4.5 Gate Safety

The purpose of this chapter is to promote public safety and welfare by reducing the risk of

death or injury that may result from gates detaching from supporting hardware or gates not being well maintained and inspected. The city finds it necessary to require gates to be inspected periodically by a professional and record keeping ensuring the basic life safety of its residents

For the purposes of this chapter, the following definitions shall apply:

"Building Official" means the building official, an authorized deputy, designated building inspector or other designated employee of the city charged with enforcement and administration of this chapter.

"Owner" means any person, co-partnership, association, corporation or fiduciary, or their authorized agent(s) having legal or equitable title or any interest in any real property.

"Professional" means any licensed fence installer, ICC certified building inspector, licensed architect, or licensed engineer responsible for inspecting and providing a written certification.

"Written certification" means a document attesting the gate meets all the requirements of the referenced standards, the gate has been maintained and in good working order. In addition, the document shall clearly include the following:

a.

Inspection date.

b.

Site address.

c.

Name of the property owner.

d.

Contact information of inspector.

e.

Signed and/or stamped.

The provisions of this chapter shall apply to all vehicular gates and any gate more than 48 inches

(1219 mm) in width or more than 84 inches (2134 mm) in height.

Gates shall meet the requirements of ASTM F1184. Gates with operators or similar

systems shall also meet the requirements of UL 325 and ASTM F2200.

Property owner and their agent shall keep gates well maintained and have gates

inspected by a professional once every five years. Property owners and agents must keep the written certifications and make available to code officials upon request. Any gate repair work undertaken must result in a safe outcome.

The property owner shall bring all gates existing as of the effective date of

this ordinance into compliance with the provisions of this chapter, and obtain a written certification for each gate, by January 1, 2028, and at least once every five (5) years thereafter. The property owner of a new gate installed after the effective date of this ordinance shall immediately comply with the provisions of this chapter and obtain a written certification upon installation of the gate and at least once every five (5) years thereafter.

Any property owner or their agent that fails to comply with the provision of this

chapter or a directive of the building official shall be subject to the penalties as prescribe by law.

Automatic vehicular gates shall comply with the requirements of 2025 California Building Code

Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Section 4.5.8.4 and other applicable sections of this code section.

Vehicular gates intended for automation shall be designed,

constructed and installed to comply with the requirements of ASTM F2200.

Any gate more than 48 inches (1219 mm) in width or more than 88 inches (2134 mm) in

height shall meet the requirements of ASTM F1184; shall be installed per manufacturer's recommendations and shall be designed, constructed, and installed to meet the following:

Gates shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

Gates shall be balanced and not move under their own weight.

Rolling wheels shall be covered.

Gates shall have positive stops

(Ord. No. 1729, § 1, 11-18-2025)

Editor's note— Ord. No. 1694, § 1, adopted December 6, 2022, repealed the former subsections 4-1.1—4- 1.11, and enacted new subsections 4-1.1—4-1.11 as set out herein. The former subsections 4-1.1—4-1.11 pertained to similar subject matter and derived from Ord. No. 923, § 1; Ord. No. 1057, § 1; Ord. No. 1127, §§ 1 —6; Ord. No. 1219; Ord. No. 1226, § 1; Ord. No. 1327, § 1; Ord. No. 1328, § 1; Ord. No. 1345, § 1; Ord. No. 1346, § 1; Ord. No. 1410, §§ 1, 2; Ord. No. 1464, § 1; Ord. No. 1465, §§ 1, 2; Ord. No. 1522, § 1; Ord. No. 1529, §§ 1, 2; Ord. No. 1556, §§ 1, 2, adopted January 11, 2011; Ord. No. 1586, §§ 1, 2, adopted December 3, 2013; Ord. No. 1612, §§ 1, 2; adopted November 29, 2016; Ord. No. 1658, § 1, adopted December 17, 2019. Subsequently, Ord. No. 1729, § 1, adopted November 18, 2025, repealed the former § 4-1, and enacted a new § 4-1 as set out herein. The former § 4-1 pertained to Building Code; Mechanical Code; Plumbing Code; Electrical Code; Housing Code; Swimming Pool Code; Solar Code and derived from Ord. No. 1694, § 1, adopted December 6, 2022; Ord. No. 1700, § 1, adopted April 11, 2023.

4-2 - Minimum Building Security Provisions.

