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Ordinance 2898CITY OF ALAMEDA ORDINANCE NO. 2898 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SUBSECTIONS 1-1(b) (APPLICABILITY), 1-7.4 (AMOUNT OF FINES), 1-12 (RECOVERY OF ADMINISTRATIVECOSTS) AN 1-13 (RIGHT OF JUICIA REVIEW) OF SECTION 1-7 (ADMINSTRATIVE CITATIONS) OF CHAPTER I (GENERA); REPEALING AN ADDING NEW ARTICLE I (UNIFORM CODES RELATING TO BUILDING HOUSING AN TECHNCAL CODES). .OF CHAPTER XII (BUIDING AND HOUSING), TO ADOPT THE 1997 EDITION OF THE UNIFORM ADMINSTRATIVE CODE THE 2001 EDITION OF THE CALIFORN BUIDING CODE , THE 2001 EDITION OF THE CALIFORNIA CODE FOR BUIDING. CONSERVATION, THE 2001 CALIFORNIA ELECTRICAL CODE , THE 2001 CALIFORN PLUMBING CODE , THE 2001 CALIFORNIA MECHANCAL CODE THE .1997 UNORM HOUSING CODE , AND THE 1997 EDITION OF THE UNORM CODE FOR THE ABATEMENT OF DANGEROUS BUIDINGS; REPEALING AN ADDING A NEW SECTION 13- (PRESERVATION OF HISTORICAL MONUENTS CULTUR RESOURCES), OF ARTICLE VII (HISTORICAL PRESERVATION); AND REPEALING AN ADDING A NEW SECTION 15-1 (ALAMEDA FIRE CODE) TO ADOPT THE 2001 EDITION OF THE CALIFORN FIR CODE AN APPROVING CERTAIN AMENDMENTS THERETO. BE IT ORDAID by the City Council of the City of Alameda that: Section 1.The Alameda Municipal Code is hereby amended by amending Subsection 1-7 .1 (b) (Applicability), Subsection 1-7.4 (Amount of Fines), Subsection 1- (Recovery of Administrative Costs) and Subsection 1-13 (Right to Judicial Review), of Section 7 (Administrative Citations), of Chapter I (General) to read as follows: Applicabiltyb. The administrative citations process set forth in this section applies to all continuing violations of this Code except Chapter VII of the Alameda Municipal Code. 1 -7.4 Amount of Fines. The amount of the fines for violations imposed pursuant to this section shall be set forth below: 1) For a first violation , a fine of Two Hundred and Fifty Dollars ($250) shall be imposed for each count; 2) For a second violation within three (3) years ofthe imposition of the first administrative fine, a fine of Five Hundred Dollars ($500) shall be imposed for each count; 3) For a third and any subsequent violation within three (3) years of the prior imposition of a administrative fine , a fine of One Thousand Dollars ($1 000) shall be imposed for each count. 1 -Recovery of Administrative Costs. a. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means. The City may also recover its collection costs , including, but not limited to , reasonable attomey s fees and court costs. b. Administrative fines and other penalties sustained by the hearing offcer are a debt owed to the City and in addition to all other means of enforcement, if the violation concems the condition of real property, may be enforced by means of a lien against real property on which the violation occurred. Failure to pay administrative fine within the time allowed under this Chapter shall constitute a violation of the Alameda Municipal Code. c. Whenever the amount of any administrative fine imposed pursuant to this Chapter in connection with real property has not been satisfied in full within ninety (90) days , this obligation may constitute a lien against any real property involved where any violation was determined to concem the condition of that real property. d. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by provisions of Section 697.340 of the Califomia Code of Civil Procedure and may b extended as provided in Sections 683.11 0 through 683.200 of the Califomia Code for Civil Procedure. e. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.f. Prior to recording any such lien , the Finance Director shall prepare and file with the City Clerk a report stating the amounts due and owing. g. The City Clerk shall fix a time , date and place for hearng such report and any protests or objections thereto by the City Council. h. The Finance Director shall cause written notice to be served on each property owner whose interest is disclosed by the current County equalized roll not less than ten (10) calendar days prior to the time set for the hearing Right to Judicial Review. Any recipient of an administrative citation who has appealed the administrative citation to the Hearing Officer may obtain review of the Hearing Offcer s decision by filing a petition for review with the appropriate Court of Alameda County in accordance with the timelines and provisions set forth in California Governent Code Section 53069.4. Section 2. Chapter XII in its entirety. The Alameda Municipal Code is amended by repealing Aricle rof Section 3.The Alameda Municipal Code is amended by adding a new Aricle I (Uniform Codes Relating to Building,Housing and Technical Codes) to Chapter XI (Building and Housing) ofthe Alameda Municipal Code to read as follows: ARTICLE I. UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES 13.ALAMEDA ADMINISTRATIVE CODE Adoption of the Uniform Administrative Code. Except as hereinafter provided, the Uniform Administrative Code , 1997 Edition, published by the Intemational Conference of Building Officials , is adopted by reference and made a part hereof as if fully set forth herein at length , and shall be known as the Alameda Administrative Code. 13-1.1 13-1.2 Code. Modifcations , Amendments and Deletions to the Uniform Administrative as follows: Section 204.1 ofthe Uniform Administrative Code , 1997 Edition, is amended to read Section 204.1 Appeals. Any person adversely affected by any written orders , decisions or determinations made by the Building Official relative to the application and interpretation of the Building Code , Plumbing Code , Mechanical Code , Electrcal Code and Fire Code or any other Alameda building regulations may appeal to the Housing and Building Code Hearing and Appeals Board. Such appeal shall be fied no later than ten (10) days following the date ofthe written decision by filing with the Planning and Building Department an appeal form specifyng the basis of the appeal. as follows: Section 204.2 of the Uniform Administrative Code , 1997 Edition, is amended to read Section 204.2 Appeal Fee. The fee for fiing an appeal shall be established by resolution of the City Council. The appeal fee shall be required to be paid at the time that the appeal application is filed with the Planning and Building Department. Appeal forms shall not be accepted without the appropriate appeal fee. as follows: Section 303.4 of the Uniform Administrative Code , 1997 Edition, is amended to read Section 303.4 Expiration. Every permit issued by the building official under provisions of the technical codes shall expire by limitation and become null and void , if the building or work authorized by such permit is not commenced within 180 days from. the date such permit , or if required inspection approvals are not received from the building official for a period of 180 days after the work is commenced , or after the previous required inspection approval was received. In no case may a permit be valid for a period greater than 36 months. Before such work can be recommenced , a new permit shall be first obtained to do so , and the fee therefore shall be based on the work remaining after the last successful required inspection , provided no changes have been made or wil be made in the original plans and specifications for such. work; .and provided fuher that such time period since the last successful required inspection has not exceeded one year. In order to renew action on a permit after expiration , the permittee shall pay a new full permit fees. A permittee holding an unexpired permit may apply for an extension of time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building offcial may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing circumstances beyond the control of the permittee have prevented action from being taken. as follows: Section 304.2 ofthe Uniform Administrative Code , 1997 Edition, is amended to read Section 304.2 The fee for permits and inspections shall be established by resolution of the City Council. The Building Offcial shall make the determination of value or valuation under any of the provisions of these codes. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work , painting, roofing, electrical , plumbing, heating, . air-conditioning, elevators , fire extinguishing systems and other pem1anent equipment. as follows: Section 304.3 of the Uniform Administrative Code , 1997 Edition, is amended to read Section 304.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 302., a Plan Review Fee shall be paid at the time of submitting plans and specifications for review. Said Plan Review Fee shall be established by resolution of the City Council. The Plan Review Fee for identical buildings in the same tract shall be twenty-five percent (25%) ofthe full Plan Review Fee. This provision is applicable only when each building is to be constructed from identical plans and specifications as approved for the original building. When plans are incomplete or changed so as to require additional plan review , an additional Plan Review Fee shall be charged. f. Section 304.2 of the Uniform Administrative Code , 1997 Edition , is amended to read as follows: Section 304.2 Investigation Fee. An investigation fee , in addition to the permit fee , shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be as established by the City Council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. g. Tables 3-, 3-, 3-, 3-, 3-, 3-, 3-G and 3-H .ofthe Uniform Administrative Code , 1997 Edition , are deleted in their entirety. Copy of Uniform Administrative Code with The Planning and Building Department A copy of the Uniform Administrative Code , 1997 Edition , has been deposited in the Office ofthe Planning and Building Deparment of the City and shall be maintained by the Building Official for use and examination by the Public. 