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SANTA CLARA COUNTY CODE OF ORDINANCES: Division C3 BUILDINGS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division C3
BUILDINGS

CHAPTER I.
COUNTY BUILDING CODE*

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Editor's note--Ord. No. NS-1100.102, § 4, adopted December 11, 2007, repealed former Ch. I, §§ C3-1--C3-17, which pertained to the California Building Code and enacted provisions designated as a new Ch. I, §§ C3-1--C3-6, to read as herein set out. See also the Code Comparative Table.

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ARTICLE 1.
INCORPORATION BY REFERENCE

Sec. C3-1. 2007 California Building Code adopted.

The building code of the County is the 2007 California Building Code, which is based on Volumes I and II of the 2006 International Building Code, as compiled and published by the International Code Council ("2006 IBC"), as modified by the California Building Standards Commission, and as further modified by the additions, deletions and amendments set forth in this chapter.

(Ord. No. NS-1100.102, § 4, 12-11-07)

ARTICLE 2.
ADDITIONS, DELETIONS AND AMENDMENTS TO THE 2007 CALIFORNIA BUILDING CODE

Sec. C3-2. Additions, deletions and amendments.

Additions, deletions and amendments to the 2007 California Building Code are as set forth in this article.

(Ord. No. NS-1100.102, § 4, 12-11-07)

Sec. C3-3. IBC Appendices.

(a) Appendix Chapter 1 (Administration) is added, with the following modifications:

(1) Section 106.1 (Submittal Documents) of Appendix Chapter 1 is modified to read as follows:

106.1 Submittal Documents. Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Such other information as may reasonably be required by the building official shall be provided, such as a geologic report which shall be necessary where the county determines that such report is needed on the basis of the county hazard maps.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

(2) Section 108.1 (Fees) of Appendix Chapter 1 is modified to read as follows:

108.1 Payment of Fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

Plan Review Fee - A plan review fee, in an amount established by resolution of the Board of Supervisors, shall be paid when plans or documents are required to be submitted for review prior to issuing a building permit.

Investigation Fee - An investigation fee, in an amount established by resolution of the Board of Supervisors, shall be paid for any building or structure that is constructed, altered, demolished or has a change of occupancy without obtaining the required building permits. This fee shall be in addition to any other fees required to review plans or issue any building permits for the building or structure.

(3) Section 110 (Certificate of Occupancy) of Appendix Chapter 1 (Administration) is modified to add the following text after item 12:

The final approval of the Building Inspection Office on the building permit inspection card shall serve as the certificate of occupancy.

(b) Appendix C (Group U - Agricultural Buildings) is added, with the following modifications:

(1) Section C102.2 is modified to read as follows:

Section C102.2 One-story Unlimited Area. A one-story Group U agricultural building shall not be limited in area if the building is entirely surrounded and adjoined by public ways or yards not less than 20 feet in width.

(2) Section C105 is added to read as follows:

SECTION C105 - BUILDING PERMIT EXEMPTION

C105.1 Scope: Any agricultural building less than 10,000 square feet in total area and located on a lot of ten acres or more, which is designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, shall be exempt from obtaining a building permit. This exemption from obtaining a building permit shall not be construed as authorization to perform any work in any manner that violates the provisions of the County Building Code, County Plumbing Code, County Electrical Code or County Mechanical Code or any other County ordinances, codes or standards.

Exception: If such agricultural use ceases, this exemption automatically expires by operation of law.

Every agricultural building exempt from obtaining a building permit under this section shall be subject to periodic onsite inspections, to ensure continued compliance with the limited agricultural uses set forth herein. Failure to comply with the limited agricultural uses of the building shall be deemed a violation of the building code.

Any agricultural building requiring plumbing, heating or electrical services shall obtain the necessary plumbing, heating and electrical permits in compliance with the County Building Code, the County Plumbing Code, the County Mechanical Code, the County Electrical Code and any other applicable County ordinances.

Agricultural buildings shall be subject to all other applicable provisions of this Code, including but limited to the County Fire Code, grading ordinance and zoning ordinance, regardless of the size of the lot upon which the building is located. An agricultural building exempt from obtaining a building permit and located within 100 feet of either a county- or city-designated scenic road shall be subject to design review procedures, as provided in the Santa Clara County Zoning Ordinance.

C105.2 Application and Fee: An Agricultural Exemption application and supporting documents shall be submitted for review to the Planning Office. A review fee, in an amount established by resolution of the Board of Supervisors, shall be collected when the submittal is made.

C105.3 Application Referrals: The application and supporting documents shall be reviewed by the Planning Office for compliance with the Agricultural land use designation in accordance with County Zoning Ordinance Section 2.10.040. The application and supporting documents will also be reviewed by the Fire Marshal's Office for compliance with County Ordinance Section A33-49. At the discretion of the Planning Office, referrals may be made to other agencies on the basis of health and safety issues. The Planning Office shall make the final decision on the request for Agricultural Exemption.

C105.4 Appeal to the Board of Supervisors: Any person dissatisfied with the determination of the Planning Office may file an appeal with the Clerk of the Board of Supervisors within 15 calendar days after the final decision of the Planning Office. Appeals shall be filed at the County Planning Office and shall include a non-refundable fee in an amount established by resolution of the Board of Supervisors. The Planning Office shall transmit to the Board of Supervisors all maps, records, papers and files which constitute the record in the action in which the appeal was taken. The Board shall hear the matter de novo and approve, disapprove or modify the decision of the Planning Office. The decision of the Board of Supervisors shall be final.

C105.6 Issuance of exemption: If the final determination to grant an Agricultural Exemption is made, the Planning Office shall issue a Certificate of Agricultural Exemption to the applicant. If the final determination is to not grant an Agricultural Exemption, the applicant may apply for a building permit.

(3) Section C106 is added to read as follows:

(c) Appendix I (Patio Covers) is added.

(Ord. No. NS-1100.102, § 4, 12-11-07)

Sec. C3-4. Chapter 7A Addition.