4-2.1 Purpose. The purpose of this section is to provide specifications that will promote building security and safeguard property, help prevent financial loss by affording resistance to unlawful entry into buildings, and establish crime prevention through building security, pursuant to Section 14051 of the California Penal Code.

(Ord. No. 923, § 1)

4-2.2 Exceptions. Nothing in these regulations shall supersede any local, State, or Federal laws, regulations or codes relating to life safety.

(Ord. No. 923, § 1)

4-2.3 Definitions.

a.

Bolt shall mean a metal bar which, when activated, is projected either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door from moving or opening.

b.

Building, commercial, shall mean a building used by any person for the purpose of conducting, managing, or carrying on a business, including storage of merchandise.

c.

Cylinder shall mean a symmetrical subassembly of a lock containing the cylinder core, tumbler mechanism, and a key-way.

d.

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

e.

Dead bolt shall mean a bolt which has no automatic spring action and operates by a key cylinder, thumb turn, or lever.

f.

Dead latch shall mean a latch in which the latch bolt is positively held in a projected position by a guard bolt, plunger, or auxiliary mechanism.

g.

Flush bolt shall mean a dead lock normally used on inactive doors that is attached to the top and bottom and/or side of the door and engages in the frame and/or base of the door.

h.

Insert shall mean a hardened steel roller inside unhardened bolts to prevent bolt cutting or sawing with common tools.

i.

Jamb shall mean the vertical members of the door frame to which the door is secured.

j.

Latch shall mean a beveled, spring-activated bolt, which may or may not have a deadlocking device.

k.

Locking device shall mean a part of a window assembly which is intended to prevent movement of the movable sash.

l.

Sash shall mean a single frame assembly which supports a window or glazing material.

m.

Striker shall mean a metal plat attached to or changed into a door jamb to receive and to hold a projected latch and/or dead bolt in order to secure the door to the jamb.

(Ord. No. 923, § l)

4-2.4 Doors and Openings - All Occupancies.

a.

Door jambs for all exterior doors and doors opening directly from garage to house shall be installed in a manner that no voids exist between jambs and opening framing for a vertical distance of 24 inches each side of door lock.

There shall be solid blocking at door lock height for a minimum of three stud spaces each side of opening. Trimmers shall be full length from the header to the floor with solid backing against sole plates. In-swinging doors shall require rabbetted door jambs.

b.

All exterior sliding glass doors shall be equipped with an auxiliary pin-type locking device which will keep the sliding panel of the door from being opened from the outside until the removal of the pin from its secured position from the interior of the building.

c.

All exterior sliding glass windows shall be equipped with an auxiliary locking device which will keep the sliding panel of the window from being opened from the outside until the locking device is disengaged from the interior of the building.

(Ord. No. 923, § 1)

4-2.5 Residential Security Provisions.

a.

Doors - General: A door forming a part of the enclosure of the dwelling unit shall not be of hollow core or single panel construction and shall be installed and secured as set forth in paragraphs b and c, when such door is accessible from a street, highway, yard, court passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said paragraphs b and c. All dwelling unit entrance doors shall also be equipped with a viewing device located so as to enable a person on the inside of the entrance door to view a person immediately.

b.

Doors - Swing Doors:

A single swing door, the active leaf of a pair of doors and the bottom leaf of dutch doors shall be equipped with a dead bolt with a minimum throw of one inch and a deadlocking latch. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort.

Flush bolts with a minimum throw of ⅝ inch shall be provided at the head and foot (floor and ceiling) of the inactive leaf of double doors and at the top and bottom of the upper leaf of dutch doors.

Door stops on wooden jambs or in-swing doors shall be of one piece construction with the jamb or joined by a rabbet.

Nonremovable pins or interlocking stud-type hinges shall be used on at least one hinge in pin-type hinges which are accessible from the outside when the door is closed.

Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools.

c.

Doors - Overhead and Sliding:

Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock, with a hardened steel shackle (⅜ inch minimum size), metal slide bar, bolt, or equivalent on the inside when not otherwise locked by electric power operation. In the event this type of door provides the only entrance to a garage, cylinder lock or padlock may be on the outside. Overhead garage doors shall not be furnished with bottom vents.

Cylinder guards shall be installed on all mortise or rim-type cylinder locks which project beyond the face of the door or as otherwise accessible to gripping tools.

d.