13-1.3 13.ALAMEDA BUILDING CODE Adoption of California Building Code. Except as hereinafter provided , the Califomia Building Code , 2001 Edition , published by the Intemational Conference of Building Officials , including Appendix Chapter 3A , Division II (Detention and Correctional Facilities), Chapter 4 , Division I (Barrers for Swimming Pools , Spas and Hot Tubs), Chapter 11 , (Accessibility), Chapter 12 , Division II (Sound Transmission Control), Chapter 15 (Re-roofing), Chapter 29 (Minimum Plumbing Fixtures), Chapter 31 , Division II (Membrane Structures),Division III (Patio Covers), Chapter 33 (Excavation and Grading) is adopted by reference and made a part hereof as if fully set forth herein at length , and shall be known as the 13- Alameda Building Code. Modifcations , Amendments and Deletions to the Uniform Building Code.a. Section 104 through Section 109 ofthe California Building Code , 2001 Edition , are deleted in their entirety. 13- b. Section 213 of the Califomia Building Code , 2001 Edition , is amended by inserting the following definition of Light Frame Construction: 213 Light-Frame Construction is a type of construction whose vertical and horizontal structural elements are primarily framed by a system of repetitive wood or light gauge steel framing members , and which does not use structural concrete as floor or roof diaphragm. c. Section 302.1 ofthe California Building Code, 2001 Edition, is amended by inserting a new exemption number 2.6 to read as follows: Residential uses that do not exceed 30 percent of the floor area ofthe major use 400 square feet , whichever is greater. d. Section 310.2 of the California Building Code, 2001 Edition, is amended by inserting a new section number 310.2.4 to read as follows: 310.2.4 Storage Areas. Storage areas within or adjacent to R occupancies shall be restricted to one electrical receptacle and one electrical light unless otherwise approved by the Building Official. follows: Section 904.1 ofthe Califomia Building Code , 2001 Edition, is amended to read as Section 904.1.1 General. Fire extinguishing systems required by this Code shall be installed in accordance with the requirements of this section, except that such systems shall be installed in all buildings or structures hereinafter constrcted which: Are two (2) stories or more , irrespective of height; or 2. Are thirty- five (35) feet or more in height as that term is defined by this Code; or 3. Have a total aggregate floor area of 5 000 square feet or more; or 4. Are added to , repaired or remodeled , ifthe cost of addition, repair or remodeling is over 50% of the current assessed value of the building and meets the criteria as defined above. In the event that another section of the Alameda Building Code is more restrictive , then that section will apply. Exceptions to the above: R-3 occupancies are excluded from the automatic sprinkler system requirements of this section. Fire hose threads used in connection with fire-extinguishing systems shall be national standard hose thread or as approved by the fire department. The location of fire deparment hose connections shall be approved by the fire department. In buildings used for high-piled combustible storage , fire protection shall be in accordance with the Alameda Fire Code. f. Section 1503 of the Califomia Building Code, 2001 Edition, is amended by inserting the following ahead of the first paragraph: Section 1503 Roof Covering Requirements. Any roof installed on any structure with an occupancy classification of "R" or "shall have a fire rating of Class A, which complies with the Section 1504.1 Class A. Roof Coverings. follows: Section 1503.4 is added to the Califomia Building Code , 2001 Edition, to read as Section 1503.4 Spark Arrester. A substantially constrcted spark arester having a mesh not exceeding 1/2 inch shall be installed on all operational chimneys on any building when the building is re-roofed. follows: Section 1503.2 is added to the Califomia Building Code , 2001 Edition, to read as Section 1503.2 Roof Covering Requirements When Re-Roofing. When re-roofing any structure with an occupancy classification of "R" or ", the fire rating of the roof assembly shall be Class A , in compliance with Section 1504.i. Section 1612.1 of the California Building Code , 2001 Edition, is amended to read as follows: 1612.3.1 Basic load combinations. Where allowable stress design (working stress design) is used , structures and all portions thereof shall resist the most critical effects resulting from the following combinations ofloads: (Lr or S) (W or E11.4 ) 9D :f El1.4 + 0.75 (L (Lr or S) + (Wor EI1.4)) (12- (12- (12- (12-10) (12-11) No increase in allowable stresses shall be used with these load combinations except as specifically permitted elsewhere in this code-:and the duration of load increase permitted in Division III of Chapter 23. read as follows: Section 1612.2 of the Califomia Building Code , 2001 Edition, is amended to 1612.2 Alternate basic load combinations. In lieu of the basic load combinations specified in Section 1612., structures and portions thereof shall be permitted to be designed for the most critical effects resulting from the following load combinations. When using these alternate basic load combinations , a one-third increase shall be permitted in allowable stresses for all combinations including or but not concurent with the duration of load increase permitted in Division II of Chapter 23. (Lr or S) (Wor E/1.4) + 8/2 + 8 + W/2 + 8 + Ell. 4 9D :f El1.4 (12-12) (12-13) (12-14) (12-15) (12-16) (12-16- EXCEPTIONS: 1. Crane hook loads need not be combined with rooflive load or with more than three fourths of the snow load or one half of the wind load. 2. Design snow loads of 30 psf (1.44 kN/m 2 ) or less need not be combined with seismic loads. Where design snow loads exceed 30 psf (1.44 kN/m 2 ), the design snow load shall be included with seismic loads , but may be reduced up to 75 percent where consideration of siting, configuration and load duration warrant when approved by the building official. follows: Section 1629.4.2 ofthe Califomia Building Code , 2001 Edition, is amended to read as 4. The provisions in Sections 9.6a and 9.6b of AlSC - Seismic Part 1 shall not apply, except for columns in one-story buildings or columns at the top story of multistory buildings. Section 1630.5 is added to read as follows: 1630.5 Horizontal Distribution. Diaphragms constructed of un topped steel decking or wood structural panels or similar light-frame construction are permitted to be considered as flexible. m. Section 1630.4.2 of the Califomia Building Code , 2001 Edition, is amended to read as follows; 1630.4.2 Vertical combinations. The value of used in the design of any story shall be less than or equal to the value of used in the given direction for the story above. EXCEPTION: This requirement need not be applied to a story where the dead weight above that story is less than 10 percent of the total dead weight of the structure. Structures may be designed using the procedures of this section under the following conditions: 1. The entire structure is designed using the lowest of the lateral-force-resisting systems used, or 2. The following two-stage static analysis procedures may be used for structures conforming to Section 1629., Item 4. 1 The flexible upper portion shall be designed as a separate strcture, supported laterally by the rigid lower portion , using the appropriate values of Rand p. 2 The rigid lower portion shall be designed asa separate strcture using the appropriate values of Rand p. The reactions from the upper portion shall be those determined from the analysis of the upper portion multiplied by the ratio of the (Rip) of the upper portion over (Rip) of the lower portion. This ratio shall not be taken less than 1. n. Section 1630.1 of the California Building Code, 2001 Edition , is amended to read as follows: 1630.1 General. Where any portion of the lateral-load-resisting system is discontinuous such as for vertical irregularity Type 4 in Table 16-L or plan irregularity Type 4 in Table 16- columns, beams, trusses or slabs supporting such discontinuous systems shall have the design strength to resist the combination loads resulting from the special seismic load combinations of Section 1612.4. The Connections of such discontinued elements to the supporting members shall be adequate to transmit the forces for which the discontinuous elements were required to be desi:;ned. EXCEPTIONS: 1. The quantity Em in Section 1612.4 need not exceed the maximum force that can be transferred to the element by the lateral-force-resisting system. 2. Concrete slabs supporting light-frame wood shear wall systems or light-frame steel and wood structural panel shear wall systems. For Allowable Stress Design, the design strength may be determined using an allowable stress increase of 1.7 and a resistance factor, cD , of 1.0. This increase shall not be combined with the one-third stress increase permitted by Section 1612., but may be combined with the duration of load increase permitted in Chapter 23 , Division II. o. Section 1630.8.2.2 of the California Building Code , 2001 Edition , is amended to read as follows: 1630.2 Detailng requirements in Seismic Zones 3 and 4. In Seismic Zones 3 and ' 4 elements supporting discontinuous systems shall meet the following detailing or member limitations: 1. Reinforced concrete or reinforced masonr elements designed primarily as axial- load members shall comply with Section 1921.4.4. 