Chapter 7A is added with the following modification:

The definition of "Wildland-Urban Interface Fire Area" in section 702A is modified to read as follows:

Wildland-Urban Interface Fire Area is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The Wildland-Urban Interface Fire Area shall be defined as all unincorporated areas within the County of Santa Clara as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" adopted by resolution of the Board of Supervisors, which map and all notations, references, data and other information shown thereon is hereby adopted and made a part of this chapter. The map shall be on file in the Office of the Fire Marshal.

(Ord. No. NS-1100.102, § 4, 12-11-07; Ord. No. NS-1100.104, § 5, 8-26-08)

Sec. C3-5. Chapter 9 Amendments.

Section 903.2 of Chapter 9 is amended to read as follows:

903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.13 and as follows, whichever is the more restrictive:

1. An automatic sprinkler system shall be provided throughout all new buildings that have a gross floor area in excess of 3,600 square feet or that are three or more stories in height.

2. An automatic sprinkler system shall be provided throughout all existing buildings when modifications are made that increases the gross floor area to more than 3,600 square feet or increases the number of stories to three or more.

Exception: One-time additions to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area.

3. An automatic sprinkler system shall be provided throughout all new buildings located in the designated Wildland-Urban Interface fire areas.

Exception: Any non-residential accessory structures to single family residences that have a gross floor area of 500 square feet or less.

4. An automatic sprinkler system shall be provided throughout all existing buildings located in the designated Wildland-Urban Interface fire areas when modifications are made that increases the gross floor area.

Exception: One-time additions to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area.

5. Automatic fire sprinkler protection for fixed guideway transit systems shall be as per Section 903.2.17.

(Ord. No. NS-1100.102, § 4, 12-11-07)

Sec. C3-6. Chapter 10 Amendments.

Section 1013.7 is added to Chapter 10 to read as follows:

1013.7 Roof Guardrails At Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through.

Exception: Where the roof opening is greater than 600 sq. ft. in area.

(Ord. No. NS-1100.102, § 4, 12-11-07; Ord. No. NS-1100.104, § 6, 8-26-08)

Sec. C3-7. Chapter 15 Amendments.

The following amendments are made to Chapter 15:

(a) Section 1505.1.1 is amended to read as follows:

1505.1.1. Roof Coverings within the Wildland/Urban Interface Fire Area. The entire roof covering of every existing structure where 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 alteration, repair or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A.

(b) Section 1505.1.2 is amended to read as follows:

1505.1.2. Roof Coverings within State Responsibility Areas. The entire roof covering of every existing structure where 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 alteration, repair or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A.

(Ord. No. NS-1100.104, § 7, 8-26-08)

Sec. C3-8. Chapter 33 Amendments.

Section 3310.1 is amended to read as follows:

3310.1 Stairways Required. Each level above the first story in new multi-story buildings shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

(Ord. No. NS-1100.104, § 8, 8-26-08)

Secs. C3-9--C3-29. Reserved.

CHAPTER II.
MINIMUM STANDARDS FOR STRUCTURAL SEISMIC RESISTANCE*

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Editor's note--Ord. No. NS-1100.88, § 2, adopted June 29, 1999, renumbered Ch. III, §§ C3-50--C3-61 as Ch. II, C3-30--C3-41. See the Code Comparative Table for a detailed analysis of inclusion of said ordinance.

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Sec. C3-30. Purpose.

(a) The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings. Such buildings have been widely recognized for sustaining life-hazardous damage, including partial or complete collapse, during moderate to strong earthquakes.

(b) The provisions of this chapter are intended as minimum standards for structural seismic resistance, established primarily to reduce the risk of loss of life or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property.

(c) This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods, exceptions and standards are also established under which these buildings are required to be structurally analyzed. Where the analysis finds deficiencies, this chapter requires these buildings to be strengthened, demolished or physically vacated until there has been compliance with the provisions of this chapter.

(d) Qualified historical buildings shall comply with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Administrative Code.

(Ord. No. NS-1100.78, § I, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-31. Application.

The provisions of this chapter shall apply to all buildings which, on the effective date of this chapter [December 12, 1989], have unreinforced masonry bearing walls as defined herein, but shall not apply to detached one-or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes.

(Ord. No. NS-1100.78, § II, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-32. Definitions.

For purposes of this chapter, the following definitions shall apply:

(a) Essential building: Any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; municipal government disaster operation and communication centers.

(b) High-risk building: Any building, not classified as an essential building, having an occupant load of 100 or more, but not including any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than 40 feet apart in each story, and not including any building used for its intended purpose, as determined by the Building Official, for less than 20 hours per week. The crosswalls referred to herein shall be full story height with a minimum length of 1 1/2 times the story height.

(c) Medium-risk building: Any building, not classified as an essential building, having an occupant load of between 20 and 99.

(d) Low-risk building: Any building, not classified as an essential building, having an occupant load of no more than 19 occupants.

(e) Unreinforced masonry bearing wall: A masonry wall which provides the vertical support for a floor or roof, the total superimposed load of which is over 100 pounds per linear foot, and the area of reinforcing steel of which is less than 50 percent of that required under Section 2407(h)4B of the Uniform Building Code.

(f) UBC: The Uniform Building Code, 1985 Edition.

(g) All applicable definitions in Sections 2302 and 2312 of the UBC.

(Ord. No. NS-1100.78, § III, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-33. Rating classifications.

The rating classifications shown in Table A [Section C3-39] are hereby established; and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official, based on the occupant load for the building, as determined by the Building Official. It is understood, however, that portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications.

(Ord. No. NS-1100.78, § IV, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-34. Structural analysis required.

The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards or cause the building to be demolished. The owner of a building within the scope of this chapter shall comply with the provisions of this section within the following time limits:

(a) Within two years after the service of the order, a structural analysis shall be submitted for approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this chapter; or

(b) Within two years after the service of the order, the structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter shall be submitted for approval by the Building Official; or

(c) Within one year after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Subsection (c) of Section C3-36 shall be submitted for approval by the Building Official; or

(d) Within two years after the service of the order, a demolition permit shall be obtained for the structure.

