CHAPTER 6. BUILDINGS.

Article 1. In General.

§ 6-1. Adoption by reference of Uniform Building Code, 1988 Edition, together with appendices.

§ 6-2. Definition of terms.

§ 6-3. Limitation on liability of city.

§ 6-4. Amendments, deletions and additions.

§ 6-5. Finding and declaration.

§ 6-6. Compliance with chapter.

§ 6-7. Violations and penalties.

§ 6-8. Severability of chapter. 
  Article II. Energy Conservation Standards for Alterations and Remodels to Residential Structures that Increase the Glazing and Not the Conditioned Floor Area.

§ 6-9. Findings.

§ 6-10. Definitions.

§ 6-11. Mandatory features.

§ 6-12. Insulation standards.

§ 6-13. Minimum performance standards--Adoption.

§ 6-14. Methods of compliance to be established by resolution.

§ 6-15. Administration and enforcement.

§ 6-16. Repealed.

Article IIA. Flood Damage Prevention Standards. Division 1. Statutory Authorization; Findings of Fact; Purpose and Methods.

§ 6-16.1-1. Statutory authorization.

§ 6-16.1-2. Findings of fact.

§ 6-16.1-3. Purpose.

§ 6-16.1-4. Methods of reducing flood losses. Division 2. Definitions.

§ 6-16.2-0. Interpretation of language.

§ 6-16.2-1. Appeal.

§ 6-16.2-2. Area of shallow flooding.

§ 6-16.2-3. Area of special flood hazard.

§ 6-16.2-4. Base flood.

§ 6-16.2-5. Basement.

§ 6-16.2-6. Development.

§ 6-16.2-7. Flood or flooding.

§ 6-16.2-8. Flood Boundary and Floodway Map.

§ 6-16.2-9. Flood Insurance Rate Map (FIRM).

§ 6-16.2-10. Flood Insurance Study.

§ 6-16.2-11. Floodplain or flood-prone area.

§ 6-16.2-12. Floodplain management.

§ 6-16.2-13. Floodplain management regulations.

§ 6-16.2-14. Floodproofing.

§ 6-16.2-15. Floodway.

§ 6-16.2-16. Highest adjacent grade.

§ 6-16.2-17. Lowest floors.

§ 6-16.2-18. Manufactured home.

§ 6-16.2-19. Manufactured home park or subdivision.

§ 6-16.2-20. Mean sea level.

§ 6-16.2-21. New construction.

§ 6-16.2-22. One-hundred-year flood or 100-year flood.

§ 6-16.2-23. Person.

§ 6-16.2-24. Remedy a violation.

§ 6-16.2-25. Riverine.

§ 6-16.2-26. Special flood hazard area (SFHA).

§ 6-16.2-27. Start of construction.

§ 6-16.2-28. Structure.

§ 6-16.2-29. Substantial improvement.

§ 6-16.2-30. Variance.

§ 6-16.2-31. Violation. Division 3. General Provisions.

§ 6-16.3-1. Lands to which this article applies.

§ 6-16.3-2. Basis for establishing the areas of special flood hazard.

§ 6-16.3-3. Compliance.

§ 6-16.3-4. Abrogation and greater restrictions.

§ 6-16.3-5. Interpretation.

§ 6-16.3-6. Warning and disclaimer of liability.

§ 6-16.3-7. Severability. Division 4. Administration.

§ 6-16.4-1. Establishment of development permit.

§ 6-16.4-2. Designation of the floodplain administrator.

§ 6-16.4-3. Duties and responsibilities of the floodplain administrator. Division 5. Provisions for Flood Hazard Reduction.

§ 6-16.5-1. Standards of construction.

§ 6-16.5-2. Standards for utilities.

§ 6.16.5-3. Standards for subdivisions.

§ 6-16.5-4. Standards for manufactured homes.

§ 6-16.5-5. Floodways. Division 6. Variance Procedure.

§ 6-16.6-1. Appeal board.

§ 6-16.6-2. Conditions for variances. Article III. Housing. Division 1. Uniform Housing Code.

§ 6-17. Adoption by reference of Uniform Housing Code 1988 Edition.

§ 6-18. Amendments, deletions and additions. Division 2. Certificates of Occupancy; Reports of Deficiencies.

§ 6-19. Definitions.

§ 6-20. Required.

§ 6-21. Application; fee.

§ 6-22. Inspection.

§ 6-22.1. Validity of report of deficiencies.