2. Reinforced concrete elements designed primarily as flexural members and supporting other than light-frame wood shear wall systems or light-ftame steel and wood structural panel shear wall systems shall comply with Sections 1921.3.2 and 1921.3. Strength computations for portions of slabs designed as supporting elements shall include only those portions of the slab that comply with the requirements of these Sections. 3. Masonr elements designed primarly as axial-load carng members shall comply with Sections 2106.1.12.4 , Item 1 , and 2108.2. 4. Masonr elements designcd primarily as flexural members shall comply with Section 2108. 5. Steel elements designed primarily as flexural members or trusses shall have bracing for both top and bottom beam flanges or chords at the location ofthe support of the discontinuous system and shall comply with the requirements of AISC-Seismic Part 1" Section 9.4b. p. Section 1630.10.2 ofthe California Building Code , 2001 Edition , is amended to read as follows: 1630.10.2 Calculated. Calculated story drift using LlMshall not exceed 0.025 times the story height for structures having a fundamental period of less than 0..2-7 second. For structures having a fundamental period of 0.2. second or greater , the calculated story drift shall not exceed 020 /T 1/3 times the story height. (Note: Exceptions to remain unchanged) as follows: Section 1630.10.3 ofthe Califomia Building Code , 2001 Edition, is amended to read 1630.10.3 Limitations. The design lateral forces used to determine the calculated drift may disregard the limitations of Formula (30-6) and (30-and may be based on the period determined from Formula (30-10) neglecting the 30 or 40 percent limitations of Section 1630., Item 2.r. Section 1633.2.4 ofthe Califomia Building Code , 2001 Edition, is amended to read as follows: 1633.2.4 Deformation compatibilty. All structual framing elements and their connections not required by design to be part of the lateral-force-resisting system , shaH be designed and/or detailed to be adequate to maintain support of design dead plus live loads when subjected to the expected deformations caused by seismic forces. LJ effects on such elements shall be considered. Expected deformations shall be determined as the greater of the Maximum Inelastic Response Displacement considering LJ effects determined in accordance wi th Section 1630.2 or the deformation induced by a story drift of 0.0025 times the story height. When computing expected deformations , the stiffening effect of those elements not part of the lateral-force-resisting sys-tem shallbe neglected. For elements not part of the lateral- force-resisting system , the forces induced by the expected deformation may be considered as ultimate or factored forces. When computing the forces induced by expected deformations , the restraining effect of adjoining rigid strctures and nonstructural elements shall be considered and a rational value of member and restraint stiffness shall be used. Inelastic deformations of members and connections are permitted to occur , provided the assumed calculated capacities are consistent with member and connection design and detailing. follows: Table 16-N of the California Building Code , 2001 Edition, is amended to read as ." . TABLE 16-N -STRUCTURAL SYSTEMS BASIC SYSTEM STRUCTURAL 1. Bearing wall system 2. Building frame system 3. Moment-resisting frame system LA TERAL-FORCE-RESISTING SYSTEM DESCRIPTION 1. Light-framed walls with shear panels a. Wood structural panel walls for structures three stories or less b. All other light-fra/lr!d walls 2. Shear walls a. Concrete b. Masonry 3. Light steel-framed bearing walls with tension-only bracing 4. Braced frames where bracing carries gravity load a. Steel b. Concrete c. Heavy timber 1. Steel eccentrically bracedfrane (EBF) 2. Light-framed walls with shear panels. a. Wood structural panel wallsfor structures three stories or less b. All other light-framed walls 3. Shear walls Concrete b. Masonry 4. Ordinary braced frames a. Steel" b. Concrete c. Heavy timber 5. Special concentrically bracedfranes a. Steel 1. Special moment-resisting frame (SMRF) a. Steel b. Concrete 2. Masonry moment-resisting wall frame (MMRWF) 3. Intermediate moment-resisting frame (IMRF)' a. Steel' ConcrettJ 4. Ordinary moment-resisting frame (OMRF) a. Steel" b. Concrete 5. Special truss moment frames of steel (STMF) 4.4 6.4 HEIGHT LIMIT FOR SEISMIC ZONES AND 4 (feet) x 304.8 for /lun 160 160 160 240 240 160 35" 240 NoL. NoL. 160 35" 240 4. Dual systems I. Shear walls a. Concrete with SMRF b. Concrete with steel OMRF ot Pemitted c. Concrete with concrete IMRF d. Masonry with SMRF e. Masonry with steel OMRF ot Permitted f. Masonry with concrete IMRF g. Masonry with masonry MMRWF 2. Steel EBF a. With steel SMRF b. With steel OMRF ot Permitte 3. Ordinary braced frames ot Permitte Steel with steel SMRF Steel with steel OMRF Concrcte '\ith conercte SMR! Concrete 'Iith eoncrcte IMRF 4. Special concentrically braced frames a. Steel with steel SMRF b. Steel with steel OMRF ot Permitte 5. Steel IMRF (Not oermitted). 1. Cantievered colunn elements 6.5 5. Cantievered building systems6. Shear wall-frame interaction systems 7. ,Undefined systems column 1. Concrete See Section 1629.7 and 1629. - no limit Mt:. 160 - ;! 160 - ;!- ;!.. . 160 I See Section 1630.4 for conbination of structural systems. 2 Basic structural systems are defined in Section 1629. 3 Prohibited in Seisnic Zones 3 and 4. 4 Includes precast concrete conforning to Section 1921. 5 Prohibited in Seisnic Zoned and 4 , e ept as permitted in Section 1634. 6 In Seismic Zones 3 and 4 steel IMRFs.OMRF'and steel ordinarvbraced frames are permitted as follows: Structures usin!! SteelIMRF's and OMRF'are permitted to a heightof35 ft. where the total dead weil!ht of the floors. walls and roof do not exceed 35 psf.orfor single-story buildings where the moment Joints offield connections are constructed of bolted end plates and the dead load of the roof does not eJCeed 15psf. the height is pernitted to be increased to 60 ft. Steel ordinarv braced frames are permitted t& in penthouse structures and in other one-story buildin!!s or structures heht of35 fcct where the total dead weightofthe fioors, walls aHa roof do not exceed 15 psf and the hei!!ht ofthe buildinl! or structure does not exceed 60 feet Total height of the building including cantievered colums. " Prohibited in Seisnic Zones 2A, 2B, 3 and 4. See Section 1633.t. Section 1915.2.2 of the CalifomiaBuilding Code , 2001 Edition, is amended to read as follows: 1915.Base area of footing or number and arrangement of piles shall be determined from the external forces and moments (transmitted by footing to soil or piles) and permissible soil pressure or permissible pile capacity selected through principles of soil mechanics. External forces and moments are those resulting from the load combinations of Section 1612. follows: Section 2204 of the California Building Code , 2001 Edition , is amended to read as SECTION 2204-DESIGN METHODS Design shall be by one of the following methods. 2204.1 Load and Resistance Factor Design. Steel design based on load and resistance factor design method shall resist the factored load combinations of section 1612.2 in accordance with the applicable requirements of section 2205. 2204.2 Allowable Stress Design. Steel design based on allowable stress design methods shall resist the factored load combinations of section 1612.3 in accordance with the applicable requirements of section 2205. as follows: Section 2205.3 of the Califomia Building Code , 2001 Edition, is amended to read 2205.3 Seismic Design Provisions for Structural Steel. Steel structual elements that resist seismic forces shall , in addition to the requirements of Section 2205.2 be designed in accordance with Division IV their entirety. Divisions IV and V of Chapter 22 ofthe California Building Code are deleted in Division IV of Chapter 22 of the Califomia Building Code is added as follows: Division IV - SEISMIC PROVISIONS FOR STRUCTURA STEEL BUILDINGS. Based on Seismic Provisions for Structural Steel Buildings, of the American nstitute of Steel Construction. Parts I and HI, dated April 15, 1997 and Supplement No., dated November 10, 2000. 2210 - ADOPTION Except for the. modifications as set forth in Sections 2211 and 2212 of this division and the requirements of the Building Code , the seismic design, fabrication, and erection of strctual steel shall be in accordance with the Seismic Provisionsfor Structural Steel Buildings April , 1997 published by the American Institute of Steel Construction, I East Wacker Drive Suite 3100 , Chicago , . IL 60601 , as if setout at length herein. The adoption of Seismic Provisions for Structural Steel Buildings in this Division, hereinafter referred to as AISC- Seismic , shall include Parts I (LRFD), and In (ASD)7 and Supplement No., dated November 10 , 2000. Where other codes , standards , or specifications are referred to in this specification , they are to be considered as only an indication of an acceptable method or material that can be used with the approval of the Building Offcial. 