall not be removed, replaced, or changed in a manner
that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346
shall be exempt from the provisions of this section.
Reason for amendment: To comply with Gilroy Residential Swimming Pool & Spa
Guidelines, and California Health and Safety Code Swimming Pool Safety Act, Section
115920-115929.
(28) Delete Section 304.3 Premises identification.
Reason for amendment: Gilroy Municipal Code Section 6.24(b)(1) has already established
a standard for premises identification.
(29) Amend Section 304.7 to read as follows:
304.7 Roofs and drainage. The roof and flashing shall be sound, tight, and not have
defects that admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Damaged or
deteriorated roofs and flashing shall be repaired as expeditiously as possible. When
emergency temporary roof repairs require the installation of tarps or plastic sheeting
to prevent leaks, the temporary repairs shall not extend beyond one month, unless
approved by the Code Official. Such temporary repairs must have all edges of the
material fastened and restrained with sufficient tension to prevent movement or
flapping in the wind. Roof drains, gutters and downspouts shall be maintained in
good repair and free from obstructions. Roof water shall not be discharged in a
manner that creates a public nuisance.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper.
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(30) Amend Section 304.14 first sentence by deleting the words: “During the period from
[DATE] to [DATE],”
Reason for amendment: Insect screens are always required to be in working conditions.
(31) Amend Section 304.15 to read as follows:
304.15 Doors. Exterior doors, door assemblies, including weather stripping,
thresholds, closers and operator systems if provided, and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units and sleeping
units shall tightly secure the door. Locks on means of egress doors shall be in
accordance with Section 702.3.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3.
(32) Amend Section 304.16 to read as follows:
304.16 Under-Floor areas. Under-floor access doors, hatchways 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 ¼ inch
in any dimension or alternate approved materials pursuant to 2021 California
Building Code Section 1203.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3.
(33) Amend Section 304.18.2 to read as follows:
304.18.2 Windows. Operable windows 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 when they are located in whole or in part within 12
feet above ground level or walking surface or 6 feet horizontally from the ground, a
roof, or any other platform.
Reason for amendment: To comply with California Civil Code Section 1941.3(a)2
(34) Amend Section 305.1, first sentence, to read as follows:
305.1 General The interior of a structure and equipment therein including but not
limited to cabinets, counters and hardware shall be maintained in good repair,
structurally sound and in a sanitary condition.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3(a)14.
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(35) Amend Section 305.6 to read as follows:
305.6 Interior Doors. Every interior door, frame and hardware shall be properly
installed and maintained in a workmanlike manner and capable of being opened,
closed, and latched. Every interior door shall fit reasonably well within its frame and
shall be securely attached to the jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3(a)14.
(36) Amend Section 308.3.1 to read as follows:
308.3.1 Garbage facilities. The owner of every dwelling unit or the proprietor,
manager, owner or lessee of any hotel, restaurant, boardinghouse, rooming house or
other place of business in the city shall be responsible for providing approved leak-
proof, covered, outside garbage receptacles for each dwelling unit or place of
business pursuant to Gilroy Municipal Code Section 12.18. Receptacles and storage
areas shall be at all times kept in a sanitary condition. Receptacles shall be placed
for collection in the alley behind the premises, or if there is no alley access, then on
the front curb in front of the premises being served, or such other place as may be
approved by the director of public works or the garbage contractor, so as to be
readily accessible for removing and emptying the same. Receptacles shall be placed
in the proper area for collection the evening prior to collection and shall be removed
and stored at an approved location by the morning after. For dwelling units,
receptacles shall be stored in the side yard adjacent to the house or garage. Where
the code official repeatedly finds a site in violation of Municipal code section
5B.2(2) or 5C.7, he or she may require the property owner to provide an additional
or larger outside garbage container for the premise to use.
Reason for amendment: To comply with Gilroy Municipal Code Chapter 5 and Section
12.18 and 12.19.
(37) Amend Section 309.1 to read as follows:
309.1 Infestation. All structures shall be kept free from insect, rodent, vermin, or
other infestations. When an insect, rodent, vermin or other infestation is brought to
the attention of the code official, he or she may require the owner or owner’s
authorized 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 or
elimination of the infestation. All structures and/or areas in which infestations are
found, shall be promptly exterminated by approved processes that will not be
injurious to human health. After extermination of the infestation is complete, the
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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.
Reason for amendment: California Health and Safety Code Sec 17920.3(12) states
“Infestation of insects, vermin, or rodents as determined by the health officer” renders
dwelling units substandard. The language has been amended to clarify the process.