§ 6-23. Contents of certificate.

§ 6-24. Contents of report.

§ 6-25. Fees.

§ 6-25.1. Exemption from provisions of housing resale inspection ordinance; waiver.

§ 6-25.2. Notification of exemption; waiver. Division 3. Inspections; Appeals; violations.

§ 6-26. Availability for inspection.

§ 6-27. Voluntary requests for inspection.

§ 6-28. Appeals.

§ 6-29. Violations. Division 4. Energy Conservation Retrofit Regulations.

§ 6-29.1. Findings.

§ 6-29.2. Purpose.

§ 6-29.3. Exemption.

§ 6-29.4. Energy conservation standards.

§ 6-29.5. Documentation of ECT installation.

§ 6-29.6. Effects of failure to comply.

§ 6-29.7. Path I compliance.

§ 6-29.8. Path II compliance.

§ 6-29.9. Appeals. Article IV. Dead Bolt Locks.

§ 6-30. Definitions.

§ 6-31. Scope--New construction.

§ 6-32. Same--Rental units; exceptions.

§ 6-33. Specifications and requirements.

§ 6-34. Responsibility for compliance.

§ 6-35. Enforcement.

§ 6-36. Appeals.

§ 6-37. Alternatives.

§ 6-38. Violations. Article V. Building Security--New Construction.

§ 6-39. Definitions.

§ 6-40. Enforcement.

§ 6-41. Reserved.

§ 6-42. Violations and penalties.

§ 6-43. Alternate materials and methods of construction.

§ 6-44. Appeals.

§ 6-45. Keying requirements.

§ 6-46. Garage type doors--Rolling overhead, solid overhead, swinging, sliding or accordian styles.

§ 6-47. Windows and sliding glass doors.

§ 6-48. Special residential building provisions.

§ 6-49. Special commercial building provisions.

§ 6-50. Tests. Article VI. Fire Detection Systems--Installation in Existing Dwelling Units.

§ 6-51. Definitions.

§ 6-52. Findings.

§ 6-53. Installation of fire detection systems.

§ 6-54. Time of compliance.

§ 6-55. Exemptions.

§ 6-56. Violations. Article VII. Uniform Code for the Abatement of Dangerous Buildings.

§ 6-57. Adoption of Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition.

Article I. In General.

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 Sec. 6-1. Adoption by reference of Uniform Building Code, 1991 Edition, together with appendices.

That certain document, one copy of which is on file in the office of the building official of the city, being marked and designated as "Uniform Building Code, 1991 Edition," together with appendix chapters 11, 32 and 49, as published by the International Conference of Building Officials, as hereinafter amended, is hereby adopted as the building code of the city pursuant to section 50022.1 et seq. of the Government Code of the state of California.

Said document may be referred to as the Uniform Building Code or the city building code. Said document, as revised by this chapter, shall regulate the erection, construction, enlargement, occupancy, alteration, repair, moving, removal, demolition, conversion, equipment, use, height, area and maintenance of all buildings and structures, except as set forth in this article. (Ord. No. 597, § 1; Ord. No. 725, § 1; Ord. No. 1125, § 1; Ord. No. 1349, § 1; Ord. No. 1536, § 1 (part); Ord. No. 1659, § 1.)

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 Sec. 6-2. Definition of terms.

Wherever any of the names or terms defined in this article are used in the Uniform Building Code, each term or name shall have the meaning ascribed to it in this section:

"Jurisdiction" shall mean the city of Davis, California.

All other names or terms shall apply to the appropriate officer of the city. (Ord. No. 547, § 1; Ord. No. 725, § 1; Ord. No. 1125, § 1.)

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 Sec. 6-3. Limitation on liability of city.

This chapter imposes no liability or responsibility on the city for damages resulting from defective buildings; nor shall the city or any official or employee thereof be held as assuming any liability or responsibility by reason of the inspection authorized by this chapter. (Ord. No. 725, § 1.)

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 Sec. 6-4. Amendments, deletions and additions.

The Uniform Building Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this chapter. The section numbers herein reference said Uniform Building Code:

(1) APPLICATION FOR PERMITS. Section 301(a) is hereby

amended by addition of a second paragraph to read as follows:

"The permittee who shall be the owner of the property where improvements for which the permit is to be issued or the general contractor who has assumed the prime contract shall be responsible for obtaining all permits required for completion of improvements shown on drawings accompanying application for a building permit."