2211 - DESIGN METHODS When the load combinations from Section 1612.2 for LRFD are used , structural steel buildings shall be designed in accordance with Chapter 22 Division II (AISC-LRFD) and Part I of AISC-Seismic as modified by this Division. When the load combinations from Section 1612.3 for ASD are used , structural steel buildings shall be designed in accordance with Chapter 22 Division II (AISC-ASD) and Par III of AISC-Seismic as modified by this Division. SECTION 2212 - AMENDMENTS The AISC-Seismic adopted by this Division apply to the seismic design of structural steel members except as modified by this Section. The following terms that appear in AISC-Seismic shall be taken as indicated in the 1997 Uniform Building Code. AISC-Seismic Seismic Force Resisting System 1997 Uniform Building Code Lateral Force Resisting System Design Basis Ground MotionDesign Earthquake Load Combinations. (4-1) (4- LRFD Specification Section Eqs. (A4- through (A4- Chapter 16. (12-17) (12-18) respectively Chapter 16 Eqs. (12-1) through (12- respectively 1. Part I, Sec. 1. of the AISC Seismic Provisions is revised as follows: 1. SCOPE These provisions are intended for the design and constrction of strctural steel members and connections in the Seismic Force Resisting Systems in buildings for which the design forces resulting from earthquake motions have been determined on the basis of various levels of energy dissipation in the inelastic range of response. These provisions shall apply to buildings in Seismic Zone 2 with an importance factor I greater than one , in Seismic Zone 3 and 4 or when required by the Engineer of Record. These provisions shall be applied in conjunction with, Chapter 22 , Division II, hereinafter referred to as the LRFD Specification. All members and connections in the Lateral Force Resisting System shall have a design strength as provided in the LRFD Specification to resist load combinations 12-1 through 12-6 (in Chapter 16) and shall meet the requirements in these provisions. Part I includes a Glossary, which is specifically applicable to this Part , and Appendix S. 2. Part I, Sec. 4., first paragraph ofthe AISC Seismic Provisions is revised as follows: 1 Loads and Load Combinations The loads and load combinations shall be those in Section 1612.except as modified throughout these provisions. y. Division II of Chapter 23 of the Califomia Building Code , 2001 Edition, is amended to read as follows: Part I-ALLOWABLE STRESS DESIGN OF WOOD This standard, with certain exceptions, is the ANSI/NFoPA NDS-National Design Specification for Wood Construction of the American Forest and Paper AssociatiQn, 1997 Edition, and the Supplement to the 1997 Edition , National Design Specifcation, adopted by reference. The National Design Specification for Wood Constrction 1997 Edition, and supplement are available from the American Forest and Paper Association , 1111 19th Street, NW , Eighth Floor , Washington , DC , 20036. SECTION 2316 - DESIGN SPECIFICATIONS 2316.1 Adoption and Scope. The National Design Specification for Wood Construction 1997 Edition (NS), which is hereby adopted as a part of this code , shall apply to the design and (remainder of section to remain unchanged) as follows: Delete Item 5. And amend Item 7 as follows: Portland cement plaster on studs spaced 16 inches on center installed in accordance with Table No. 25-1. Limited to one story structure ofR-3 and occupancies Section 2320.11.3 ofthe Califomia Building Code , 2001 Edition , is amended to read Findings. Subdivision ( c) of Section 13-2 are based upon the following finding: Pursuant to Section 17958.11 ofthe Californa Health and Safety Code , the Council finds that the modification of the Califomia Building Code , 2001 Edition , contained in subdivision (c) of Section 13-, is necessary to permit the conversion of existing commercial or industrial buildings to "joint living and work quarters. Pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code , the City Council finds that the modifications of the California Building Code , 200 I Edition, containedin subdivisions (a), (b) and (d) through (z) of Section 13-2.2 , are reasonably necessary because of 13- certain local climatic , geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island community with access dependent upon bridges and underwater tubes and , in the event of a disaster, could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earhquake faults , which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three aqueducts , which are vulnerable to earthquake and tidal flooding. d. Alameda is a low-lying island community with soil and groundwater conditions , which are corrosive to metals. Alameda has very fine , sandy soil conditions. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. Copy of California Building Code with Planning and Building Department. A copy ofthe California Building Code , 2001 Edition , has been deposited in the Office of the Planning and Building Department ofthc City and shall be maintained by the Building Official for use and examination by the public. 13-2.4 13.ALAMEDA BUILDING CONSERVATION CODE Adoption of California Code for Building Conservation. Except as hereinafter provided , the Californa Code for Building Conservation , 2001 Edition published by the International Conference of Building Officials and the Califomia Building Standards Commission, including Appendix Chapter 1 , Chapter 5 and Chapter 6 , is adopted by reference and made a part hereof as if fully set forth herein at length , and shall be known as the Alameda Building Conservation Code. 13- Modifications, Amendments, and Deletions to the California Code for Building Conservation.a. Section 201 through Section 207 of the Uniform Code for Building.Conservation 200 1 Edition , are deleted in their entirety. 13- 13-Copy of California Code for Building Conservation with Planning and Building Department. A copy of the California Code for Building Conservation , 2001 Edition, has been deposited in the Offce of the Planning and Building Department of the City and shall be maintained by the Building Official for use and examination by the public. 13.4 ALAMEDA ELECTRICAL CODE Adoption of California Electrical Code. Except as hereinafter provided , the CalifomiaElectrcal Code , 2001 Edition, published by the National Fire Protection Association is adopted by reference and made a part hereof as if fully set forth herein at length , and shall be know as the Alameda Electrcal Code. 13- Modifcations, Amendments and Deletions to the California Electrical Code. a. Aricle 230-, Raceway Seal , of the California Electrical Code , 2001 Edition , is amended by adding the following: 13- Raceways or ducts within the underground box shall also be sealed. b. Aricle 230-, Point of Attachment , ofthe Californa Electrcal Code , 2001 Edition, is amended to read as follows: Unless special permission is granted in advance to do otherwise , the location ofthe point of service drop support or attachment on a building shall be at that portion of the building facing and nearest to the street , alley, easement , or public way on which is located the utility pole having facilities for rendering service of the type required to fit the needs of the particular installation involved. The point of attachment shall be the portion of the service conduit adjacent to the service head. The service conduit shall be securely fastened to structure served and space provided for attachment of a service drop strain clamp by the serving utility. The outer or upper end of the overhead service conduit shall not overhang or project horizontally more than eighteen inches (18") beyond the last point at which the conduit is supported and fastened. In cases where it is necessary to obtain the required height for support of the service drops by extending the service conduit above the roof ofthe building, only rigid metallc conduit shall be used for this purpose and shall not be smaller than one and one-quarter inches (1 1/4" trade size , not to extend more than thirty inches (30") beyond the last support for periscope service without brace. If nonferrous metal conduit is used , it shall not be smaller than two inches (2" c. Aricle 230-, Insulation , of the Califomia Electrical Code , 2001 Edition , is amended by deleting the exceptions and adding the following: Service entrance conductors entering buildings or other structures shall be insulated. Conductors installed in underground raceways shall have XHHW, THW or other suitable insulation as listed in 75 E column of Table 310-16 of the National Electrical Code. d. Aricle 230-, Insulation of Service Entrance Conductors , ofthe California Electrical Code , 2001 Edition, is amended by deleting Exception (d) and adding the following: Ends of service conductors in underground boxes shall be sealed to prevent entrance of moisture. e. Aricle 230-, Wiring Methods for 600 Volts , Nominal , or Less , ofthe California Electrical Code , 2001 Edition, is amended to read as follows: Except when installed as busways or cablebus , all service entrance conductors in or on buildings shall be installed in rigid metal conduit or intermediate metal conduit Service entrance conduits installed to supply single and duplex family units shall not be smaller than one and one-quarter inch (11/4") trade size. f. Aricle 230-, Protection Against Physical Damage - Underground, ofthe Californa Electrical Code , 2001 Edition, is amended by adding the following: Underground service entrance conductors shall be installed in rigid metal conduit or rigid non-metallic conduit sized not smaller than two inches (2"). On utility poles conduit risers shall be rigid non-metallic up to a height above grade of eight feet (8' g. Aricle 230-, Connections at Service Head , ofthe