[index]

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

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 Housing Code, 1988 Edition," published by the International Conference of Building Officials, is hereby adopted as the Housing Code for 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 Housing Code or the city housing code. Said document, as revised by this division, shall regulate the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. (Ord. No. 820 § 2; Ord. No. 1541, § l(part).)

[index]

 Sec. 6-18. Amendments, deletions and additions.

The Uniform Housing Code adopted herein by reference is hereby amended by the following additions, deletions and amendments. The numbers herein reference said Uniform Housing Code.

(a) Add the following to Section 203(a):

"The City of Davis Building Board of Appeals will serve as the Housing Advisory and Appeals Board." (Ord. No. 820, § 3; Ord. No. 1541 § l(part).)

[index]

 Sec. 6-19. Definitions.

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

Accessible attic space. A space between the roof and ceiling next below in a residential building, such that the roof slope is not less than two and one-half feet in twelve feet and the vertical clear height from the top of the bottom chord of the truss or ceiling joist to the underside of the roof sheathing at the roof ridge is at least thirty inches.

Accessible crawl space. A space between the floor and finished grade below in a residential building having a vertical clearance of at least thirty inches from the top of the finished grade to the underside of the subfloor. A raised-above-grade floor which is not atop an accessible crawl space shall be considered to be a slab-on-grade floor.

Administrator. The building official of the community development department.

ECT. An energy conservation technology, as specified in this article.

Person. An individual, partnership, corporation or association, or the rental agent of any of the foregoing.

Sale or exchange. Refers to the execution of any agreement to sell, exchange, rent or lease with an option to sell or purchase. Any such agreement entered prior to the effective date of this article is not subject to the requirements of this article.

Swimming pool or hot tub. Any artificial pool, spa, or other water containment, whether above or below the ground, not located within a completely enclosed building, which contains or is capable of containing water in excess of eighteen inches in depth.

Unit. A dwelling unit in a single-family, two-family or multifamily residence building, motel, hotel, rooming or boarding house, fraternity, sorority or similar living accommodation. (Ord. No. 820, § 4; Ord. No. 1049, § 1.)

[index]

 Sec. 6-20. Required.

No owner shall enter into an agreement to sell, exchange, rent or lease with an option to sell or purchase, nor shall any person act as a salesman, broker or agent in connection with the preparation of an agreement for the sale, exchange, rental or lease with an option to sell or purchase any unit until a certificate of occupancy or report of deficiencies has been issued by the administrator as hereinafter provided. Prior to the sale, execution of a contract of sale or of an agreement to rent or lease with an option to purchase any unit within the city, the owner or salesman, broker or agent thereof shall provide a copy of the certificate of occupancy or report of deficiencies to the prospective purchaser of such unit. The purchaser shall acknowledge receipt and the date of receipt of the certificate of occupancy or report of deficiencies on the original report or a true copy thereof.

An agreement for sale, lease with an option to purchase, or deposit receipt shall contain an express statement as follows:

This agreement is subject to an inspection of the premises by the City of Davis prior to the completion of sale. In the event that the inspection results in the issuance of a Report of Deficiencies, for which remedial costs would exceed three percent (3%) of the agreed sales price, the buyer (offerer) may unilaterally, within five (5) days of the receipt of any such Report of Deficiencies, cancel this agreement. (Ord. No. 820, § 5; Ord. No. 848, § 1; Ord. No. 1309, § 1 (part).)

[index]

 Sec. 6-21. Application; fee.

When required by this division to obtain a certificate of occupancy or report of deficiencies, the owner shall file with the administrator or salesman, broker or agent thereof a written application for a certificate of occupancy or report of deficiencies on a form to be prescribed by the administrator, accompanied by the fee therefor. (Ord. No. 820, § 6.)

[index]

 Sec. 6-22. Inspection.