Exception: The provisions of Subsections (a) through (d) of this section, and the time limits set forth in Table B [Section C3-39], shall not apply to a person owning two or more buildings of unreinforced masonry bearing wall whose aggregate gross floor area exceeds 10,000 square feet. Within one year from the date that an order is served pursuant to Subsection (b) of Section C3-35, persons qualifying for this exception shall submit for approval of the Building Official a time table for submitting the structural analysis and for the commencement and completion of any required alterations or demolitions. Notwithstanding the foregoing, however, the provisions of Subsections (a) through (d) of this section, and the time limits set forth in Table B, shall apply if the required time table is not submitted to the Building Official within the time allowed.

After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, commence and complete the required construction or demolition within the time limits set forth in Table B. These time limits shall begin to run from the date the order is served, in accordance with Subsections (a) and (b) of Section C3-35. Owners electing to comply with Subsection (c) of this section are also required to comply with Subsection (b) or (d) of this section; however, the two-year period provided for in such subsections and the time limits for obtaining a building permit, commencing construction and completing construction for complete structural alterations or building demolition set forth in Table B shall be extended in accordance with Table C [Section C3-39]. Each such extended time limit, except the time limit for commencing construction, shall begin to run from the date the order is served. The time limit for commencing construction shall commence from the date the building permit is issued.

(Ord. No. NS-1100.78, § V, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-35. Service, contents of order to analyze; appeal; recordation; enforcement.

(a) Service of order: The Building Official shall issue an order to the owner of each building within the scope of this chapter in accordance with the minimum time periods for service of such orders set forth in Table C [Section C3-39]. The minimum time period for the service of such orders shall be measured from the effective date of this chapter [December 12, 1989].

(b) Contents of order: The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the tax rolls, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section C3-34, which sets forth the owner's alternatives and time limits for compliance.

(c) Appeal: The owner or person in charge or control of the building may appeal the Building Official's determination that the building is within the scope of this chapter. Such appeal shall be filed with the Code Enforcement Appeals Board within 60 days from the date of service of the order. Any such appeal shall be decided by the Board not later than 60 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided by the Building Official, with the appeal grounds clearly stated.

(d) Appeal filing fee: Each appeal shall be accompanied by a filing fee as set forth in this Code. Appeals or requests for modifications from any other determinations, orders or actions by the Building Official pursuant to this chapter shall be made in accordance with the normal appeal procedures established in this Code.

(e) Recordation: At the time that the aforementioned order is served, the Building Official shall file with the office of the County Recorder a certificate stating that the subject building is within the scope of this chapter. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with the provisions of this chapter. If the building is found not to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter, or is demolished, the Building Official shall revoke the aforementioned certificate.

(f) Enforcement: If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within the time allowed, the Building Official may order the entire building vacated until compliance has occurred. If there has been no compliance within 90 days after the date the building has been ordered vacated, or by such additional time as may have been granted, the Building Official may order the building demolished.

(Ord. No. NS-1100.78, § VI, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-36. Method of analysis.

(a) General: Every building within the scope of this chapter shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the building in accordance with the following equation:

V = ZIKCSW

The value of IKCS need not exceed the values set forth in Table D [Section C3-39], based on the applicable rating classification of the building.

(b) Lateral forces on elements of structures: Parts or portions of buildings shall be analyzed and designed for lateral loads in accordance with the applicable provisions of this chapter and Section 2312(e) of the UBC, but not less than the value from the following equation:

Fp = ZICp SWp

For the provisions of this subsection, the product of IS need not exceed the values as set forth in Table E [Section C3-39], but unreinforced masonry walls in buildings not having a rating classification of I may be analyzed in accordance with Section C3-37.

The value of Cp need not exceed the values set forth in Table F [Section C3-39].

(c) Anchorage and interconnection: Anchorage and interconnection of all parts, portions and elements of the building shall be analyzed and designed for lateral forces in accordance with Table F of this chapter and the equation Fp = ZICpSWp, as modified by Table E. Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of 200 pounds per linear foot acting normal to the wall at the level of the floor or roof.

(d) Level of required repair. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building Code unless otherwise specifically provided for in this chapter.

(e) Required analysis: Except as modified herein, the analysis and design relating to the structural alteration of existing buildings within the scope of this chapter shall be in accordance with the analysis specified in Chapter 23 of the UBC. A complete, continuous stress path from every part or portion of the building to the ground shall be provided for the required horizontal forces. All parts, portions or elements of the building shall be interconnected by positive means.

(f) Analysis procedure: Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the building shall conform to those permitted by the Uniform Building Code and those materials and types of construction specified in Section C3-37. Materials and connectors used for interconnection of parts and portions of the building shall conform to the applicable provisions of the UBC. Nails may be used as part of an approved connector. Except as modified herein, unreinforced masonry walls shall be analyzed as specified in Sections 2406, 2407 and 2408 of the UBC to withstand all vertical loads as specified in Chapter 23 of the UBC, in addition to the seismic forces required by this chapter. The 50 percent increase in the seismic force factor for shear walls as specified in Section 2407(h)4F of the UBC may be omitted in the computation of seismic loads to existing shear walls. No allowable tension stress shall be permitted in unreinforced masonry walls. Walls not capable of resisting the required design forces specified in this chapter shall be strengthened or shall be removed and replaced. It is understood, however, that unreinforced masonry walls in buildings not classified as a rating classification I in Table A [Section C3-39] may be analyzed in accordance with Section C3-37, and that an unreinforced masonry wall which carries no design loads other than its own weight may be considered as veneer if it is adequately anchored to new supporting elements.