(2) EXEMPTED WORK. Section 301(b)(2) is hereby amended to read as follows:

"Fences not over seven (7) feet high."

(3) FEES. Table 3-A is hereby amended to read as follows:

"All fees shall be fixed by resolution of the City Council."

(4) SPECIAL INSPECTION FEES. Section 304(g) is hereby added to read as follows:

"SPECIAL INSPECTION FEES. Special inspections of buildings or structures to be moved into or within the City of Davis or special inspections necessary for change of occupancy in existing buildings, as required by section 308, shall be charged at a rate fixed by resolution of the City Council."

(5) Repealed.

(6) AUTOMATIC FIRE EXTINGUISHING SYSTEMS. Section 3802(b), ALL OCCUPANCIES EXCEPT GROUP R DIVISION 3 AND GROUP M, is hereby amended as follows:

"5. In every building, except for Group R, Division 1, in which the total floor area of all floors is 5,000 square feet or more, or any building 25 feet or more in height from grade or any building which is three or more stories regardless of height.

Notwithstanding other provisions of this Code, this rule shall be applied to alterations, repairs, additions, and changes of occupancy to existing buildings as follows:

a. Where there is no change of occupancy, alterations or repairs not increasing floor area, total height, or number of stories of an existing building may be made without making the entire building comply with this Chapter.

b. Whenever, after the date of adoption of this Ordinance, an addition or the sum of additions made to an existing building or structure increases the floor area or height by more than ten percent (10%) of the existing building or increases the number of stories beyond two, the entire building or structure shall comply with this Chapter.

c. Whenever, after the date of adoption of this Ordinance, an addition or the sum of additions made to an existing building increases the floor area or height by ten percent (10%) or less or increases the number of stories to no more than two shall not require the entire existing building or structure to comply with this Chapter.

d. No change shall be made in the character of occupancy or use of any existing building or structure unless the entire building or structure is made to comply with this Chapter.

EXCEPTION: The character of the occupancy of existing building may be changed subject to the approval of the Building Official and the Fire Chief, and the building may be occupied for purposes in other occupancy groups without conforming to all the requirements of this Chapter or the Building Code for those groups, provided the new or proposed use is not more hazardous, based on life and fire risk, than the existing use.

No change in the character of occupancy of a building shall be made without a Certificate of Occupancy, as required by this Code.

The Building Official may issue a Certificate of Occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this Chapter and provisions of the Building Code."

(7) EXHIBITION AND DISPLAY ROOMS. Section 3802(c)(3) of the Building Code is hereby amended to read as follows:

"3. Exhibition and Display Rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than 5,000 square feet of floor area which can be used for exhibition or display purposes.

(8) GROUP B, DIVISION 2 OCCUPANCIES. Section 3802(d) of the Building Code is hereby amended to read as follows:

"An automatic sprinkler system shall be installed in retail sales rooms classed as Group B, Division 2 Occupancies where the floor area exceeds 5,000 square feet on all floors and when the building is more than two stories in height. The area of mezzanines shall be included in determining the areas where sprinklers are required."

(9) Awnings. Section 4506(b) is hereby amended to add the following exception number 2 to read as follows:

"Exception 2. An awning that utilizes electrical fixtures shall be constructed of flame retardant materials." (Ord. No. 725, § 1; Ord. No. 949, § 1; Ord. No. 963, § 1; Ord. No. 985, § 1; Ord. No. 1125, § 1; Ord. No. 1182, § 1; Ord. No. 1429 § 1; Ord. No. 1536 § l(part); Ord. No. 1659, §§ 2--4.)

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 Sec. 6-5. Finding and declaration.

As required by the Health and Safety Code of the state of California, the council of the city of Davis finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to said Health and Safety Code are reasonably necessary because of local conditions in that they adopt the 1991 Edition of the Uniform Building Code in lieu of the 1988 Edition, prescribe local fee schedules, and make other changes in said code consistent with a comprehensive building program for the city. (Ord. No. 725, § 1; Ord. No. 1125, § 1; Ord. No. 1536, § 2; Ord. No. 1659, § 5.)

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 Sec. 6-6. Compliance with chapter.

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove or demolish, convert, equip, use or occupy, maintain any building or structure, or any portion thereof, in the city contrary to, or in violation of this chapter or the Building Code adopted by this chapter, or to cause, permit or suffer violations. (Ord. No. 725, § 2.)

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 Sec. 6-7. Violations and penalties.

