Earlier editions: 2026-09
Gilroy Municipal Code Art. II Building Code Amendments
Gilroy Municipal Code · 2026-10 edition · updated 2026-10-04 · Gilroy
Cite as: Gilroy Municipal Code Article II · Text as of 2026-10-04
§ 6.6. Adoption.¶
(a) This article shall be known and cited as the Gilroy building safety code.
(b) The following codes are hereby adopted by reference for the City of Gilroy:
(1) The 2025 California Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendix J. Amendments, if any, are set forth in section 6.7(a). The 2025 California Building Code shall be designated and referred to as the “building code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(2) The 2025 California Residential Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendix BG. Amendments, if any, are set forth in section 6.7(b). The 2025 California Residential Code shall be designated and referred to as the “residential code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(3) The 2025 California Electrical Code, published by the National Fire Protection Agency and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Annexes A, B, C, D, and F. Amendments, if any, are set forth in section 6.7(c). The 2025 California Electrical Code shall be designated and referred to as the “electrical code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(4) The 2025 California Mechanical Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(d). The 2025 California Mechanical Code shall be designated and referred to as the “mechanical code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(5) The 2025 California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices A, B, C, D, I, and M. Amendments, if any, are set forth in section 6.7(e). The 2025 California Plumbing Code shall be designated and referred to as the “plumbing code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(6) The 2025 California Energy Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices 1-A and 1-B. Amendments, if any, are set forth in section 6.7(f). The 2025 California Energy Code shall be designated and referred to as the “energy code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(7) The 2025 California Historical Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(g). The 2025 California Historical Building Code shall be designated and referred to as the “historical building code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(8) The 2025 California Existing Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendices A1, A2, A3, and A5. Amendments, if any, are set forth in section 6.7(h). The 2025 California Existing Building Code shall be designated and referred to as the “existing building code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(9) The 2024 International Property Maintenance Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. The adoption includes Appendix A. Amendments, if any, are set forth in section 6.7(i). The 2024 International Property Maintenance Code shall be designated and referred to as the “property maintenance code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(10) The 2024 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(j). The 2024 International Swimming Pool and Spa Code shall be designated and referred to as the “swimming pool and spa code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(11) The 2025 California Green Building Standards Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, also known as the CALGreen Code, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this chapter as though fully set forth herein. Amendments, if any, are set forth in section 6.7(k). The 2025 California Green Building Standards Code shall be designated and referred to as the “green building standards code” for the City of Gilroy. There is one (1) copy of said code on file in the office of the building official for use and examination by the public.
(Ord. No. 2025-06, § 4, 8-18-2025)
§ 6.7. Amendments.¶
(a) Amendments to the Building Code.
(1) Amend Section 1.8.4.2 to read as follows:
| 1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee Schedule. |
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(2) Amend Section 105.7 to read as follows:
| 105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official. |
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(3) Amend Section 109.2 to read as follows:
| 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required by the currently adopted City of Gilroy Comprehensive Fee Schedule. |
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(4) Amend Section 109.4 to read as follows:
| 109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by the current City of Gilroy Comprehensive Fee Schedule approved by the city council. |
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(5) Add Section 109.7 to read as follows:
| 109.7 Plan review fees. When a plan review requires a plan checking fee, the fee shall be paid at the time of submitting plans, calculation and specifications for checking. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee may be charged as deemed necessary by the building official at an hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city council. |
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(6) Add Section 110.7 to read as follows:
| 110.7 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official. |
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(7) Amend Section 402.5 as follows: Delete exception.
(8) Amend Section 403.3 as follows: Delete exception.
(9) Amend Section 404.3 as follows: Delete all exceptions.
(10) Amend Section 410.6 as follows: Delete all exceptions.
(11) Amend Section 903.2 to read as follows:
| 903.2 Where Required. Approved Automatic sprinkler system in new and existing buildings and structures shall be provided in the locations as set forth in the Gilroy Fire Code and the California Fire Code. If any conflicts occur between the California Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall prevail. |
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(12) Amend Section 1505.1.3 to read as follows:
| 1505.1.3 Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall comply with Section 507.1 of the 2025 Wildland-Urban Interface Code. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. |
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(13) Add Section 1505.1.4 to read as follows:
| 1505.1.4 Roofing. Class A roof covering shall be required for all Hillside Construction. |
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(14) Amend Section 1705.3 Exception 1 to read as follows:
| 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based upon a specified compressive strength, f'c , no greater than 2,500 pounds per square inch (psi) (17.2 MPa). |
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(15) Amend Section 1808.1 by adding the following to the end of the section to read as follows:
| All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect. |
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(16) Adopt the following Appendix: Appendix J—Grading.