(g) Combination of vertical and seismic forces:

(1) New materials: All new materials introduced into the building to meet the requirements of this section which are subjected to combined vertical and horizontal forces shall comply with Section 2303(f) of the UBC.

(2) Existing materials: When stresses in existing lateral force resisting elements are due to a combination of dead loads plus live loads plus seismic loads, the allowable working stress specified in the UBC may be increased 100 percent. However, no increase will be permitted in the stresses allowed in Section C3-37, and the stresses in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303(d) of the UBC.

(3) Allowable reduction of bending stress by vertical load: In calculating tensile fiber stress due to seismic forces required by this chapter, the maximum tensile fiber stress may be reduced by the full direct stress due to vertical dead loads.

(Ord. No. NS-1100.78, § VII, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-37. Materials and types of construction.

(a) General: All materials permitted by the Uniform Building Code, including their appropriate allowable stresses and those existing configurations of materials specified herein, may be utilized to meet the requirements of this chapter.

(b) Existing materials:

(1) Unreinforced masonry walls: Unreinforced masonry walls analyzed in accordance with this section may provide vertical support for roof and floor construction and resistance to lateral loads. The facing and backing of such walls shall be bonded so that not less than four percent of the exposed face area is composed of solid headers extending not less than four inches into the bucking. The distance between adjacent full-length headers shall not exceed 24 inches vertically or horizontally. Where the backing consists of two or more wythes, the header shall extend not less than four inches into the most distant wythe or the backing wythes shall be bonded together with separate headers whose area and spacing conform to the foregoing. Tension stresses due to seismic forces normal to the wall may be neglected if the walls do not exceed the height to thickness ratio in Table G [Section C3-39] and the in-plane shear stresses due to seismic loads as set forth in Table J [Section C3-39]. If the wall height-thickness ratio exceeds the specified limits, the wall may be supported by vertical bracing members designed in accordance with Section C3-36. The deflection of such bracing member at design loads shall not exceed one-tenth of the wall thickness. It is understood, however, that the wall may be supported by flexible vertical bracing members designed in accordance with Subsection (b) of Section C3-36 if the deflection at design loads is not less than one-quarter nor more than one-third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one-half the unsupported height of the wall, nor shall the members exceed ten feet. The wall height may be measured vertically to bracing elements other than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof.

(2) Existing roof floors, walls, footings, and wood framing: Existing materials including wood shear walls utilized in the described configuration may be used as part of the lateral load resisting system, provided that the stresses in these materials do not exceed the values shown in Table H [Section C3-39].

(c) Strengthening of existing materials: New materials, including wood shear walls, may be utilized to strengthen portions of the existing seismic resisting system in the described configurations provided that the stresses do not exceed the values shown in Table I [Section C3-39].

(d) Alternate materials: Alternate materials, designs and methods of construction may be approved by the Building Official in accordance with the provisions of the UBC.

(e) Minimum acceptable quality of existing unreinforced masonry walls:

(1) General provisions: All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this subsection. All masonry quality shall equal or exceed the minimum standards established herein or shall be removed and replaced by new materials. Alternate methods of testing may be approved by the Building Official. The quality of mortar in all masonry walls shall be determined by performing in-place shear tests or by testing eight-inch diameter cores. Alternative methods of testing may be approved by the Building Official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be Type S or N, except that masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a registered special inspector. At the conclusion of the inspection, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building, setting forth the result of the work inspected. Such report shall be submitted to the Building Official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this subsection by a testing agency approved by the Building Official. An accurate record shall be kept of all such tests and of their locations in the building, and these results shall be submitted to the Building Official for approval as part of the structural analysis.

(2) Number and location of tests: The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or one per 1,500 square feet of wall surface, with a minimum of eight tests in any case. The exact test or core location shall be determined at the building site by the licensed engineer or architect responsible for the seismic analysis of the building.

(3) In-place shear tests: The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to be tested shall be removed and cleaned prior to testing. The minimum quality mortar in 80 percent of the shear tests shall not be less than the total of 30 psi plus the axial stress in the wall at the point of the test. The shear stress shall be based on the gross area of both bed joints and shall be at the point at which movement of the brick is first observed.

(4) Core tests: A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified herein. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated 15 degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of 20 psi based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken, then the shear value shall be reported as zero.

(f) Testing of shear bolts: One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a special inspector using a torque calibrated wrench to the following minimum torques:

1/2-inch-diameter bolts or dowels = 40 foot-lbs.

5/8-inch-diameter bolts or dowels = 50 foot-lbs.

3/4-inch-diameter bolts or dowels = 60 foot-lbs.

No bolts exceeding three-quarter inch shall be used. All nuts shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steel.

(g) Design seismic in-plane shear stresses shall be substantiated by tests performed as specified in Subsection (e)(3) and (4). Design stresses shall be related to test results obtained in accordance with Table J. Intermediate values between three and ten psi may be interpolated. Compression stresses for unreinforced masonry having a minimum design shear value of three psi shall not exceed 100 psi. Design tension values for unreinforced masonry shall not be permitted.

(h) Five percent of the existing rod anchors utilized as all or part of the required wall anchors shall be tested in pullout by an approved testing laboratory. The minimum number tested shall be four per floor, with two tests at walls with joists framing into the wall and two tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a preload of 300 pounds prior to establishing a datum for recording elongation. The tension test load reported shall be recorded at one-eighth inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and joist orientation. The allowable resistance value of the existing anchors shall be 40 percent of the average of those tested anchors having the same wall thickness and joist orientation.

(i) Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be 20 percent of the average of the ultimate loads.

(Ord. No. NS-1100.78, § VIII, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-38. Other information required.

(a) In addition to the seismic analysis required elsewhere in this chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record the information required by this section on the approved plans. The following requirements with appropriate construction details shall be made part of the approved plans:

(1) All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table I [Section C3-39], or by approved equivalent at a maximum anchor spacing of six feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by existing rod anchors at the maximum anchor spacing of six feet. All existing rod anchors shall be secured to the joists to develop the required forces. The Building Official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to Section C3-37(h). When access to the exterior face of the masonry wall is prevented by proximity of an existing building, wall anchors conforming to Items 5 and 6 in Table I may be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in Section C3-37(i).