Californa Electrcal Code, 2001 Edition, is amended by adding the following: The service head shallbe located on that portion of the building served which is facing the serving line. The service head shall be located at that height which will allow for the proper clearance ofthe service drop over street , curb , and sidewalk.. This wil require that the service head for residential occupancies be not less than twelve feet, six inches (12') above the driveway where the drops may cross a private driveway, and not less than ten feet , six inches (10') above the ground where persons may walk, other than a public walk, which requires a clearance of sixteen feet (16') above the curb. If the height of the building involved is such that these clearance heights cmIDot be maintained , then a periscope-type service or some other auxiliary structure shall be resorted to. In the event that a periscope-type service is used , it may be placed on the side of the building served not more than eighteen inches (18") back of the wall which is facing the serving line. h. Aricle 230-, General , (a) Location , ofthe California Electrcal Code , 2001 Edition is amended to read as follows: The service disconnecting means shall be located at a readily accessible point nearest to the entrance of the service conductors , and in residential property shall be accessible from the exterior, except where a meter room is provided. Such service disconnecting means shall not be installed under show windows , or in the cases of multiple occupancies , in any location not readily accessible to all parties concemed. Service disconnecting means shall not be installed in bathrooms. i. Aricle 230-, Maximum Number of Disconnects , ofthe Californa Electrcal Code 2001 Edition , is amended to read as follows: A separate service disconnecting means shall be provided for each separately metered subdivision of the service conductors. Switches or circuit breakers accessible from the exterior ofthe building shall be limited to one for each meter; in new construction however exceptions will be granted in cases involving provisions for the installation of major household appliances , provided that the over current devices are contained within a single panel board assembly approved for the purpose , in which case the number of circuits shall be limited to six (6). More than six (6) disconnects wil require a main disconnect. The service disconnecting means shall have provisions for locking each sub service disconnect in the Off' position with a utility-type seal. j. Arcle 240-, Location in or on Premises , (b) Occupant to Have Ready Access , Qf the Califomia Electrical Code , 2001 Edition, is amended by adding the following: In new installations , not more than two feeder or branch-circuit over current devices shall be installed on the load side of any meter in any meter cabinet opening to the exterior of a building. For a larger number of over curent devices , a distribution center shall be provid€d at a suitable location within the building. Exceptions to this rule wil be granted in cases involving provision for the installation of major household appliances , provided that the over current devices are contained within a single panelboard assembly approved for the purpose. In apartment houses and other buildings of multiple occupancy, branch circuit over curent devices which are located in an apartment or portion of the building intended to be separately occupied by a tenant wil not be considered as being readily accessible if they protect circuits supplying any outlets or equipment not for this exclusive use of this tenant. The over current device may be located in a commonly accessible location , but all circuits supplying individual apartments in multifamily dwellings shall be confined to each individual apartment served. Aricle 250-104 (b) (c), Bonding of Piping Systems , of the Califomia Electrical Code 2001 Edition, is amended by adding the following: General. Interior and exterior hot and cold water system shall be bonded to the neutral buss and the interior gas piping. Such connection shall not be located in under-the-floor crawl spaces , except by permission of the Building Offcial. I. Aricle 250-50 ( c) , Grounding Electrode System , of the California Electrical Code 2001 Edition , is amended by adding the following: The concrete encased electrode described in 250-50 (c) shall be installed during the construction of all new buildings as the primary ground and when new foundations are constructed for existing buildings. A ground rod electrode shall be installed at the service entrance location at time of alteration or installation of service to existing buildings as a primary grounding means. m. Aricle 300-, Conductors , (c) Conductors of Different Systems , of the Califomia Electrical Code , 2001 Edition, is amended by adding the following: (3) Conductors Supplied by Individual Disconnecting Means in Two or More Occupancy Buildings. Conductors or circuits derived from a sub-service disconnecting means for an occupancy shall not occupy the same wiring enclosure , cable , or raceway with conductors for other occupancies. Exception 1. Emergency circuit wiring Exception 2. Group-mounted service boards in single enclosures and auxiliary gutters at service switchboard location. Aricle 320 of the Califomia Electrcal Code , 2001 Edition , is deleted. o. Article 336-, Uses Permitted , of the California Electrical Code , 2001 Edition, is amended by adding the following: (1) Nonmetallic-sheathed cable may be used in the hollow spaces of walls and ceilings of wood frame construction and must be concealed by the permanent finish ofthe building. It is limited to use on circuits not exceeding 300 volts between conductors or 150 volts to ground. p. Aricle 336-6( c), In Unfinished Basements , ofthe California Electrical Code , 2001 Edition , is amended by adding the following: In wood frame construction where cable is not exposed to physical damage , the cable shall either be run through bored holes injoists , parallel to joist , or on girders or rumling boards and shall closely follow the vertical surface of such members. Where cable is exposed to physical damage , a metal-clad system of wiring shall be used in the unfinished area of the building. q. Aricle 338-, Uses Permitted as Service-Entrance Conductors , of the California Electrical Code , 2001 Edition , is deleted. r. Aricle 348-, Use , of the California Electrical Code , 2001 Edition , is amended by adding the following: Electrical metallic tubing shall not be used in the ground floor slab or in any location where it would be in contact with the ground. 13-Findings. Subdivisions (a) through (r) of Section 13-2 are based upon the following findings: Pursuant to Sections 17958.5 and 17958.7 ofthe Californa Health and Safety Code , the City Council finds that the modifications of the California Electric Code , 2001 Edition , contained in subdivisions (a) through (r) of Section 13-, are reasonably necessary because of certain local climatic , geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island community with access dependent upon bridges and underwater tubes and , in the event of a disaster, could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earthquake faults , which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three aqueducts , which are vulnerable to earthquake and tidal flooding. d. Alameda is a low-lying island community with soil and groundwater conditions , which are corrosive to metals. Alameda has very fine , sandysoil conditions. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. g. Electrical power in the City of Alameda is provided by Alameda Power and Telecom , a City owned and operated municipal utility, which has the authority to regulate acceptable materials arrangement , location and type of service equipment. Copy of California Electrical Code with Planning and Building Department. A copy ofthe California Electrical Code , 2001 Edition, has been deposited in the Office of the Planning and Building Department ofthe City and shall be maintained by the Building Official for use and examination by the public. 13-4.4 13.ALAMEDA PLUMBING CODE Adoption of California Plumbing Code. Except as hereinafter provided, the Californa Plumbing Code , 2001 Edition, published by the International Association of Plumbing and Mechanical Offcials , including Appendix Chapters A through E , and G-A through J and L, is adopted by reference and made a part hereof as if fully set forth herein at length , and shall be known as the Alameda Plumbing Code. 13- Modifcations, Amendments and Deletions to the Uniform Plumbing Code.a. Section 101.3 through Section 103.8 of the Califomia Plumbing Code, 2001 Edition are deleted in their entirety. 13- follows: Section 609.3 of the Uniform California Code , 2001 Edition, is amended to read as Section 609.3 Water piping shall not be installed in or under a concrete floor slab within a building. follows: Section 719.7 of the California Plumbing Code , 2001 Edition , is added to read as Section 719.7 A property line cleanout shall be placed at the junction of the building sewer and the street lateral whenever a new building sewer is installed or when more than fifty percent of any building sewer is replaced or repaired. Such cleanout shall be installed by the use of an approved cast iron double cleanout fitting. A cast iron riser shall also be required to be extended to grade. 