Within five working days after the application is received and the owner. requests an inspection or reinspection, the administrator shall cause an inspection of the unit to be made for compliance with the city's Housing Code, the zoning ordinance and other ordinances of the city relating to health and safety standards for residences. If the unit is in compliance with such codes and ordinances, the administrator shall, within five working days of the inspection, issue a certificate of occupancy. (Ord. No. 820, § 7; Ord. No. 848, § 1; Ord. No. 1158 § 1; Ord. No. 1309 § l(part).)

[index]

 Sec. 6-22.1. Validity of report of deficiencies.

A resale report of deficiencies, issued as a result of inspection pursuant to section 6-22 of this chapter, shall remain valid until a certificate of occupancy is issued, but shall expire by time limit eighteen months after its issuance if no transaction takes place, or ninety days after the date of the transaction, if the property exchanges prior to the issuance of a certificate of occupancy. (Ord. No. 1309, § 1 (part).)

[index]

 Sec. 6-23. Contents of certificate.

The certificate of occupancy shall state:

(a) The date of issue.

(b) The legal use and occupancy of the unit.

(c) The address of the building.

(d) The name of the person to whom the certificate is issued.

(e) The certification that as of the date of the inspection, no applicable code or ordinance deficiencies were noted in the unit. (Ord. No. 820, § 8.)

[index]

 Sec. 6-24. Contents of report.

Where an inspection discloses that a unit is not in compliance with such codes and ordinances, the administrator shall, within five working days of the inspection, issue a report of deficiencies. Such report shall itemize all deficiencies and shall contain the following statement:

"NOTICE TO PROSPECTIVE PURCHASER: You are hereby advised that the residential unit described in this report has been found to have certain deficiencies which are itemized herein. You, as purchaser, will be required to correct listed deficiencies which are not corrected prior to sale of the property." (Ord. No. 820, § 7; Ord. No. 848, § 1.)

[index]

 Sec. 6-25. Fees.

The filing fee for the certificate of occupancy, report of the deficiencies or waiver from resale inspection shall be established by resolution of the city council. (Ord. No. 820, § 10; Ord. No. 949, § 2; Ord. No. 963: Ord. No. 985, § 2; Ord. No. 1422, § 1.)

[index]

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

(a) Owners may file an application, together with the fee therefor, with the administrator for exemption from the requirements of this division for sales and exchanges of units which have been inspected pursuant to this division and which have resale certificates of occupancy which have been applied for and validated. The sale or exchange shall be exempt from the requirements of this division if the following conditions are met:

(1) There are no outstanding building permits for which final inspections have not been complete for the unit since the date of the resale certificate of occupancy;

(2) There are no outstanding resale reports for which certificates of occupancy have not been validated;

(3) The prospective purchaser is informed in writing of the requirements of this division as provided in section 6-25.2;

(4) Both seller and purchaser agree in writing to waive resale inspection;

(5) The signed waiver as set forth in section 6-25.2 is filed with the administrator; and

(6) The close of escrow occurs within five years of the date of the original inspection for which a resale certificate of occupancy was issued.

(b) If the property is not eligible for exemption as provided above, by reason of subsections (a)(1) or (a)(2), the fee for exemption shall be refunded to the owner. (Ord. No. 1374 § 1; Ord. No. 1422, § 2.)

[index]

 Sec. 6-25.2 Notification of exemption; waiver.

Any agreement for sale or exchange of any unit that may be exempt from resale inspection pursuant to section 6-25.1 shall contain an express statement as follows:

City of Davis Code requires the inspection of residential units prior to completion of sale or exchange to determine compliance with the City's ordinances, including the Housing Code and Zoning Ordinance. Residential units, where close of escrow occurs within five years of the date of the original inspection for which a resale certificate of occupancy was issued, are exempt from inspection prior to sale if both seller and purchaser agree to waive the inspection in writing. Mandatory resale inspection may apply to future sales or exchanges or these premises, at which time owners or purchasers will be required to correct any deficiencies noted at the time of inspection. The date of the original inspection was , 19 , and a resale certificate of occupancy was issued for this residential unit on , 19 If you agree to waive inspection, please sign below. (Ord. No. 1374, § 2; Ord. No. 1422, § 3.)