(2) Diaphragm chord stresses of horizontal diaphragms shall be developed in existing materials or by addition of new materials.

(3) Where trusses and beams other than rafters or joists are supported on masonry, ledgers or columns shall be installed to support vertical loads of the roof or floor members.

(4) Parapets and exterior wall appendages not capable of resisting the forces specified in this chapter shall be removed, stabilized or braced to insure that the parapets and appendages remain in their original position.

(5) All deteriorated mortar joints in unreinforced masonry walls shall be pointed with Type S or N mortar (masonry cements shall not be used). Prior to any pointing, the wall surface must be raked and cleaned to remove loose and deteriorated mortar. All preparation and pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete. At the conclusion of the project, the inspector shall submit a written report to the Building Official setting forth the portion of work inspected.

(6) Repair details shall be prepared for any cracked or damaged unreinforced masonry wall required to resist forces specified in this chapter.

(b) The following existing construction information shall be made part of the approved plans:

(1) The type and dimensions of existing walls and the size and spacing of floor and roof members.

(2) The extent and type of existing wall anchorage to floors and roof.

(3) The extent and type of parapet corrections, if any, which were performed in accordance with the UBC.

(4) Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights.

(5) The location of cracks or damaged portions of unreinforced masonry walls requiring repairs.

(6) The type of interior wall surfaces and whether reinstalling or anchoring of ceiling plaster is necessary.

(7) The general condition of the mortar joints and whether the joints need pointing.

(Ord. No. NS-1100.78, § IX, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

____

Sec. C3-39. Tables.

TABLE A. RATING CLASSIFICATIONS
Type of BuildingClassification
Essential buildingI
High-risk buildingII
Medium-risk buildingIII
Low-risk buildingIV

TABLE B. TIME LIMITS FOR COMPLIANCE (1)
Required Action by OwnerObtain Building Permit WithinCommence Construction WithinComplete Construction Within
____
Complete structural alterations or building demolition2 years6 months (2)4 years
____
Wall anchor installation1 year1 year and 6 months3 years
____

(1) Where two or more buildings under separate ownership are to be rehabilitated simultaneously, an extension of time may be granted by the Building Official based on the average time requirements for the buildings involved.

(2) Measured from date of building permit issuance. All the other time limits are measured from the date of the order.

TABLE C. SERVICE PRIORITIES AND EXTENDED TIME PROVISIONS
Rating ClassificationOccupant LoadExtension of Time if Wall Anchors Are InstalledMinimum Time Periods for Service of Order
____
I (Highest Priority)Any1 year0
____
II100 or more3 years90 days
____
III100 or more 51 to 99 20 to 505 years 6 years 6 years1 year 2 years 3 years
____
IV (Lowest Priority)Less than 207 years4 years
____

TABLE D. HORIZONTAL FORCE FACTORS BASED ON RATING CLASSIFICATION
Rating ClassificationIKCS
I0.186
II0.133
III & IV0.100

TABLE E. HORIZONTAL FORCE FACTORS "IS" FOR PARTS OR PORTIONS OF STRUCTURES
Rating ClassificationIS
I1.50
II1.00
III & IV0.75

TABLE F. HORIZONTAL FORCE FACTOR "Cp" FOR PARTS OR PORTIONS OF BUILDINGS OR OTHER STRUCTURES (1)
Part or Portion of BuildingsDirection of ForceValue of Cp
____
Exterior bearing and nonbearing walls, interior bearing walls and partitions, interior nonbearing walls and partitions over 10 feet in height, masonry fences over 6 feet in height.Normal to flat surface0.20
____
Cantilever parapet and other cantilever walls, except retaining walls.Normal to flat surface1.00
____
Exterior and interior ornamentations and appendages.Any direction1.00
____
When connected to or a part of a building; towers, tanks, towers and tanks, plus contents, racks over 8 feet 3 inches in height, plus contents, chimneys, smokestacks, and penthouses.Any direction0.20(2), (4)
____
When connected to or a part of a building; rigid and rigidly mounted equipment and machinery not required for continued operation of essential occupancies. (5)Any horizontal direction0.20(3)
____
Tanks plus effective contents resting on the ground.Any direction0.12
____
Floors and roofs acting as diaphragmsIn the plane of the diaphragm0.12(6)
____
Prefabricated structural elements, other than walls, with force applied at center of gravity of assembly.Any horizontal direction0.30
____
Connections for exterior panels or elements.Any direction2.00
____

(1) See Subsection (b) of Section C3-36 for use of Cp.

(2) When located in the upper portion of any building with a hn/D ratio of 5:1 or greater, the value shall be increased by 50 percent.

(3) For flexible and flexibly mounted equipment and machinery, the appropriate values for Cp shall be determined with consideration given to both the dynamic properties of the equipment and machinery and to the building or structure in which it is placed.

(4) The Wp for storage racks shall be the weight of the racks plus contents. The value of Cp for racks over two storage support levels in height shall be 0.16 for the levels below the top two levels.

(5) The design of the equipment and machinery and their anchorage is an integral part of the design and specification of such equipment and machinery. The structure to which the equipment or machinery is mounted shall be capable of resisting the anchorage forces (see also Section 2312(k) of the UBC).

(6) Floors and roofs acting as diaphragms shall be designed for a minimum force resulting from a Cp of 0.12 applied to Wp, unless a greater force results from the distribution of lateral forces in accordance with Section 2312(e) of the UBC.

TABLE G. ALLOWABLE VALUE OF HEIGHT-THICKNESS RATIO OF UNREINFORCED MASONRY WALLS WITH MINIMUM QUALITY MORTAR (1) (2)
Building With Crosswalls as Defined by Section C3-32aAll Other Buildings
Walls of one-story buildings1613
First story wall of multi-story buildings1615
Walls in top story of multi-story buildings149
All other walls1613

(1) Minimum quality mortar shall be determined by laboratory testing in accordance with Subsection (e) of Section C3-37.