(17) Add subsections to Section J110, Erosion Control, to read as follows:
| Section J110.3 Erosion Control. |
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| a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information: |
| 1. Maximum surface runoff from the site as calculated using the method approved by the Building Official. |
| 2. A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and methods of applying mulches to be used. |
| 3. A delineation and brief description of vegetative measures to be taken, including but not limited to, seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a schedule for maintenance and upkeep. |
| b. No improvements planned. Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must: |
| 1. Submit an Interim Plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved. |
| 2. Submit a request for release after the completion of grading. |
| c. Work Schedule. The applicant must submit a master work schedule showing the following information: |
| 1. Proposed grading schedule. |
| 2. Proposed conditions of the site on each July 15, August 15, September 15, and October 15 during which the permit is in effect. |
| 3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion control devices and vegetative measures on each of the dates set forth in Subsection (2) . |
| 4. Schedule for construction of final improvements, if any. |
| 5. Schedule for installation of permanent erosion and sediment devices where required. |
| d. Season Work (October 15 to April 15). |
| 1. For commencement of the grading during the wet season, applicant must provide special documentation, as required by Building Official, showing the reasons other than financial, for the need to commence at that time. |
| 2. For continuation of activities, other than installation, maintenance or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive in writing from the Building Official, every five (5) working days, special permission to proceed. |
| 3. The Building Official shall grant permission under this subsection on the basis of weather forecasts, experience and other pertinent factors, which indicate the activity, may occur without excessive erosion occurring. |
| Section J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance. |
| Section J110.5 Archeological Discovery. If in the course of any grading operation, any artifacts, human remains, or substantial fossils are discovered, all grading operations shall cease, and the discovery site shall be suitably marked and protected from further damage. A report of such findings shall be as outlined in the Zoning Ordinance. Specifically, if human remains are discovered, the Sheriff-Coroner and the Building Official shall be notified. If no human remains are discovered, but artifacts or significant fossils are discovered, the Building Official shall be notified. |
| J110.6 Administration and Enforcement. |
| J110.6.1 Work Stoppage. Whenever the Building Official determines that the work does not comply with the terms of the permit or of this Ordinance Section, they may order the immediate cessation of all work hereunder until such corrective measures have been completed. |
| J110.6.2 Right of Entry. Whenever the Building Official or designated subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion and/ |
| J110.6.3 Notification of Violation. Any person found to be in violation of the provisions of this Ordinance Section shall be required to correct the problem upon written notification from the Building Official or designated subordinate(s). Such written notification may require that certain conditions be adhered to in the correction of the problem. These may include, but are not limited to, the following: |
| a. Use of specific erosion control techniques. |
| b. Submittal of plans and specifications to be approved by the Community Development Department, and any other department affected by such work, prior to the commencement of corrective work. |
| c. Completion of corrective work within a specified time period. |
| Section J110.3 Erosion Control. |
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| J110.6.4 Abatement of Violation. If the responsible party fails to act in response to written notification of the Building Official, the violation may be declared a public nuisance and be abated as required to restore the site to its original condition. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, or other body of water, or significant habitat or archeological site, the Building Official may have the necessary corrective work done and bill the property owner or lien the property for repayment. |
| J110.6.5 Penalties. |
| a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating, or causing or permitting the violation of any of the provisions of this Ordinance Section shall be subject to citations and penalties set forth in the Gilroy Municipal Code, Section 1.7 , Section 6.16 and Chapter 6A. |
| b) Each separate day or portion thereof during which any violation occurs or continues without a good faith effort by the responsible person to correct the violation, shall be deemed to constitute a separate offense. |
| c) In addition to the above noted penalties, the Building Official is hereby authorized to attach an investigation fee up to twice the grading permit fee, to any such permit issued for corrective action. |
| J110.6.6 Enforcement. The Building Official and or their designated subordinate(s) is hereby authorized and directed to enforce all the provisions of this Ordinance Section. For such purpose, the Building Official shall have the powers of a law enforcement officer. |
| J110.6.7 Appeals. Any person who believes the Building Official has erred in the technical application of this Ordinance Section may appeal such action to the Building Board of Appeals. |
(b) Amendments to the Residential Code.