[index]

 Sec. 6-26. Availability for inspection.

The owner shall be responsible for making the unit available for inspection by the city. (Ord. No. 820, § 11.)

[index]

 Sec. 6-27. Voluntary requests for inspection.

Nothing contained in this article shall prevent an owner or tenant from, upon payment of the fee herein provided, voluntarily requesting inspection and certification at any time for the purpose of determining whether the premises comply with law. (Ord. No. 820, § 13.)

[index]

 Sec. 6-28. Appeals.

(a) Any person aggrieved by any determination of the administrator under this article, except as provided for in subsection (b) of this section or as provided in section 6-18(d) of this article, may appeal to the housing advisory and appeals board by filing a written notice of appeal with the secretary of the housing advisory and appeals board within ten days of the determination being appealed.

(b) Any person aggrieved by any determination of the administrator relating to a zoning ordinance violation, may appeal such determination by filing a written notice of appeal as required by this city Zoning Ordinance. (Ord. No. 820, § 12.)

[index]

 Sec. 6-29. Violations.

(a) Any person who violates any provision of this article shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law.

(b) As an additional remedy, a violation of this article which threatens to be continuing in nature is hereby deemed and declared to be a public nuisance and may be abated summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. No. 820, § 14, 15.)

[index]

 Sec. 6-29.1. Findings.

(a) The electrical and natural gas energy used to power the climate control and habitability systems of residential structures is essential to the health, safety, and welfare of the people of the city and the state. The cost of energy is rapidly rising due to uncertainties about present and future supplies of natural gas, and the inability of powerplant construction to keep pace with the rising demand for electricity. Rising residential energy costs are becoming an increasing economic burden for lower- and middle-income families and persons.

(b) Almost all existing residential structures in the city and the state were constructed during a period of relative energy abundance. Therefore, most of these structures employ climate control and habitability systems which consume energy levels exceeding those which are possible if recently developed and previously existing energy conservation technologies are employed.

Significant opportunities exist for energy conservation through the application of appropriate technologies to existing residential structures. Conservation of energy in this manner would result in decreased residential energy bills and would diminish the threat to the health and welfare of residents of this state which is posed by potential future energy shortages and by pollution from additional energy generators.

(c) The housing code of the city presently does not address energy conservation in existing residential structures. The climate control and habitability systems employed in many of these structures consequently consume energy at rates which exceed those which could be obtained if the housing code did provide standards requiring the installation of appropriate energy conservation technologies. These excessive rates of energy consumption, in the face of rising energy prices, adversely affect the present and future ability of occupants of these residences to purchase the energy necessary to adequately maintain the climate control and habitability systems essential to their health and welfare. Amendment of the housing code to establish energy conservation standards as part of the housing resale inspection program is, therefore, necessary to protect the health and welfare of the occupants of housing within the city.

(d) From 1973 to 1975 the city commissioned a study which corroborated previous experimental conclusions regarding building heat gain and heat loss in the Davis microclimate. As part of said 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 95 degrees Fahrenheit; however, the nighttime minimum averages 55.3 degrees Fahrenheit. These nighttime lows are caused by thermally induced sea breeze 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 if the following conditions are met:

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

(B) The walls, floors and, most importantly, the ceilings are adequately insulated;

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

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

(2) During January, the coldest winter month, the average twenty-four hour outside temperature is 45.3 degrees Fahrenheit. On the average, Davis receives sun for fifty-six percent 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:

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

(B) Adequate south facing glass exposed to the winter sun; and

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

A study completed in August 1978 demonstrated that insulation of accessible attic space and insulation through weatherstripping are cost effective in the Davis climate.