(2) Table G is not applicable to buildings of rating classification I. Walls of buildings within rating classification I shall be analyzed in accordance with Subsection (f) of Section C3-36.

TABLE H. VALUES FOR EXISTING MATERIALS
Existing Materials or Configuration of Materials (1)Allowable Values
1.Horizontal Diaphragms
a.Roofs with straight sheathing and roofing applied directly to the sheathing100 pounds per foot for seismic shear
b.Roofs with diagonal sheathing and roofing applied directly to the sheathing400 pounds per foot for seismic shear
c.Floors with straight tongue and groove sheathing150 pounds per foot for seismic shear
d.Floors with straight sheathing and finished wood flooring300 pounds per foot for seismic shear
e.Floors with diagonal sheathing and finished wood flooring450 pounds per foot for seismic shear
f.Floors or roofs with straight sheathing and plaster applied to the joist or rafters (2)Add 50 pounds per foot to the allowable values for Items 1.a and 1.c
2.Shear Walls Wood stud walls with lath and plaster100 pounds per foot each side for seismic shear
3.Plain Concrete Footingsf'c = 1500 psi unless otherwise shown by tests
4.Douglas Fir WoodAllowable stress same as No. 1 D.F. (3)
5.Reinforcing Steelft = 18,000 pounds per square inch maximum (3)
6.Structural Steelft = 20,000 pounds per square inch maximum (3)

(1) Material must be sound and in good condition.

(2) The wood lath and plaster must be reattached to existing joists or rafters in a manner approved by the Department.

(3) Stresses given may be increased for combinations of loads as specified in Subsection (g)(2) of Section C3-36.

TABLE I. ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION (1)
New Materials or Configuration of MaterialsAllowable Values
1.Horizontal Diaphragms Plywood sheathing applied directly over existing straight sheathing with ends of plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards.Same as specified in Table 25-J of the UBC for blocked diaphragms.
2.Shear Walls
a.Plywood sheathing applied directly over existing wood studs. No value shall be given to plywood applied over existing plaster or wood sheathing.Same as values specified in Table 25-K of the UBC for shear walls.
b.Dry wall or plaster applied directly over existing wood studs.75 percent of the values specified in Table 47-I of the UBC.
c.Dry wall or plaster applied to plywood sheathing over existing wood studs.33 1/3 percent of the values specified in Table 47-I of the UBC.
3.Shear Bolts Shear bolts and shear dowels embedded a minimum of 8 inches into unreinforced masonry walls. Bolt centered in a 2 1/2-inch diameter hole with dry-pack or non-shrink grout around circumference of bolt or dowel. (1)100 percent of the values for solid masonry specified in Table 24-E of the UBC. No values larger than those given for 3/4-inch bolts shall be used.
4.Tension Bolts Tension bolts and tension dowels extending entirely through unreinforced masonry walls secured with bearing plates on far side of wall with at least 30 square inches of area. (2)1,200 pounds per bolt or dowel.
5.Wall Anchors (Subsection (a)(1) of Section C3-38)
a.Bolts extending to the exterior face of the wall with a 2 1/2-inch round plate under the head. Installed as specified for shear bolts. Spaced not closer than 12 inches on centers. (1) (2)600 pounds per bolt.
b.Bolts or dowels extending to the exterior face of the wall with a 2 1/2-inch round plate under the head and drill at an angle of 22 1/2 degrees to the horizontal. Installed as specified for shear bolts. (1) (2)1,200 pounds per bolt or dowel.
6.Infilled Walls Reinforced masonry in filled openings in existing unreinforced masonry forced masonry walls with keys or dowels to match reinforcing.Same as values specified for unreinforced masonry walls.
7.Reinforced Masonry Masonry piers and walls reinforced per Section 2407 of the UBC.Same values as specified in Chapter 26 of the UBC.
8.Reinforced Concrete Concrete footings, walls and piers reinforced as specified in Chapter 26 of the UBC and designed for tributary loads.Same values as specified in Chapter 26 of the UBC.
9.Existing Foundation Loads Foundation loads for structures exhibiting no evidence of settlement.Calculated existing foundation loads due to maximum dead load plus live load may be increased 25% for dead load, and may be increased 50% for dead load plus seismic load required by this chapter.

Notes:

(1) Bolts and dowels to be tested as specified in Subsection (f) of Section C3-37.

(2) Bolts and dowels to be one-half inch minimum in diameter.

TABLE J. ALLOWABLE SHEAR STRESS FOR TESTED UNREINFORCED MASONRY WALLS
Eighty Percent of Test Results in psi Not Less ThanAverage Test Results of Cores in psiSeismic In-Plane Shear Based on Gross Area (1)
30 plus axial stress203 psi
40 plus axial stress274 psi
50 plus axial stress335 psi
100 plus axial stress or more67 or more10 psi max

(1) Allowable shear stress may be increased by addition of ten percent of the axial stress due to the weight of the wall directly above.

(Ord. No. NS-1100.78, § X, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-40. Glossary of symbols and notations.
C=Numerical coefficient as specified in Section 2312(d) of the UBC.
Cp=Numerical coefficient as specified in Section 2312(g) of the UBC, and as set forth in Table 23-J of the UBC.
D=The dimension of the structure, in feet, in a direction parallel to the applied forces.
f'c=Specified compressive strength of concrete, psi.
Fp=Lateral forces on a part of the structure and in the direction under consideration.
ft=Allowable tensile stress, psi.
hn=Height in feet above the base to level n.
I=Occupancy importance factor as set forth in Table 23-K of the UBC.
S=Numerical coefficient for site-structure resonance.
V=The total lateral force or shear at the base.
W=The total dead load as defined in Section 2302 of the UBC, including the partition loading specified in Section 2304(d) of the UBC where applicable.
Wp=The weight of a portion of a structure or nonstructural component.
Z=Numerical coefficient of 1.