(1) Amend Section 1.8.4.2 to read as follows:
| 1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee Schedule. |
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(2) Amend Section R105.7 to read as follows:
| R105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official. |
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(3) Amend Section R108.2 to read as follows:
| R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required by the adopted current adopted City of Gilroy Comprehensive Fee Schedule. |
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(4) Amend Section R108.6 to read as follows:
| R108.6 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by the current City of Gilroy Comprehensive Fee Schedule approved by the city council. |
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(5) Add Section R108.7 to read as follows:
| R108.7 Plan review fees. When a plan review requires a plan checking fee, the fee shall be paid at the time of submitting plans, calculation and specifications for checking. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee may be charged as deemed necessary by the building official at an hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city council. |
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(6) Add Section 109.5 to read as follows:
| 109.5 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official. |
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(7) Adopt the following Appendix: Appendix BG—Sound Transmission.
(c) Amendments to the Electrical Code.
(1) Amend Section 230.2 by adding subsection (F) to read as follows:
| 230.2(F). Underground Service. All new electrical services shall be underground and installed per Section 230.30, Underground Service-Lateral Conductors. In existing commercial and industrial areas, existing overhead utilities shall be placed underground in connection with new development. In existing residential areas of the city in which development has occurred with overhead utilities in or along the frontage of properties, existing utilities shall be placed underground in connection with the development or redevelopment of property consisting of four (4) or more dwelling units. |
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(2) Amend Section 230.70(A) by adding subsection (4) to read as follows:
| (4) Main Service Disconnect Location. The building main service disconnect and/ |
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(3) Amend Section 250.50 by adding subsection (A) to read as follows:
| Main 250.50(A). Grounding System in New Buildings. Grounding electrode systems in all new buildings shall be an electrode encased by at least 50 mm (two inches) of concrete, located horizontally near the bottom or vertically, and within that portion of a concrete foundation or footing that is in direct contact with earth. The electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not less than 13 mm (1/2 inch) diameter or consisting of at least 6.0 m (20 feet) of bare copper conductor not smaller than 4 AWG. The connection side of this concrete-encased electrode shall be located remotely away from the main electrical service equipment. |
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(4) Adopt the following annexes:
a. Annex A—Product Safety Standards.
b. Annex B—Application Information for Ampacity Calculation.
c. Annex C—Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires of the Same Size.
d. Annex D—Examples.
e. Annex F—Availability for Critical Operations Power Systems; and Development and Implementation of Functional Performance Tests (FPTs) for Critical Operations Power Systems.
(d) Amendments to the Mechanical Code.
(1) Adopt no amendments.
(e) Amendments to the Plumbing Code.
(1) Amend Section 604.3 to read as follows:
| 604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for potable water piping shall have a weight of not less than type “L.” |
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(2) Add Section 719.1.1 to read as follows:
| 719.1.1 Clean-outs shall be installed on private property adjacent to property line where the private sewer system connects to the public sanitary sewer lateral. All such line clean-outs shall be extended to grade with materials according to specifications approved by the Administrative Authority and terminate within a listed and labeled box. |
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| Exception: If the lateral does not exceed 12 ft. from the back of sidewalk to the building drain clean-out, the run must be substantially straight. |
(3) Adopt the following appendices:
a. Appendix A—Recommended Rules for Sizing the Water Supply System.
b. Appendix B—Explanatory Notes on Combination Waste and Vent Systems.
c. Appendix C—Alternate Plumbing Systems.
d. Appendix D—Sizing Storm Water Drainage Systems.
e. Appendix I—Installation Standards.
f. Appendix M—Peak Water Demand Calculator.
(f) Amendments to the Energy Code.
(1) Adopt the following appendices:
a. Appendix 1-A—Standards and Documents Referenced in the Energy Code.
b. Appendix 1-B—Energy Commission Documents Incorporated by Reference in Their Entirety.
(g) Amendments to the Historical Building Code.
(1) Adopt no amendments.
(h) Amendments to the Existing Building Code.
(1) Adopt the following appendices:
a. Appendix A1—Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings.
b. Appendix A2—Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms.
c. Appendix A3—Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings.
d. Appendix A5—Referenced Standards.
(i) Amendments to the Property Maintenance Code.