13-Findings. Subdivisions (b) and (c) of Section 13-2 are based upon the following findings: Pursuant to Sections 17958.5 and 17958.7 ofthe CalifomiaHealth and Safety Code , the City Council finds that the modifications of the Califomia Plumbing Code , 2001 Edition, contained in subdivisions (b) and ( c) of Section 13-, are reasonably necessary because of certain local climatic geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island community with access dependent upon bridges and underwater tubes and , in the event of a disaster, could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earthquake faults , which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three aqueducts , which are vulnerable to earthquake and tidal flooding. d. Alameda is a low-lying island community with soil and groundwater conditions which are corrosive to metals. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. 13-5.4 Department A copy ofthe California Plumbing Code , 2001 Edition, has been deposited in the Offce of the Planning and Building Department of the City and shall be maintained by the Building Offcial for use and examination by the public. Copy of California Plumbing Code with the Planning and Building 13.ALAMEDA MECHANICAL CODE Adoption of California Mechanical Code. Except as hereinafter provided, the California Mechanical Code , 2001 Edition, including Appendix Chapter A, published by the International Association of Plumbing and Mechanical Offcials , is adopted by reference and made a part hereof as if fully set forth herein at length , and shall be known as the Alameda Mechanical Code. 13- Modifcations , Amendments and Deletions to the Mechanical Code.a. Section 104 through Section 118 of the California Mechanical Code , 2001 Edition are deleted in their entirety. 13- Copy of California Mechanical Code with Planning and Building Department. A copy of the California Mechanical Code , 2001 Edition, shallbe deposited in the Office of the Planning and Building Department of the City and shall be maintained by the Building Official for use and examination by the public. 13- 13.ALAMEDA HOUSING CODE Adoption of Uniform Housing Code. Except as hereinafter provided, the Uniform Housing Code, 1997 Edition , published by the International Conference of Building Offcials , is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Housing Code. 13- 13-Modifications, Amendments and Deletions to the Uniform Housing Code. Section 104 of the Uniform Housing Code , 1997 , is deleted in its entirety. Section 203 of the Uniform Housing Code , 1997 , is deleted in its entirety. c. Section 1101 through Section 1104 of the Uniform Housing Code , 1997 Edition are deleted in their entirety. d. Sections 1201 through 1204 of the Uniform Housing Code, 1997 Edition, are deleted in their entirety. e. Sections 1301 through 1305 ofthe Uniform Housing Code , 1997 Edition, are deleted in their entirety.f. Sections 1501 and 1502 ofthe Uniform Housing Code , 1997 Edition, are deleted in their entirety. g. Sections 1601 through 1602 of the Uniform Housing Code , 1997 Edition, are deleted in their entirety. Copy of Uniform Housing Code with Planning and Building Department. A true copy of the Uniform Housing Code , 1997 Edition , has been deposited in the office of thc Planning and Building Department of the City and shall be maintained by the Building Official for use and examination of the public. 13- 13.ALAMEDA CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Adoption of Uniform Code for the Abatement of Dangerous Buildings. Except as hereinafter provided , the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition , published by the International Conference of Building Officials is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Code for the Abatement of Dangerous Buildings. 13- Modifcations, Amendments and Deletions to the Uniform Code for the Abatement of Dangerous Buildings.a. Section 103 of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition, is deleted in its entirety. . , 13- b. Section 204 and Section 205 of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition, are deleted in their entirety. c. Section 401 through Section 404 of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition, are deleted in their entirety. d. Section 501 through Section 504 of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition , are deleted in their entirety. e. Section 601 through Section 605 of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition , are deleted in their entirety.f. Section 801 and Section 802 of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition, are deleted in their entirety. g. Section 901 through Section 912 ofthe Uniform Code for the Abatement of Dflngerous Buildings , 1997 Edition , are deleted in their entirety. Copy of Uniform Code for the Abatement of Dangerous Buildings with Planning and Building Department. A copy of the Uniform Code for the Abatement of Dangerous Buildings , 1997 Edition , has been deposited in the Offce of the Planning and Building Department of the City and shall be maintained by the Building Offcial for use and examination by the Public. 13- Section 3.The Alameda Municipal Code is hereby amended by repealing Section 13-21 (Preservation of Historical Monuments) of Aricle VII (Historical Preservation) of Chapter XII (Building and Housing), in its entirety. Section 4.The Alameda Municipal Code is amended by adding a new Section 13- 21 (Preservation of Historical and Cultural Resources) of Aricle vn (Historical Preservation) of Chapter XII (Building and Housing) to read as follows: ARTICLE VII. HISTORICAL PRESERVATION 13-21. PRESERVATION OF HISTORICAL AND CULTUR RESOURCES 13-21.1 Purpose. The purpose ofthis section is to promote the educational , cultural , and economic welfare of the City by preserving and protecting historical structures , sites , parks , landscaping, streets , and neighborhoods which serve as visible reminders ofthe history and cultural heritage of the City, State or Nation. Furhermore , it is the purpose of this chapter to strengthen the economy of the City by stabilizing and improving property values in historic areas , and to encourage new buildings and developments that will be harmonious with the existing buildings and neighborhoods. 13-21.2 Definitions. Alteration shall mean any addition, or exterior modification , improvement, repair, or replacement of character defining elements , which alter or change the original materials or appearance of a historical resource , including but not limited to , massing, roof forms , porches , finish materials , windows , and decorative details. The addition and alteration of awnings and signs , excluding historically designated signs , or interior modifications , improvements and repairs are not included in this definition. Character defining shall mean distinctive features , finishes and constrction technques or examples of craftsmanship that characterize and architectural style or historic property. Demolition shall mean the removal within a five (5) year period of more than thirt (30% ) percent of the value of any designated strcture or building, as determined by the Building Offcial. Historical Monument shall mean any site , including significant trees or other plant life located thereon, building, structure , portion of a structure , or group of structures of particular historic significance to the City, such as historic structures or sites in which the broad cultural, political economic or social history of the Nation, State or community is reflected or exemplified , or which are identified with historic personages or with important events in the main currents of national State or local history, or which embody the distinguishing characteristics of an architectural type specimen , inherently valuable for a study of a period , type or method of construction, or a notable work of a master builder, designer or architect. Historical Building Study List shall mean that list of structures that are contained in the document titled Architectural and Historical Resources of the City of Alameda, dated and filed with the City Clerk. Removal shall mean the relocation of any structure or building from one location to another , as well as the removal of designated plaques , trees and plantings , and natural features. Structural alteration shall mean removal or alteration of the original foundation or structural elements such as floors , staircases , beams , columns , trsses or load bearng brick or stone walls. This shall not repair or replacement. 13-21.3 Duties of the Historical Advisory Board. Adopt rules and procedures for the transaction of its duties and business. b. Take all steps necessary to preserve Historical Monuments which are not in conflict with the health, safety and general welfare of the general public , or the powers and duties ofthe City, or its several boards , officers or departments. Such steps may include recommendation that civic and citizens ' committees be created; recommendation that private funds for the acquisition or restoration of such monuments be established; and recommendations that such monuments be acquired by a governental agency where private acquisition is not feasible. c. Review the historical building study list pursuant to criteria and procedures which shall be developed and adopted by the Board , and subject to the prior notification of the property owner. Any such revisions shall also be fied with the City Clerk. d. Investigate and make recommendations to the City Council on the use of grants from Federal and State agencies , private foundations , or individuals , and any other funding mechanisms available to implement or carr out provisions ofthis chapter. e. Participate in, promote , and conduct public informational , educational, and interpretive programs which increase public awareness and appreciation of historical resources in the City, including such activities as recommending commendations for private historic preservation efforts , the designation of honorary heritage areas , and other education programs identified in the Historic Preservation Element ofthe General Plan.f. Make any recommendation to the City Council in connection with the exercise of its powers and duties which it determines is necessary to implement or carr out the spirit and intent of this section. 