(38) Amend Section 309.2 to read as follows:
309.2 Owner. The owner of any structure or premise shall be responsible for
extermination within the structure or premise prior to renting or leasing the
structure or premise. 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 and/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 occupant’s
failure either substantially causes an unlivable condition to occur, or substantially
interferes with the owner’s ability to repair the condition, the owner does not have
to repair the condition. Where defects in a structure substantially contribute to or
cause an infestation, the owner shall be responsible for correction of the defect and
extermination of the infestation.
Reason for amendment: To agree with California Civil Code Section 1941.2(a).
(39) Delete Section 309.3 Single Occupant through Section 309.5 Occupant.
Reason for amendment: Comply with California Tenants Handbook guidelines.
(40) Delete Section 404.5 Overcrowding through Section 404.6 Efficiency unit.
Reason for amendment: Overcrowding is regulated by 1997 Uniform Housing Code
Section 503.2 and Efficiency Units are regulated by California Building Code Section
1208.4.
(41) Amend Section 505.3 by adding the following sentence to the end of the Section:
Where there’s damage or unauthorized modification to or use of a backflow
prevention device, the code official may require theft prevention cages or
enclosures to be installed.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
(42) Amend Section 505.4:
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Delete the words: “adequate combustion air is provided” and replace with the
words: “the installation complies with Chapter 5 of the California Plumbing Code
and Section 904.0 of the 2022 California Mechanical Code”
Reason for amendment: To comply with California Plumbing and Mechanical code
requirements.
(43) Amend Section 506.2 by adding the following sentence to the end of the Section:
Sewer line cleanout plugs, or caps shall be of an approved type and shall be securely
installed and remain in place at all times except when servicing the drain line.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
(44) 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 in all habitable rooms,
bathrooms, and toilet rooms. Cooking appliances, fireplaces and portable heaters
shall not be used as a means to achieve compliance with this section.
Reason for amendment: To align with the Uniform Housing Code Section 701.1
requirements.
(45) Delete the Exception in Section 602.2.
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 too low for this area.
(46) Amend Section 602.3 by deleting the words “during the period from [DATE] to [DATE],”
Reason for amendment: Ability to heat the dwelling unit is required year-round.
(47) Amend Section 602.3, Exception 1, last sentence to read as follows:
The winter outdoor design temperature for the locality shall be 32oF.
Reason for amendment: The Appendix D reference to the Plumbing Code did not clearly
specify the temperature.
(48) Delete Section 602.3 Exceptions 2.
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 too low for this area.
(49) Delete Section 602.4 Occupiable work spaces
Ordinance No. 2022-10
Building Code Adoption
City Council Regular Meeting | November 21, 2022
Page 28 of 29
Reason for amendment: This is primarily enforced by Cal OSHA.
(50) Amend Section 603.1 to read as follows:
Mechanical equipment, kitchen hoods, appliances, fireplaces, solid fuel-burning
appliances, cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition and shall be capable of
performing their intended function. When new mechanical equipment is installed
and the old equipment is no longer in use, the old equipment must be removed from
the structure. Openings left in the walls, floors or ceilings must be properly repaired
and painted. Electrical circuits and gas lines must be properly abandoned and
inspected.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
(51) 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, deterioration or damage, or for similar reasons
including the improper use of extension cords as permanent wiring, the code official
shall require the defects to be corrected to eliminate the hazard.
Reason for amendment: To comply with Electrical Code requirements.
(52) Amend Section 605.3 by adding the following sentence to the end of the Section:
No unobstructed beam of exterior lighting shall be directed outward from a site
toward any residential use or public right-of-way.
Reason for amendment: To comply with Gilroy Zoning Code Section 30.50.44(c)
guidelines.
(53) Adopt the following Appendix:
Appendix A – Boarding Standard
(j) Amendments to the Swimming Pool and Spa Code
(1) Adopt no amendments.
SECTION VII
Upon adoption of each new California Building Standards Code, the Ordinance adopting the
previously adopted California Building Standards Code is superseded in its entirety. This
Ordinance No. 2022-10
Building Code Adoption
City Council Regular Meeting | November 21, 2022
Page 29 of 29
Ordinance does not repeal the 2022 Ordinance that adopts by reference and amends the 2022
California Green Building Standards Code, nor the 2022 Ordinance that adopts by reference and
amends the 2022 California Fire Code.
SECTION VIII
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision,
or part shall not affect the validity of the remainder.
SECTION IX
In accordance with Section 36937 of the Government Code of the State of California, this
Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City
Council, but no sooner than January 1, 2023.
PASSED AND ADOPTED this 21st day of November 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE-
MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
Marie Blankley (Nov 22, 2022 11:18 PST)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-10 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 held on Council
held Monday, November 21, 2022, 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 Monday, November 21, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)