(1) The codes, standards, and references in this code shall be revised as follows:
| Delete the following references | Insert the following code references |
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| • International Building Code | • 2025 California Building Code |
| • International Mechanical Code | • 2025 California Mechanical Code |
| • National Electrical Code | • 2025 California Electrical Code |
| • International Fire Code | • 2025 California Fire Code |
| • International Plumbing Code | • 2025 California Plumbing Code |
| • International Existing Building Code | • 2025 California Existing Building Code |
| • International Residential Code | • 2025 California Residential Code |
| • International Energy Conservation Code | • 2025 California Energy Code |
| • International Green Construction Code | • 2025 California Green Building Standards Code |
| • International Zoning Code | • City of Gilroy Zoning Ordinance |
| • International Fuel Gas Code | • No reference |
| • Name of Jurisdiction | • City of Gilroy |
| • Jurisdiction to insert appropriate schedule | • City of Gilroy Comprehensive Fee Schedule |
| • Board of appeals | • Hearing Officer |
(2) Amend Section 102.4 to read as follows:
| 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the correction of any code violation or the removal or demolition of any structure that is dangerous, unsafe, or insanitary. |
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(3) Amend Section 105.3 by adding the following to the end of the section to read as follows:
| Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means. |
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(4) Amend Section 106.1 to read as follows:
| 106.1 Means of appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the hearing officer, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. |
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(5) Delete Section 106.2, Limitations of authority, through Section 106.4, Administration.
(6) Amend Section [A] 107.1 to read as follows:
| 107.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premise, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or the technical codes. |
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(7) Amend Section [A] 107.5 by adding the following to the end of the section to read as follows:
| Procedures used and actions taken to correct or abate violations are not limited by this code. Procedures used and actions taken under this code may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property. |
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(8) Amend Section 109.1 to read as follows:
| 109.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code. |
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(9) Amend Section 109.1.4 to read as follows:
| 109.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit. |
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(10) Amend Section 109.1.5 by adding the following paragraph to the end of the section:
| Whenever exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. |
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(11) Amend Section 109.2 by deleting the words “of condemnation.”
(12) Amend Section 109.5 to read as follows:
| 109.5 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor. |
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(13) Amend Section 109.7 to read as follows:
| 109.7 Placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code or the technical codes and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order regarding the structure, equipment, or premise, and specify the conditions which necessitated the posting. |
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(14) Amend Section 109.7.1 to read as follows:
| 109.7.1 Placard removal. The code official shall remove the placard whenever the defect or defects upon which the placarding action was based has been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code. |
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(15) Amend Section 109.8 to read as follows:
| 109.8 Prohibited occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code officials posted order. |
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(16) Add Section 109.10 to read as follows:
| 109.10 Recordation of notices and orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property, and that the premise, building, structure or building service equipment is in violation of this code or the technical codes or other regulation applicable to buildings or structures or property. Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, and when all fines, fees, penalties, and incurred costs associated with the property have been satisfied, the code official shall issue a new certificate certifying that all required corrections have been made. |
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(17) Amend Section 202 definition for “dwelling unit” to read as follows:
| [A] DWELLING UNIT. A single unit, whether part of a multiple unit complex, or a detached individual residential dwelling, that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. “Recreational vehicles” as defined by Gilroy Zoning Ordinance Section 30.2.20 shall not be used or classified as Dwelling Units and must at all times be stored with pop-outs closed and utilities disconnected in compliance with Gilroy Zoning Ordinance Section 30.33, unless they are located in an approved mobile home park or RV park. |
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(18) Amend Section 202 definition for “garbage” to read as follows:
| GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code Section 12.1 . |
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(19) Amend Section 202 definition for “inoperable motor vehicle” to read as follows:
| INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons including but not limited to being registered nonoperational, unlicensed, wrecked, abandoned, in a state of disrepair, missing components, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code . |
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(20) Amend Section 202 definition for “rubbish” to read as follows:
| RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code Section 12.1 . |
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(21) Amend Section 301.3 by adding the following paragraph to the end:
| The storage of any motor vehicle, special mobile equipment, truck, boat, travel trailer, aircraft, camper, mobile home, recreational vehicle, motorcycle, appliance, furniture or the storage or accumulation of garbage, refuse or rubbish as defined by Gilroy Municipal Code Chapter 12 or the storage of any boxes or similar storage containers, household items or residential belonging or similar objects, materials of any kind or the storage or placement of any building or structure including permit exempt storage buildings or structures, on any vacant parcel without approval of the City of Gilroy is prohibited. |
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(22) Amend Section 302.1 to read as follows:
| 302.1 Sanitation. Exterior property areas and premises shall be maintained by the property owner in a clean, safe and sanitary condition. In residential zones, accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches, carports, or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy-two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Gilroy Municipal Code Section 13.1(b) shall also comply with the requirements of Municipal Code Section 5B.2(d)(1) . |
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(23) Amend Section 302.2 by adding the following sentence at the end of the section:
| Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official. |
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(24) Amend Section 302.3 by adding the following paragraph at the end:
| The owner of any building, lot or premises within the city shall maintain the sidewalks and/ |
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(25) Amend Section 302.4 to read as follows:
| 302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit excess weeds or vegetation over twelve (12) inches to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. Where overgrown weeds, vegetation, shrubbery, vines or trees, create an encroachment, harborage or shelter; the code official shall require the property owner to trim, cut, destroy or remove the overgrowth, and/ |
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| Upon failure of the owner or agent having charge of a property to cut and destroy excess weeds or vegetation after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the City of Gilroy. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property in violation and cut and destroy the weeds or excess vegetation growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. |
(26) Amend Section 302.8, Exception, to read as follows:
| Exception: An owner, lessee, or occupant of the property may repair, wash, clean, or service personal property, provided they comply with Gilroy Zoning Ordinance and Municipal Code requirements. |
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(27) Amend Section 303.2 to read as follows:
| 303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds containing water more than 18 inches in depth shall be completely enclosed by a fence, wall or other barrier not less than 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost. The vertical clearance from the ground to the bottom of the enclosure shall be a maximum of two inches (2"). The maximum vertical clearance at the bottom of the barrier may be increased to four inches (4") when the grade is a solid surface such as a concrete deck. On wood fences with horizontal members spaced less than forty-five inches (45") apart, the horizontal members shall be placed on the poolside of the barrier. The outside surface of the enclosure shall be free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. Existing pool enclosures shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. |
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| Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section. |
(28) Delete Section 304.3, Premises identification.
(29) Amend Section 304.7 to read as follows:
| 304.7 Roofs and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Damaged or deteriorated roofs and flashing shall be repaired as expeditiously as possible. When emergency temporary roof repairs require the installation of tarps or plastic sheeting to prevent leaks, the temporary repairs shall not extend beyond one month, unless approved by the Code Official. Such temporary repairs must have all edges of the material fastened and restrained with sufficient tension to prevent movement or flapping in the wind. Roof drains, gutters and down-spouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. |
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(30) Amend Section 304.14 first sentence by deleting the words: “During the period from [DATE] to [DATE],”
(31) Amend Section 304.15 to read as follows:
| 304.15 Doors. Exterior doors, door assemblies, including weather stripping, thresholds, closers and operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. |
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(32) Amend Section 304.16 to read as follows:
| 304.16 Under-Floor areas. Under-floor access doors, hatchways and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to 2021 California Building Code Section 1203. |
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(33) Amend Section 304.18.2 to read as follows:
| 304.18.2 Windows. Operable windows that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform. |
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(34) Amend Section 305.1, first sentence, to read as follows:
| 305.1 General. The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition. |
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(35) Amend Section 305.6 to read as follows:
| 305.6 Interior Doors. Every interior door, frame and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed, and latched. Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware. |
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(36) Amend Section 308.3.1 to read as follows:
| 308.3.1 Garbage facilities. The owner of every dwelling unit or the proprietor, manager, owner or lessee of any hotel, restaurant, boardinghouse, rooming house or other place of business in the city shall be responsible for providing approved leakproof, covered, outside garbage receptacles for each dwelling unit or place of business pursuant to Gilroy Municipal Code Section 12.18 . Receptacles and storage areas shall be at all times kept in a sanitary condition. Receptacles shall be placed for collection in the alley behind the premises, or if there is no alley access, then on the front curb in front of the premises being served, or such other place as may be approved by the director of public works or the garbage contractor, so as to be readily accessible for removing and emptying the same. Receptacles shall be placed in the proper area for collection the evening prior to collection and shall be removed and stored at an approved location by the morning after. For dwelling units, receptacles shall be stored in the side yard adjacent to the house or garage. Where the code official repeatedly finds a site in violation of Municipal code section 5B.2(2) or 5C.7, he or she may require the property owner to provide an additional or larger outside garbage container for the premise to use. |
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(37) Amend Section 309.1 to read as follows:
| 309.1 Infestation. All structures shall be kept free from insect, rodent, vermin, or other infestations. When an insect, rodent, vermin or other infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination or elimination of the infestation. All structures and/ |
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(38) Amend Section 309.2 to read as follows:
| 309.2 Owner. The owner of any structure or premise shall be responsible for extermination within the structure or premise prior to renting or leasing the structure or premise. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/ |
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(39) Delete Section 309.3, Single Occupant, through Section 309.5, Occupant.