(Ord. No. NS-1100.78, § XI, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Sec. C3-41. Emergency nature of chapter.

This chapter is an urgency measure necessary for the immediate preservation of public peace, health and safety, and shall go into immediate effect. The facts constituting such necessity are that the destruction and loss resulting from a recent earthquake clearly demonstrated an immediate need for legislation to guard against the deleterious effects of an earthquake on unreinforced masonry buildings.

(Ord. No. NS-1100.78, § XII, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

Secs. C3-42--C3-49. Reserved.

CHAPTER III.
GREEN BUILDING REGULATIONS

Sec. C3-50. Purpose.

The purpose of this chapter is to enhance public health and welfare and assure that green building principles and practices are incorporated into new development to limit impacts to the natural and human environment within unincorporated Santa Clara County. The green building provisions referenced in this chapter are designed to achieve the following goals:

(a) Increase energy efficiency in buildings

(b) Encourage water and natural resource conservation;

(c) Reduce waste generated by construction projects;

(d) Provide durable buildings that are efficient, cost effective, and economical to own and operate; and

(e) Promote the health and productivity of residents and workers which occupy and live in buildings within the County.

(Ord. No. NS-1100.105, 12-16-08)

Sec. C3-51. Definitions.

The following definitions shall apply to this chapter:

(a) "Addition" means new construction square footage added to an existing structure.

(b) "Applicant" means any person or entity applying to the County for a building permit to undertake any covered project within the County.

(c) "Compliance Official" means the Building Official as defined in Section C1-4 of the Santa Clara County Ordinance Code or his or her designee.

(d) "Compliance threshold" means the minimum number of points or rating level of a green building rating system that must be attained for a particular covered project, as set forth in the Standards for Compliance in Section C3-53.

(e) "Covered project" means any building permit application for new construction or renovations subject to Standards for Compliance as set forth in Section C3-53.

(f) "Green building" means a whole systems approach to the design, construction, and operation of buildings that substantially mitigates the environmental impacts of buildings. Green building practices recognize the relationship between the natural and built environments and seek to minimize the use of energy, water and other natural resources and provide a healthy, productive indoor environment.

(g) "Green building certification" means verification to meet the certification requirements of Build it Green or LEED.

(h) "Green building compliance" means written documentation by a qualified green building professional demonstrating that a covered project will meet the green building standards for compliance listed under Section C3-53.

(i) "Green building project checklist" means a checklist or score developed for the purpose of calculating a green building rating.

(j) "Green building rating system" means the rating system associated with specific green building criteria and used to determine compliance thresholds, as set forth in green building standards for compliance under Section C3-53. Examples of rating systems include, but are not limited to, the LEED and green point rated systems.

(k) "GreenPoint Rated" means a residential green building rating system developed by the Build it Green organization.

(l) "GreenPoint Verification" means verification of compliance by a certified GreenPoint Rater, resulting in green building certification by Build it Green including green points allocation across all of the resource categories.

(m) "LEED" means the "Leadership in Energy and Environmental Design" green building rating system developed by the U.S. Green Building Council.

(n) "LEED Certification" means verification to meet the standard of Certified or better by the U.S. Green Building Council (USGBC), and resulting in LEED certification of the project by the USGBC.

(o) "Major remodel" means any remodel that exceeds the permit valuation thresholds established within the Standards for Compliance in Section C3-53.

(p) "Minor remodel" means any remodel for which the permit valuation of the construction is less than the value established for a "major remodel" per the standards for compliance in Section C3-53.

(q) "New residences" means the construction of a new single-family dwelling.

(r) "Qualified green building professional" means a person trained through the USGBC as a LEED Accredited Professional or through Build it Green as a Certified Green Point Rater, or a person with similar qualifications if acceptable to the Compliance Official.

(s) "Rebuild" means any alteration or modification to an existing building that is not a "Remodel" as defined under Ordinance Code Section C1-10.1 and thus is considered a new building.

(t) "Remodel" means any alteration or modification to an existing building that is a "remodel" as defined under Ordinance Code Section C1-10.1.

(u) "Self verify" means verification submitted by an applicant that a covered project will meet the standards for compliance under Section C3-53.

(v) "Square footage" for the purposes of calculating additional or new construction square footage means the sum of the gross horizontal areas of the several floors of a building, as measured from the rough exterior walls, or (if applicable) from the centerline of the common wall between two attached buildings. Square footage also includes the total area of any attached garage, carport, porch or similar attached structure or feature that is both (a) covered, and (b) greater than 50 percent enclosed by perimeter walls. It includes the horizontal area of an interior stairway at each of the two or more stories to which the stairway provides access. An attic space that has a minimum clearance of seven feet in each of the three dimensions for at least 70 contiguous square feet shall be included. Where the vertical distance between any floor and the ceiling above exceeds 15 feet, floor area shall be counted twice.

(Ord. No. NS-1100.105, 12-16-08)

Sec. C3-52. Applicability.

Upon the effective date of this chapter, all covered projects shall submit to the Compliance Official a completed green building project checklist but no points or certification shall be required to be achieved until July 1, 2009 or whenever the cost-effectiveness determination for this chapter is approved by the California Energy Commission, whichever comes later.

Effective July 1, 2009, or whenever the cost-effectiveness determination for this chapter is approved by the California Energy Commission (whichever comes later), all Covered Projects shall be required to meet the requirements set forth in Table I, except that no point requirements or certification shall apply to any project for which a building permit application is submitted prior to July 1, 2009

(Ord. No. NS-1100.105, 12-16-08)

Sec. C3-53. Standards for compliance.