Windows - General: A window, skylight, or other light forming a part of the enclosure of a dwelling unit shall be constructed, installed, and secured as set forth in paragraphs e and f, which such window, skylight, or light is

not more than 12 feet above the grade of a street, highway, yard, court, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said paragraphs e and f.

e.

Windows - Materials: A window, skylight, or other light forming a part of the enclosure of the dwelling unit located within 12 inches of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, shall be fully-tempered glass, approved burglar-resistant material, or guarded by metal bars, screens, or grills in a manner approved by the building official.

f.

Windows - Locking Devices:

Movable panels shall not be rendered easily openable or removable from the frame.

Openable windows shall be provided with substantial locking devices which the building official finds render the building as secure as the devices required by this section.

Louvered windows shall not be used within eight feet of ground level or adjacent structures unless approved otherwise by the building official.

g.

Lighting: Open parking lots (including lots having carports) providing more than ten parking spaces shall be provided with a maintained minimum of three foot candles of light on the parking surface during hours of darkness.

h.

Addresses: Numerics in addresses shall be at least two inches in height, internally illuminated, and prominently displayed on the front of the residence so as to be clearly visible from the roadway.

(Ord. No. 923, § 1)

4-2.6 Commercial Building Security Provisions.

a.

Minimum Standards: All exterior doors shall be secured with a locking device that shall meet the approval of the building official and police and fire chiefs.

Rolling overhead doors, solid overhead swinging, sliding or accordion garage-type doors shall be secured with a cylinder lock or a padlock on the inside when not otherwise controlled or locked by electric power operation. If a padlock is used, it shall be of hardened steel shackle, with a minimum of five pin tumbler operation with nonremovable key when it is in an unlocked position.

Metal accordion grate or grill type doors shall be equipped with metal glide track, top and bottom, and a cylinder lock and/or padlock with hardened steel shackle and minimum five-pin tumbler operation with nonremovable key when in an unlocked position.

Nonremovable pins or interlocking stud type hinges shall be used on at least one hinge in pin-type hinges which are accessible from the outside when the door is closed.

Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:

(a)

Rated burglary-resistant glass or glass-like material; or

(b)

The glass shall be covered with iron bars of at least ½ inch round or one 1 inch × ¼ inch flat steel material mortised, spaced not more than 5 inches apart, secured on the inside of the glazing; or

(c)

Iron or steel grills of at least ⅛ inch material of 2 inch mesh secured on the inside of the glazing.

In-swinging doors shall have rabbetted jambs.

Wood doors, not of solid core construction, or with panels therein, less than 1-⅜ inch thick, shall be covered on the inside with at least 16-gauge sheet steel or its equivalent attached with screws on minimum 6 inch centers.

Jambs for all doors shall be so constructed or protected so as to prevent violation of the function of the strike.

All exterior doors shall have a minimum of 60-watt bulb no more than 3 feet above the outside of the door. Such bulb shall be protected with a vapour cover or cover of equal breaking resistant material.

All front entry doors shall be numbered with the establishment's address, using numbers not less than 2 inches high on a contrasting background.

b.

Glass Windows:

Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glass or glass-like material. (Exception: Window openings required by the Building Code for access by the fire department shall be protected by a material approved by the fire department. Protection of these window openings should be by glass which may be broken without unnecessary delay and the use of specialized equipment.)

Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes, unless otherwise approved by the building official.

c.

Accessible Transoms: All exterior transoms exceeding 8 inches x 12 inches on the side and rear of any building or premises used for business purposes shall be protected by one of the following:

Rated burglary-resistant glass or glass-like material; or

Outside iron bars of at least ½ inch round or 1 inch × ¼ inch flat steel material, spaced no more than 5 inches apart; or

Outside iron or steel grills of at least ⅛ inch material but not more than 2 inch mesh.

The window barrier shall be secured with rounded head flush bolts on the outside.

d.

Roof Openings:

All glass skylights on the roof of any building or premises used for business purposes shall be provided with:

(a)

Rated burglary-resistant glass or glass-like material meeting building code requirements; or

(b)

Iron bars of at least ½ inch round or 1 inch × ¼ inch flat steel material under the skylight and securely fastened and meeting building code requirements; or

(c)

A steel grill of at least ⅛ inch material of 2 inch mesh under the skylight and securely fastened and meeting building code requirements.

All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows:

(a)

If the hatchway is of wooden material, it shall be covered on the inside with at least 16-gauge sheet steel or its equivalent attached with screws.

