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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. COUNTY BUILDING CODE*

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

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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 No. NS-1100.102, § 4, adopted December 11, 2007, repealed former Ch.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:

(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.