13-21.4 Procedure for Designation of Historical Monuments The Historical Advisory Board shall: a. Inspect and investigate any site , building, structure or group of structures , areas of special character , or special historical architectural , or aesthetic interest or value in the City which it has reason to believe meets the one or more of the criteria for Historical Monument designation. b. Consider the property of an owner who feels that his/her propert should be designed or undesignated a Historical Monument and who requests that the Board study his/her property and who submits supporting documentation with the request. c. Recommend to the City Council that such sites , buildings , structures or group of structures be designated or undesignated an Historical Monument. Recommendations shall contain a brief description ofthe site, building, structure , or significant horticultural development, the reasons for each recommendation, and a brief report on the consultation with the owner: 1. At least ten (10) days prior to the City Council taking any action to designate or undesignate any property as an Historical Monument provide notification in the following maner: post at least one (1) notice on the property involved , mail a notice to the property owner and any tenants of the property, and all other property owners within three hundred (300') feet of the subject property as shown on the latest assessment roll , and any other parties that have requested notification. 2. The City Council's action shall be transmitted to the City Clerk and Recreation and Parks , Public Works and Fire Departments of the City. Notice that a property is a Historical Monument with special rights and limitations shall be recorded for each affected property with the Offce of the County Recorder of Alameda County. 13-21.5 Procedure for Preservation of Historical and Cultural Monuments. a. Permit Restrictions; Notifcation to Board of Request. No building, structure, group of structures , or site , including trees or plantings , that has been designated a Historical Monument shall be demolished , removed or altered without first referrng the matter to the Historical Advisory Board for a Certificate of Approval, except where the Building Offcial or his/her designee detenTines that demolition , removal or alteration . of any such building, structure or site is immediately necessary in the interest of the public health , safety or general welfare. In cases where immediate action is necessar to protect the public health , safety or general welfare , the Building Offcial or his/her designee shall , after prior consultation with the Secretary to the Historical Advisory Board , order those actions which will have the least detrimental effect on the affected historical resource( s). The Building Official and the City Manager or hislher designee shall notify the Historical Advisory Board in writing within two days of any request he/she receives for any such action. Certifcate of Approval. 1. Alterations. The Historical Advisory Board shall determine whether to issue Certificate of Approval for repairs and alterations of Historical Monuments , with or without conditions of approval , based on whether plans and specifications meet the standards established by the Historical Advisory Board and the Secretary of the Interior s standards for rehabilitation and guidelines for rehabilitating historic buildings. 2. Demolition. The Historical Advisory Board shall determine whether to issue a Certificate of Approval for demolition , with or without conditions of approval , based on whether it finds that the Historical Monument no longer meets the criteria therefore , or has become a detriment to the community and that the condition making it a detriment cannot readily be cured. 3. Removal. The Historical Advisory Board shall determine whether to issue a Certificate of Approval for the removal , with or without conditions of approval based on whether it finds that the site to which the Historical Monument wil be moved contains the appropriate architectural or cultural context. 4. Applications for any permit to demolish , alter or remove Historical Monuments shall be submitted to the Planning and Building Deparment and referred to the Historical Advisory Board for consideration. For purposes ofreview by the Historical Advisory Board , applications shall be deemed to be complete unless the Secretary of the Historical Advisory Board notifies the applicant to the contrary within the time limits specified by State law. 5. The Historical Advisory Board shall take no more than one hundred eighty (180) days from the date the application was deemed complete to take action on the application. 6. Any interested person may appeal a decision of the Board to issue or deny a Certificate of Approval by fiing a written appeal within ten (10) days ofthe Board' action to the City Council. The City Council shall reverse the decision oftheBoard only if it finds , upon the evidence of qualified sources , that the Historical Monument is incapable of earning an economic retum on its value. If the Council so finds it may grant the appeal. 7. Certificates of Approval shall be valid for a period ofthree (3) years from the date of approval. Notice of hearing before the Historical Advisory Board shall be given by postal card or letter mailed to owners , as shown on the latest assessment roll , of all properties within three hundred (300') feet of the subject property. Maintenance of Historical Resources 1. Every Historical Monument , contributing structure in a district designated as a Historical Monument or resource listed on the Historical Building Study List shall be maintained in good repair by the owner in order to preserve all character defining elements against decay and deterioration. 2. An Interim Stabilization Plan shall be submitted for acceptance by the Planning and Building Director in consultation with the Building Official for any Historical Monument , contributing structure in a district designated a Historical Monument or resource listed on the Historical Building Study List damaged by fire , earthquake flood or other Act of God, to prevent further deterioration of the structure. The Interim Stabilization Plan shall be submitted no more than 30 days after the resource was damaged and shall be implemented to the satisfaction of the Planning and Building Director. The Interim Stabilization Plan shall contain , at a minimum, a condition assessment of the building and a weatherization plan , or any other information deemed pertinent by the Planning and Building Director. 3. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior feature that does not involve a change in design, material or appearance. d. Delegation of Powers. The Historical Advisory Board may by resolution delegate its review powers on specific projects , or categories ofprojects , to the.Board Secretar upon makng the specific finding that such delegation is necessary to facilitate and streamline the review process , and after approving appropriate guidelines to be followed by the Board Secretary. 13-21.6 Designation of Historic Signs. a. The Historical Advisory Board shall be responsible for the designation of signs of historic merit , which makes them exempt from other provisions ofthe sign regulations as provided by subsection 30-15s ofthe Municipal Code. The Board shall adopt guidelines for the designation and preservation of such signs. b. Any interested pary may appeal the decision of the Board by filing a written appeal within ten (10) days ofthe Board's action to the City Council. 13-21.7 Interim Review. a. Any building that was constrcted prior to 1942 shall not be demolished or removed without the approval of a Certificate of Approval issued by the Historical Advisory Board. The age of the building shall be determined by a review of the City records. b. No protected structure shall be demolished or removed without the approval of a Certificate of Approval issued by the Historical Advisory Board. Protected structures shall mean non-building resources listed on the Historical Building Study List. No protected tree shall be removed without the approval of a Certificate of Approval from the Historical Advisory Board. Protected trees shall include: the Palm trees in the public right of way on Burbank Street and Portola Avenue; any street tree on Thompson and Central Avenues; and any Coastal Live Oak (quercus agrfolia) with a ten (10) inch or greater diameter measured 4. feet above the ground. Applicants shall submit an arb ori st' s report in a case where the health ofthe tree is the reason for the requested removal ofthe tree , or a contractor s report in a case where damage to foundation or other structures is the reason for the requested removal of the tree. Any street tree shall be replaced , at the applicant's expense , to the satisfaction of the Public Works Director. Any oak tree shall be replaced with a minimum of two oak trees of 1 0 gallon size or larger to the satisfaction of the Planning and Building Director. d. Appeals. Any interested person may appeal a decision of the Board to issue or deny a Certificate of Approval by filing a written appeal within ten (10) days to the City Council. The City Council shall reverse the decision of the Board only if it finds , upon the evidence of qualified sources , that the historical resource is incapable of earning an economic return on its value. If the Council so finds it may grant the appeal. e. Validity of Certificate of Approval. Certificates of Approval shall be valid for a period of three (3) years from the date of approval.f. Notification. Notice of a hearing before the Historical Advisory Board shall be given by postal card or letter mailed to owner , as shown on the latest assessment roll , of all properties within three hundred (300') feet ofthe subject property. 