(b)

The hatchway to be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the fire marshal.

(c)

Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.

All air duct or air vent openings exceeding 8 inches × 12 inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following:

(a)

A steel grill of at least ⅛ inch material of 2 inch mesh and securely fastened.

(b)

If the barrier is on the outside, it shall be secured with rounded head flush bolts on the outside.

Perimeter walls, fences, trash storage areas, etc., shall be built as not to give access to the roof, i.e., height, and nearness to building.

e.

Intrusion Detection Devices: If it is determined by the enforcing authority of this chapter that the security measures and locking devices described in this chapter do not adequately secure the building, he may require the installation and maintenance of an intrusion detection device (burglar alarm system).

f.

Lighting: Establishments which are separate building units and are not part of a major complex or interconnecting building shall be protected with exterior perimeter lighting.

Buildings used for public purposes shall have parking lots sufficiently lighted for easy observation of parked vehicles from main passageways when such public use is during dark hours.

Buildings including those used for public purposes shall utilize lighting which will provide sufficient light for observation at any area where the building can be attacked and entry made (exterior doors, etc.).

g.

Key Security Lock Box System: A security key system lock box may be required for buildings or complexes which, because of their size, layout, or occupancy and the addition of the security measures and locking devices required by this chapter, create a delay for the fire district gaining entrance during an emergency. The requirement for the lock box shall be at the discretion of the fire chief or his authorized representatives.

(Ord. No. 791, § 1; Ord. No. 923, § 1)

4-3 - Fences or Walls Required for Pools and Artificially Created Bodies of Water.*

* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 923, 1127 and 1136.

4-3.1 Preamble. The city council finds that there is a large number of privately owned swimming pools and other artificially created bodies of water within the city and that the maintenance of such bodies of water without adequate supervision or protective measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children of the incorporated territory of the city.

(Ord. No. 1529, § 3)

4-3.2 Gates and Doors. Refer to California Building Code Section 3109 as amended by this chapter for regulations to be applied.

(Ord. No. 1529, § 3)

4-3.3 Public Recreational Use. This section 4-3 does not apply to publicly owned creeks, sloughs, or bodies of water which are artificially created on or within such water courses if they are open and available for public recreational use.

(Ord. No. 1529, § 3)

4-4 - The Abatement of Dangerous Buildings.

4-4.1 Purpose of this Section. This section is adopted for the purpose of establishing rules and regulations governing the abatement of dangerous buildings in the city. Wherever a conflict occurs between or within the Uniform Code for the Abatement of Dangerous Buildings, other building codes adopted by the city, state regulations, or city ordinances, the more restrictive shall apply.

4-4.2. Adoption of the Uniform Code for the Abatement of Dangerous Buildings. The city hereby adopts the 1997 Code for the Abatement of Dangerous Buildings in its entirety, subject, however, to the amendments, additions, and deletions set forth in this section 4-4.

4-4.3. City Official to Administer Abatement Proceedings under the Code. Any reference in the 1997 Code for the Abatement of Dangerous Buildings to the director of public works shall be construed as referring to the city's community development director.

4-4.4. Uniform Code for the Abatement of Dangerous Buildings Amendments.

Amend Section 103 to read as follows:

Section 103 — ALTERATIONS, ADDITIONS AND REPAIRS

All buildings and structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Section 101.4 of the California Existing Building Code.

Amend Section 204 to read as follows:

Section 204 — INSPECTION OF WORK

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building official in accordance with and in the manner provided by this code and Section 110 of the California Building Code.

Amend Section 301 to read as follows:

Section 301 — GENERAL

For the purpose of this code, certain terms, phrases, words, and their derivates shall be construed as specified in either this chapter or as specified in the California Building Code or the California Housing Code. Where the terms are not defined, they shall have their ordinary accepted meanings within the context which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

BUILDING CODE is the California Building Code promulgated by the International Code Council, as adopted by the City of Novato.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.

HOUSING CODE is the California Residential Code promulgated by the International Code Council as adopted by the City of Novato.

Amend Section 401 to read as follows:

Section 401 — GENERAL

401.2 Notice and Order. The Building official shall issue a notice and order to the record owner of the building. The notice and order shall contain.

The street address and a legal description sufficient for identification of the premises upon which the building is located.

A statement that the Building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under Section 302 of this code.

A statement of the action required to be taken as determined by the Building official.