(40) Delete Section 404.5, Overcrowding, through Section 404.6, Efficiency unit.
(41) Amend Section 505.3 by adding the following sentence to the end of the section:
| Where there’s damage or unauthorized modification to or use of a backflow prevention device, the code official may require theft prevention cages or enclosures to be installed. |
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(42) Amend Section 505.4. Delete the words: “adequate combustion air is provided” and replace with the words: “the installation complies with Chapter 5 of the California Plumbing Code and Section 904.0 of the 2025 California Mechanical Code.”
(43) Amend Section 506.2 by adding the following sentence to the end of the section:
| Sewer line cleanout plugs, or caps shall be of an approved type and shall be securely installed and remain in place at all times except when servicing the drain line. |
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(44) Amend Section 602.2 to read as follows:
| 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances, fireplaces and portable heaters shall not be used as a means to achieve compliance with this section. |
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(45) Delete the exception in Section 602.2.
(46) Amend Section 602.3 by deleting the words “during the period from [DATE] to [DATE],”
(47) Amend Section 602.3, Exception 1, last sentence to read as follows:
| The winter outdoor design temperature for the locality shall be 32ºF. |
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(48) Delete Section 602.3 Exception 2.
(49) Delete Section 602.4, Occupiable work spaces.
(50) Amend Section 603.1 to read as follows:
| Mechanical equipment, kitchen hoods, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing their intended function. When new mechanical equipment is installed and the old equipment is no longer in use, the old equipment must be removed from the structure. Openings left in the walls, floors or ceilings must be properly repaired and painted. Electrical circuits and gas lines must be properly abandoned and inspected. |
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(51) Amend Section 604.3 to read as follows:
| 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons including the improper use of extension cords as permanent wiring, the code official shall require the defects to be corrected to eliminate the hazard. |
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(52) Amend Section 605.3 by adding the following sentence to the end of the section:
| No unobstructed beam of exterior lighting shall be directed outward from a site toward any residential use or public right-of-way. |
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(53) Adopt the following Appendix:
a. Appendix A—Boarding Standard.
(j) Amendments to the Swimming Pool and Spa Code.
(1) Adopt no amendments.
(k) Amendments to the Green Building Standards Code.
(1) Add to Section 202, Definitions, as follows:
| LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements: |
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| i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. |
| ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere. |
(2) Amend Section 4.106.4.1 title to read as follows:
| 4.106.4.1 One-and two-family dwellings and townhouses with private garages. |
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(3) Amend Section 4.106.4.1.1 to read as follows:
| 4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space. |
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(4) Amend Section 4.106.4.4.1 to read as follows:
| 4.106.4.4.1 Short-term bicycle parking for multifamily buildings, hotels and motels. Provide on-site bicycle parking at a ratio of one parking space for every 5% of visitor parking, but not less than two spaces. Short-term bicycle parking shall be located within 200 feet of building entrances, and readily visible to passers-by. Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to: |
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| 1. Permanently anchored bicycle parking devices, racks, or lockers in an unsheltered, open area. |
| 2. Covered or uncovered enclosures with permanently anchored bicycle parking devices or racks. |
(5) Amend Section 4.106.4.4.2 to read as follows:
| 4.106.4.4.2 Long-term bicycle parking for multifamily buildings. Provide on-site bicycle parking at a ratio of one parking space for every one dwelling units. Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to: |
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| 1. Covered, lockable enclosures with permanently anchored bicycle parking devices or racks. |
| 2. Lockable bicycle storage rooms with permanently anchored bicycle parking devices or racks. |
| 3. Lockable, weatherproof, permanently anchored bicycle lockers. |
(6) Amend Section 4.106.4.4.3 to read as follows:
| 4.106.4.4.3 Long-term bicycle parking for hotel and motel buildings. Provide one on-site long-term bicycle parking space for every 25 rooms or fraction of, but not less than two. Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to: |
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| 1. Covered, lockable enclosures with permanently anchored bicycle parking devices or racks. |
| 2. Lockable bicycle storage rooms with permanently anchored bicycle parking devices or racks. |
| 3. Lockable, weatherproof, permanently anchored bicycle lockers. |
(Ord. No. 2025-06, § 6, 8-18-2025)
§ 6.8. (Reserved)¶
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