13-21.8 Acquisition of Property and Money Restricted. This Historical AdvisOlY Board shall have no power or right to acquire any property for or on behalf of itself or the City; nor shall it acquire or hold any money for itself or on behalf ofthe City, except that it may collect fines , fees and other monies , and expend funds , as specified in Section 2-339 of the City Charter and approved by the City Council. 13-21.9 Applicabilty of State Code(s). a. Historical Building Code. The Historical Building Code applies to all those strctures designated as Historical Monuments and listed on the Historical Building Study List. b. Califomia Environmental Quality Act. The actions ofthe Historical Advisory Board are subject to the provisions of the California Environmental Quality Act. c. Permit Processing and Streamlining. Applications to the Historical Advisory Board are subject to the Permit Streamlining Act in State law. 13-21.10 Penalties a. Any violation of this section or failure to comply with a condition of approval of any Certificate of Approval or permit issued pursuant to this section constitutes a violation ofthe Alameda Municipal Code. b. The removal or demolition of any contributing stmcture in a district designated a Historical Monument or main building, or other designated structure such as water towers , coach houses or landscaping, listed on the Historical Building Study List without prior approval of a Certificate of Approval shall result in a five year stay in the issuance of any building permit or construction-related permit for any new construction at the site previously occupied by the historic resource. For the purposes ofthis section , the date of demolition shall be the date the City first was advised of the removal or demolition, unless the property owner can demonstrate an earlier date. The removal or demolition shall be presumed to have occurred on the date the City has actual knowledge ofthe removal or demolition , and the owner shall have the burden of proving an earlier date , if entitlement to an earlier date is claimed. The owner shall have the affirmative obligations to submit a landscape plan or other site maintenance plan to the satisfaction of the- Planning and Building Director and to maintain such landscaping or implement the maintenance plan and to prevent the accumulation of debris and waste on the property during this period. The site shall not be used as a private or commercial parking lot. c. The removal or demolition of a Historical Monument shall result in the requirement to restore the resource to its appearance prior to the violation to the extent such restoration is physically possible to the satisfaction of the Planning and Building Director. Section 4.The Alameda Municipal Code is hereby amended by repealing Section 15-1 (Alameda Fire Code) of Chapter XV (Fire Prevention) in its entirety. Section 5.The Alameda Municipal Code is hereby amended by adding a new Section 15-1 (Alameda Fire Code) to Chapter XV (Fire Prevention) to read as follows: 15.ALAMEDA FIRE CODE Adoption of the California Fire Code. Except as hereinafter provided , the Califomia Fire Code , 2001 Edition , including Appendix Chapters I-, I-, I-C, II-, II-, II-C, II-, II-, II-, II-, II-, II-, II-, II-, II-, II-, II- , III-, III-, IV-, IV-, V-, VI-, VI-, VI-, VI-, VI-, VI-, VI-, VI-J and the Uniform Fire Code Standards published by the International Fire Code Institute , being paricularly the 1997 Edition thereof and the whole thereof, is adopted by reference and made a part hereof as if fully herein at length , and shall be known as the Alameda Fire Code. 15-1.1 15-1.2 Modifications, Amendments and Deletions to the California Fire Code. a. Section 105 ofthe California Fire Code , 2001 Edition , is amended by adding a new 105.1.1 to read as follows: Section 105.1.l Permit Fees . The fees for permits and inspections shall be established by resolution of the City Council. b. Section 6.1 of Appendix I-A of the California Fire Code , 2001 Edition, is amended to read as follows: 1 General.Dwelling units and hotel or lodging house guest rooms. that are us for sleeping purposes shall be provided with smoke detectors. Detectors shall be installed and maintained by the owner(s) in accordance with the approved manufacturer s instructions. 15-1.3 Findings Subdivision (b) of Section 15-1.2 is based upon the following findings: Pursuantto Sections 17958.5 and 17958.7 ofthe California Health and Safety Code , the City Council finds that the modifications of the California Fire Code , 2001 Edition , contained in subdivision (b) of Section 15-1.2 , is reasonably necessary because of certain local climatic geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island communty with access dependent upon bridges and underwater tubes and , in the event of a disaster , could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earthquake faults , which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three aqueducts which are vulnerable to earthquake and tidal flooding. d. Alameda is a low-lying island community with soil and groundwater conditions which are corrosive to metals. e. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. 15-1.4 Copy of California Fire Code With City Clerk. A true copy of the California Fire Code , 2001 Edition, has been deposited in the office ofthe City Clerk of the City and shall be maintained by the Clerk for use and examination of the public. 15-1.5 Enforcement Offcer. Any Chief, Assistant Chief or other Fire Department personnel assigned to the Fire Prevention Bureau of the City Fire Department shall be an enforcement officer. Establishment and Duties of the Bureau of Fire Prevention.a. The Alameda Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Alameda which is established and which shall be operated under the supervision of the Chief of the Fire Department. 15-1.6 b. The Chief in charge of the Bureau of the Fire Prevention shall be appointed by the Chief ofthe Fire Department. c. The Chief ofthe Fire Deparent may detail such members ofthe Fire Deparent inspectors as shall from time to time be necessary. The Chief of the Fire Departent shall recommend to the City Manager the employment of technical inspectors , who , when such authorization is made , shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. 15-New Materials, Processes or Occupancies Which May Require Permits. The Building Offcial , the Chief ofthe Fire Department , and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard , any new materials , processes or occupancies for which permits are required in addition to those now enumerated in said Code. The Chief ofthe Bureau of Fire Prevention shall post such list in a conspicuous place in his offce , and distribute copies thereofto interested persons. Appeals. Whenever the Chief disapproves an application or refuses to grant a permit applied for , or when it is claimed that the provisions ofthe Alameda Fire Code do not apply or that the true intent and meaning of the Alameda Fire Code have been misconstrued or wrongly interpreted , the applicant may appeal from the decision ofthe Chiefto the Housing and Building Code Hearngs and Appeals Board , within thirty (30) days from the date of the decision of the Chief. 15-1.8 Section 6 If any section , subsection , sentence , clause or phrase of this ordinance , for any reason , held invalid or unconstitutional , such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda herby declares that it would have passed this ordinance , and each section , subsection sentence , clause or phrase hereof, irrespective of the fact that anyone or more sections , subsections sentences , clauses or phrases be declared unconstitutional. Section 7.All former ordinances or pars thereof conflcting or inconsistent with the provisions of this ordinance hereby adopted , to the extent of such conflict only, are hereby repealed. Section 8.The City Clerk ofthe City of Alameda is hereby directed to cause this ordinance to be published in the Offcial Newspaper of the City of Alameda Section 9.This ordinance and the rules , regulations , provisions , requirements orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after the date of its final passage and adoption. Attest: WJJo Lara Weisiger, City Cle Chapter130rd- the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 15t day of April , 2003 by the following vote to wit: AYES:Councilmembers Daysog, De Witt, Kerr , Matarrese , and Mayor Jolmson - 5. NOES:None. ABSENT:None ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this day of April , 2003. Lara Weisiger, City Clerk' City of Alameda