(e) Based upon the above stated climatological and economic factors, it is determined that retrofitting of Davis residential units with adequate insulation and weatherstripping, as well as other energy conservation measures, is necessary to protect the health and welfare of the occupants of housing within the city, and that this division is enacted pursuant to such determination. (Ord. No. 1049, § 2; Ord. No. 1060, § 1.)

[index]

 Sec. 6-29.2. Purpose.

(a) The purpose and intent of this division is to prescribe, by regulation, standards which increase efficiency in the use of energy by residential structures. These standards accomplish this goal by requiring the application of appropriate energy conservation technologies to the climate control and habitability systems of these structures.

(b) It is an additional purpose of this division to authorize the expenditure of city funds determined by the city council to be necessary to encourage and assist voluntary private efforts designed to meet the objectives of this division. (Ord. No. 1049, § 2.)

[index]

 Sec. 6-29.3. Exemption.

Any unit constructed pursuant to city energy conservation standards (Ordinance No. 784, adopted October 15, 1975), or previously certified to comply with energy conservation retrofit regulations pursuant to this division, is specifically exempted from the requirements of this division. (Ord. No. 1049, § 2; Ord. No. 1309, § 1 (part).)

[index]

 Sec. 6-29.4. Energy conservation standards.

(a) On and after January 1, 1990, all nonexempt units within the city shall fully comply with the standards of either section 6-29.7 (Path I compliance) or of section 6-29.8 (Path II compliance).

(b) Prior to January 1, 1990, the sale or exchange of any nonexempt unit shall require compliance with this article by either of the following:

(1) Prior to the sale or exchange of any nonexempt unit, the seller of such unit shall provide the unit with any ECT or combination of ECT's, subject to a maximum cost limitation of seven hundred fifty dollars per unit, or in the case of multiple dwellings having more than two units, thirty-seven dollars and fifty cents per hundred square feet of habitable floor space, selected at the discretion of the seller of the unit, which meet the requirements of either Path I or Path II compliance as hereinafter set forth. If ECT's have not been provided at the time escrow is opened, the seller shall deposit funds adequate to satisfy minimum ECT cost in escrow from which payment(s) for the performance of ECT's shall be made.

(2) The owner may satisfy the requirements of this article by demonstrating to the administrator that within the preceding twelve-month period: (i) ECT's costing not less than seven hundred fifty dollars have been installed; or (ii) in the case of multiple dwellings having more than two units, the ECT's having a total cost of thirty-seven dollars and fifty cents per hundred square feet of habitable floor space have been installed. Such demonstration shall be in the form of receipts, invoices, vouchers, or other documentation satisfactory to the administrator showing actual cost of labor and materials or labor and date of installation. (Ord. No. 1049, § 2; Ord. No. 1060, § 2: Ord. No. 1158, § 2.)

[index]

 Sec. 6-29.5. Documentation of ECT installation.

(a) Prior to the sale or exchange of any unit, the record owner of such unit shall bear the responsibility of fully documenting or demonstrating to the administrator the installation of all ECTs required to comply with this division of the code. In the event that documentation or demonstration is impossible or impractical for roof, attic, wall or floor insulation installed prior to the effective date of this division, the administrator shall determine the thermal resistance of the installed insulation based on an on-site inspection of the unit. In all other cases, failure to provide adequate documentation or demonstration shall result in the denial of credit.

(b) When required by this division to document compliance, the owner shall file with the administrator a written application for a determination of compliance. Such written application shall be on a form to be prescribed by the administrator, accompanied by such fee as is established by resolution of the city council.

(c) If the administrator determines that the unit complies with the standards established by this division of the code, then such compliance shall b.e noted on the certificate of occupancy or report of deficiencies issued pursuant to divisions 2 and 3 of this article.

(d) Failure to document the installation of ECT's equal to or exceeding the standards applicable to the unit shall be shown on any report of deficiencies issued pursuant to divisions 2 and 3 of this article.