Any person, firm or corporation violating, or causing or permitting to be violated, any portion of the provisions of this chapter or the Building Code adopted by this chapter, is guilty of a misdemeanor offense for each day and every day, or portion thereof, during which any violation is committed, continued or permitted, and upon conviction shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both. (Ord. No. 725, § 2.)

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 Sec. 6-8. Severability of chapter.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and each section or subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, clauses or phrases be declared invalid. (Ord. No. 725, § 2.) Article II. Energy Conservation Standards for Alterations and Remodels to Residential Structures that Increase the Glazing and Not the Conditioned Floor Area.

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 Sec. 6-9. Findings.

(a) The people of the state of California face the likelihood of a major energy shortfall and the certainty of rapidly rising energy costs due to uncertainties about present and future supplies of natural gas, and the inability of power plant construction to keep pace with the rising demand for electricity. Energy demand for the heating and cooling of residential structures has been rising faster than demand in other sectors and rising household energy bills are becoming an increasing economic burden for lower and middle income families.

(b) The state of California has adopted building regulations which set energy use standards under the provisions of the California Administrative Code, title 20, chapter 2, subchapter 4, article 1 and title 24, part 2, chapter 2-53. The latest version of these regulations became effective on July 1, 1988. These standards are much improved and will make an important contribution to enhancing the new housing throughout the state, but due to the unique characteristics of the Davis climate, the state regulations as now written are deemed to be inadequate for use in the city.

(c) The city, under the authority of City Ordinances No. 784 and subsequently No. 1173, has enforced energy conservation performance standards since January 1, 1976. These standards have been proven to save energy while allowing innovation and flexibility. The implementation tools for these standards have been proven effective yet simple and are well understood by the city staff and local builders.

(d) The new state standards do not restrict glazing in alterations and remodels when conditioned floor area is not increased. This allows unlimited addition of glazing, including skylights, which would permit the use of much more energy during both the summer and winter seasons.

(e) Better minimum performance levels can be required in Davis than provided for by the state code without unduly restricting designs and raising costs, or requiring new technology.

(f) The city, through its building department, enforces the Uniform Building Code, the latest edition adopted and amended by the state of California in title 24, part 2 of the California Administrative Code.

(g) From 1973 to 1975 the city commissioned a study which extensively studies the performance of actual buildings in Davis. Both the thermal performance and actual energy use were examined.1.

It was found that:

(1) Some dwellings became dangerously hot (100-110øF) in the summer due to direct solar heat gains through large east or west facing windows, while identical dwellings with north or south facing windows remained comfortably cool (75-80øF) and, therefore, used substantially less energy for cooling.

(2) Dwelling units with south windows exposed to winter sun were significantly warmer during the winter (over 10øF warmer on cold, sunny days) and used significantly less energy for heating than dwelling units with windows facing other directions.

(3) Some dwelling units with windows on only one side had no through ventilation and would not cool at night even on cool, windy, summer evenings, thereby requiring expensive cooling system operation.

(h) As part of the abovementioned study, the Davis climate was examined in light of the needs for energy conservation and the following findings were made:

(1) The daytime maximum temperature during July, the hottest month of the year, averages 95øF; however, the nighttime minimum averages 55.3øF. These nighttime lows are caused by thermally induced sea breezes originating over the Pacific Ocean which flow into portions of the Central Valley through the Carquinez Straits.

These local climatic factors were found to all but eliminate need for summertime air conditioning in residential buildings if the following conditions are met:

(i) The windows are protected from direct solar radiation;

(ii) The walls, floors and ceilings are adequately insulated;

(iii) Adequate thermal storage capacity is provided within the structure; and

(iv) Cross-ventilation for summer nighttime cooling is provided.

1. Jonathan Hammon, Marshall Hunt, Richard Cramer and Loren

Neubauer, A Strategy for Energy Conservation (1974).

2. University of California Agriculture Extension Service,

The Climate of Yolo County (1971).

(2) During January, the coldest winter month, the average 24-hour outside temperature is 45.3øF. On the average, Davis receives sun for fifty-six percent (56%) of the time possible during the five winter months. The frequency and duration of winter sunshine is such that the need to heat residential buildings is substantially reduced if the following conditions are met:

(i) The walls, floors and ceilings are adequately insulated;

(ii) Adequate south-facing glass exposed to the winter sun is provided; and

(iii) Adequate thermal storage capacity is provided within the insulated shell of the structure.