Table I

County of Santa Clara Green Building Standards for Compliance for Private Development Single-Family Residential Construction
Type of ProjectChecklist RequiredMinimum Requirements or StandardVerification
Remodels & Additions
Minor Remodel and Addition < 500 square feet8No Requirement (Handouts and Checklists Provided)
Major Remodel1 and Addition ≥ 500 square feet7Green Point Rated Existing Home Checklist2Submit ChecklistSelf Verify
New Residences & Rebuilds
New Residence and Rebuild ≤ 1,200 square feetNo Requirements (Handouts and Checklists Provided)
New Residence and Rebuild 1,201 ≤ 3,000 square feetSingle-Family Green Point Checklist3 or LEED for Homes Checklist450 points6 or LEED CertificationGreen Point Verification or LEED Certification
New Residence and Rebuild >3,000 square feetSingle-Family Green Point Checklist3 or LEED for Homes Checklist450 points6 + 1 point per additional 100 square feet beyond 3,000 square feet5 or LEED CertificationGreen Point Verification or LEED Certification

1Major Remodel entails renovations of >$100,000 permit valuation.

2Green Point Rated Existing Home Checklist v1.0

3Single Family Green Point Checklist 2007 Edition (March 2007)

4LEED® for Homes Project Checklist (January 2008)

5For purposes of determining points required, square footage shall be rounded to the nearest whole number (in 100's), for example 149 shall be rounded down to 100 and 150 shall be rounded up to 200.

6Points shall include Green Point Rated minimum points across all resource categories.

7Requirements do not apply to Residences where the resulting square footage is 1,200 square feet or less in size.

8Additions that result in the cumulative addition of over 500 square feet within a 24-month period (application date to application date) shall not be included within this classification.

(Ord. No. NS-1100.105, 12-16-08)

Sec. C3-54. Administrative procedures.

(a) The procedures for compliance may include, but not be limited to, the following:

(1) Building plan check review. Any submittal of an application for a building permit for any covered project shall include a green building project checklist. This checklist shall be incorporated onto a separate plan sheet included with the building plans. A qualified green building professional shall provide evidence of adequate green building compliance to the compliance official to satisfy the requirements of the standards of compliance set forth in Section C3-53, prior to issuance of a building permit.

(2) Final building inspection, verification, and occupancy. Prior to final building inspection and occupancy for any covered project, a qualified green building professional shall provide evidence of green building certification, to the compliance official to satisfy the requirements of the standards of compliance set forth in Section C3-53.

(3) Final determination of compliance. Prior to final building inspection for a covered project, the Compliance Official shall review the documentation submitted by the applicant and determine whether the applicant has achieved the required compliance as set forth in the standards for compliance under Section C3-53. If the Compliance Official determines that the applicant has met the requirements of Section C3-53, the final building inspection may proceed, provided the covered project has received all other required applicable approvals. If the Compliance Official determines that the covered project has not met the requirements of Section C3-53, the Compliance Official shall find one of the following:

i. Substantial compliance. An applicant may submit evidence showing that the applicant is unable to immediately meet all of the requirements of Section C3-53 but will meet all necessary requirements within a six-month period. Upon this submission (and provided all other applicable requirements have been met) the Compliance Official may issue a temporary certificate of occupancy for a six-month period within which the applicant must meet all of the requirements of Section C3-53. Circumstances under which a temporary certificate of occupancy may be issued include, but are not limited to: installation of, or compliance with all green building measures as required under Section C3-53 but green building certification has not occurred or been processed, and the unavailability of green building materials. An additional six month extension may be granted at the discretion of the Compliance Official. The total extension term shall not exceed one year. If the applicant meets the requirements of Section C3-53 within this extension period (as determined by the Compliance Official), final building inspection may proceed. If the applicant does not meet the requirements of Section C3-53 after the total one-year extension period has run out, the Compliance Official may revoke the temporary certificate of occupancy and the project shall be classified as a non-compliance project.

ii. Non-compliance project. If the Compliance Official determines that the covered project does not meet the requirements of Section C3-53 and is not in substantial compliance (as specified above), the covered project shall be determined to be a non-compliance project, and the final inspection for this project shall not occur until the project is brought into full compliance with Section C3-53 (provided all other applicable requirements have been met).

(4) Lack of inspectors. If the Compliance Official determines that there is a lack of qualified green building professionals available to perform green building inspections and/or certifications within a timely manner, the Compliance Official may, at his or her discretion, allow inspections and/or certifications by qualified employees of the County of Santa Clara, or self verification by the applicant that the project is in compliance with Section C3-53.

(b) The Director of Planning and Development shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of this chapter. The rules and regulations shall provide, at minimum, for the incorporation of green building requirements of this chapter into checklist submittals with building permit applications, and supporting documents demonstrate compliance with this chapter.

(Ord. No. NS-1100.105, 12-16-08)

Sec. C3-55. Appeal.

(a) Any applicant or person may appeal the determination of the Compliance Officer regarding compliance with any provision of this chapter to the Director of Planning and Development. Any such appeal must be filed within 15 days of the decision by the Compliance Officer and shall be accompanied by a payment of a fee in an amount established by resolution by the Board of Supervisors.

(b) An Applicant may appeal the determination made pursuant to subsection (a) to the Board of Supervisors. Any such appeal must be filed within 15 days of the decision and be accompanied by a payment of a fee in an amount established by resolution by the Board of Supervisors.

(Ord. No. NS-1100.105, 12-16-08)

Sec. C3-56. Interaction with other regulations.

This chapter is not intended to apply where its application shall result in its preemption by federal or state laws or rules, including but not limited to conservation standards applicable to appliances and equipment, including heating, ventilating, and air conditioning ("HVAC") products and water heaters.

There are many other laws, regulations, and ordinances that apply to building design construction and maintenance and to development. The provisions of this chapter are intended to be in addition to and not in conflict with these other laws, regulations, and ordinances. If any provision of this chapter conflicts with any duly adopted and valid statutes or regulations of the federal government or the State of California, the federal or state statutes or regulations shall take precedence.

(Ord. No. NS-1100.105, 12-16-08)

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