(e) All inspections and forms required by this division may within the discretion of the administrator be combined with the inspections and forms required by divisions 2 and 3 of this article. (Ord. No. 1049, § 2; Ord. No. 1060, § 2; Ord. No. 1158, § 3; Ord. No. 1309, § l(part).)

[index]

 Sec. 6-29.6. Effects of failure to comply.

In the event that any unit (except as exempted by section 6-29.3) is sold or exchanged without first being brought into compliance with this division, then the following provisions shall apply:

(a) In the event that the buyer of that unit expressly agrees in writing prior to the sale or exchange that said buyer assumes all responsibility to bring the unit into compliance with this division, then such units shall be brought into compliance by the buyer within ninety days of completion of the sale or exchange.

Failure of the buyer to comply shall be subject to the remedies set forth in section 6-29.

(b) Except as provided in subsection (a) of this section, no owner shall sell or exchange a unit, nor shall any person act as a salesman, broker or agent for such sale or exchange unless such unit has first been brought into compliance with the requirements of this division, as determined by the administrator. Violations of this subsection shall result in the following rights and remedies:

(1) The buyer shall have the option to either rescind the sale or exchange of the unit or, alternatively, to bring the unit into compliance. Under either option, the buyer shall recover from the seller, salesman, broker or agent all costs and expenses incurred, including reasonable attorneys fees.

The buyer shall determine which option is to be selected and shall notify the administrator in writing within ten days of receipt of the administrator's written notice to comply. If the buyer elects to bring the unit into compliance, such work shall be completed within thirty days following the receipt of notice to comply. Failure to complete within the prescribed time shall be a violation of this division and shall be subject to the remedies set forth in section 6-29.

(2) The city may pursue the remedies provided by section 6-29 against any seller, salesman, broker or agent of the seller who participated in such sale. (Ord. No. 1049, § 2; Ord. No. 1158, § 4.)

[index]

 Sec. 6-29.7. Path I compliance.

A unit shall be deemed in compliance with this article upon documentation of installation of all the following ECTs:

(a) Attic insulation with a minimum thermal resistance rating of R-19 over the entire accessible attic space. Units or portions of units without accessible attic space shall be exempt from this requirement.

Compliance under this section shall be designated as Path I compliance. (Ord. No. 1049, § 2; Ord. No. 1158, § 5; Ord. No. 1220, § 1, 2; Ord. No. 1439, § 1.)

[index]

 Sec. 6-29.8. Path II compliance.

(a) By March 1, 1980, or by such other date established by resolution of the city council, there shall be established by resolution an alternative standard of compliance with this article which shall be designated as Path II compliance.

(b) Path II compliance shall be an optional method of compliance whereby the owner may select from a list of ECTs or active or passive solar energy techniques which will be determined to be effective in conservation of energy. Alternatively, the owner may receive credit for ECTs or solar systems which are not included in the city-approved lists; provided, that the owner shall bear the burden of producing clear and convincing evidence of the expected annual BTU savings from such other ECTs or solar systems.

(c) The effectiveness of each approved ECT shall be expressed in estimated annual BTUs saved for an average residential structure.

(d) The total estimated annual BTUs saved for an average residential structure by installation of the ECTs required by Path I compliance shall be determined. Such determination shall be designated as "the standard."

(e) A unit shall be deemed in compliance with this article upon documentation of installation of any combination of approved ECTs or solar techniques which collectively have been assigned estimated annual BTU savings equal to or greater than the standard. (Ord. No. 1049, § 2.)

[index]

 Sec. 6-29.9. Appeals.

Appeals shall be processed in accordance with the procedures specified by section 6-28 of this code. (Ord. No. 1049, § 2.)

[index]

 Sec. 6-30. Definitions.

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

Cylinder guard. A ring surrounding the exposed portion of the lock cylinder or any other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools.

Dead bolt. A bolt which has no automatic spring action and which is operated by a key cylinder, thumb-turn or lever, and is held fast when in the projected position.