(3) The average annual percent of possible sunshine is 79 with seven months of the year having more than eighty percent (80%) of possible sunshine with the worst month being January with forty-five percent (45%) possible sunshine.

(i) Due to the above stated factors, it has been found that:

(1) Better minimum performance levels can be required in Davis than provided for by the State code without unduly restricting designs and raising costs, or requiring new technologies.

(2) The new State standards allow modification of existing buildings with unlimited glazing which results in an increased use of energy during both the winter and summer months. (Ord. 1522 § 4(part).)

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 Sec. 6-10. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Alteration. Any change, addition or modification in construction or occupancy.

ASHRAE. The American Society of Heating, Refrigerating and Air Conditioning Engineers.

Building Envelope. The elements of a building which enclose conditioned spaces and through which thermal energy may be transferred to or from the exterior.

Conditioned Floor Area. The floor area of conditioned space on all floors, including basements, intermediate floor tiers, and penthouses, measured from the exterior faces of exterior walls and the exterior face of walls separating conditioned and unconditioned spaces. Conditioned floor area does not include covered walkways, open roofed-over areas, porches, pipe trenches, exterior terraces or steps, chimneys, roof overhangs, parking garages, unheated basements, and closets for central gas forced air furnaces.

Conditioned Space. The space within a building which is provided with a heat supply or a method of cooling.

East-Facing. Oriented to within 22« degrees of true east.

Glazing. All transparent or translucent materials in exterior openings.

Glazing Area. The area of glazing in exterior openings, including the sash area.

Gross Floor Area. The floor area of space on all floors including basements, intermediate floor tiers, and penthouses, measured from the exterior faces of exterior walls. "Gross floor area" does not include covered walkways, open roofed-over areas, porches, pipe trenches, exterior terraces or steps, chimneys, roof overhangs, parking garages and unheated basements.

Shading. As applied to buildings of occupancy R other than apartment houses with four or more stories and hotels, is protection from direct solar radiation by use of devices affixed to the structure.

Shading Coefficient. The ratio of the solar heat gain through a glazing system corrected for external and internal shading to the solar gain through an unshaded single light of double strength sheet glass under the same set of conditions.

Skylight. Any opening in the roof surface which is glazed with a transparent or translucent material.

South-Facing. Oriented to within 22« degrees of true south.

Thermal Resistance (R). The means of the resistance of a material or building component to the passage of heat in hr-ft2F./Btu

Tinted Glazing. Glazing material which is permanently tinted or permanently surface coated by the manufacturer and provides a maximum shading coefficient as hereinafter specified.

Unconditioned Space. Space within a building which is not conditioned space.

U-Value (Overall Coefficient of Thermal Transmittance). The heat flow rate through a given construction assembly, air-to-air, expressed in Btu/hr-ft2 F.

West-Facing. Oriented to within 22« degrees of true west. (Ord. 1522 § 4(part).)

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 Sec. 6-11. Mandatory features.

Mandatory features will be as required by the applicable state code requirements. (Ord. 1522 § 4(part).)

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 Sec. 6-12. Insulation standards.

Standards pertaining to the type, installation and amount of insulation required shall be adopted by resolution. The resolution will be restrictive as the relevant state standards. (Ord. 1522 § 4(part).)

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 Sec. 6-13 Minimum performance standards--Adoption.

(a) The city hereby adopts minimum standards for energy conservation in residential dwellings that are to be altered or remodeled within the city and result in an increase of glazing area without increasing the conditioned floor area. These standards shall apply when the above modifications are made to all existing residential structures containing less than four stories which are designated R-1 and R-3 in the Uniform Building Code.

(b) The minimum standards are that alteration(s) to the dwelling shall not increase the annual energy consumption in source btus/square feet. (Ord. 1522 § 4(part).)

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 Sec. 6-14. Methods of compliance to be established by resolution.

Standard methods for calculating the performance of a proposed structure to determine compliance with the standards of this article shall be adopted by resolution of the city council. (Ord. 1522 § 4(part).)

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 Sec. 6-15. Administration and enforcement.

(a) The provisions of this article and the resolution establishing the methods of compliance shall be administered by the building official of the city.

(b) No building permit shall be issued by the building official for any structure subject to this article unless such structure is found to be in compliance with the standards hereby established. (Ord. 1522 § 4(part).)

Input and suggestions are always welcome at
webmeister@www.city.davis.ca.us

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