Dwelling unit. A single unit occupied for living purposes and providing complete independent facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Exterior door. Any hinged door in a wall which is exterior to the habitable area of a dwelling unit, including doors leading from garage areas to habitable areas and doors leading from common areas, such as hallways, to individual dwelling units.

Group H occupancies. Those structures used as hotels and apartment houses.

Group I occupancies. Those structures used as dwellings and lodging houses.

Rental unit. Any dwelling unit which is offered for rent, lease or hire, or which is rented, leased or hired.

Turnpiece. A manually operated metal device which, when turned in one direction, causes the bolt to move into the projected position and which, when turned in the opposite direction, retracts the bolt from the projected position. (Ord. No. 837, § 2.)

[index]

 Sec. 6-31. scope--New construction

(a) The provisions of this article shall apply to every Group H and Group I occupancy structure for which a building permit was issued after September 15, 1976, but prior to the effective date of Article V of this chapter.(3)

(b) The provisions of this article shall also apply to any existing Group H or Group I occupancy structure that undergoes additions, alterations or repairs within any twelve-month period, when such additions, alterations or repairs exceed twenty percent of the replacement value of the building. (Ord. No. 837, § 3.)

[index]

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

The owner or designated agent of the owner of all Group H and Group I occupancies which contain rental units, shall place an order for immediate delivery of the lock hardware complying with section 6-33 of this article within forty-five days of the adoption hereof.

All such Group H and Group I occupancies shall comply with the provisions of this article within sixty days of the delivery of the required lock hardware to the owner or designated agent of the owner.

The foregoing notwithstanding, dead bolt locks installed prior to the effective date of this article and having a turn-piece with a minimum throw of five-eighths of an inch shall not be required to be replaced or modified despite nonconformity with section 6-33; unless such replacement or modification is required by future ordinance or other binding regulation. (Ord. No. 837, § 4; Ord. No. 849, § 1.)

[index]

 Sec. 6-33. Specifications and requirements.

(a) Exterior doors shall have a single cylinder dead bolt lock, with a turnpiece having a minimum throw of one inch.

(b) Dead bolts shall contain a hardened core interior.

(c) Dead bolts shall have a metal-to-metal interior construction, meaning any design by which components of the lock are held together so as to prevent the easy dismemberment of the lock by the use of attacking tools. A minimum of two metal bolts connecting the front to the rear of the lock is acceptable.

3. Editor's note. Article V became effective on July 1, 1980.

(d) So that they cannot be gripped by pliers or other wrenching devices, dead bolts shall have a rotating and tapered cylinder guard.

(e) In order to prevent the forcing of the striker from the jamb, the screws used to attach the striker plate to the door jamb shall be of sufficient length to firmly anchor within the adjacent framing member. (Ord. No. 837, § 5.)

[index]

 Sec. 6-34. Responsibility for compliance.

The owner, or designated agent of the owner, shall be responsible for compliance with the specifications set forth in this article. (Ord. No. 837, § 6.)

[index]

 Sec. 6-35. Enforcement.

The provisions of this article shall be enforced by the building official. (Ord. 837, § 7.)

[index]

 Sec. 6-36. Appeals.

In order to prevent or lessen unnecessary hardship or practical difficulties in exceptional cases where it is difficult or impossible to comply with the strict letter of this. article, the owner, or designated agent of the owner, may file a written appeal with the board of building appeals. The board of building appeals may allow or deny such appeal provided, that no appeal shall be granted unless substantially equivalent security devices are provided. (Ord. 837, § 8.)

[index]

 Sec. 6-37. Alternatives.

The enforcing authority or board of building appeals may approve any alternative to the material or method of construction prescribed in this article; provided, that the enforcing authority finds that the material and proposed design is satisfactory and at least equivalent to that prescribed in this article. (Ord. No. 837, § 9.)

[index]

 Sec. 6-38. Violations.

Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law.

Each day that a violation of this article shall continue shall constitute a separate offense. (Ord. No. 837, § 10.)