Article 6 — COMMON OWNERSHIP EASEMENTS

Sec. C1-80. - Common ownership covenant of easement.

Pursuant to Government Code Section 65870 et seq., the County hereby authorizes the creation of easements for parking, ingress, egress, emergency access, light and air access, landscaping, or openspace purposes. Such easements shall be created by a recorded covenant of easement made by an owner of real property to the County. The covenant must describe the real property benefited and burdened by the easement, and shall identify the approval, permit, or designation granted by the County that relies upon or requires the covenant. All real property benefited or burdened by the covenant of easement shall be in common ownership when the covenant of easement is recorded with the County Clerk-Recorder and any other county in which all or part of the real property is located. The covenant shall take effect upon recording and shall act as an easement pursuant to Civil Code section 801 et seq., except that it shall not merge into any other interest in the real property.

(Ord. No. NS-1100.94, § 1, 8-9-05)

Sec. C1-81. - Release of covenant.

After holding a noticed public hearing, the Board of Supervisors may release any covenant of easement created pursuant to this article if it finds that the covenant is no longer necessary to achieve the County's land use goals. If the Board releases a covenant, the Clerk of the Board shall record the release with the County Clerk-Recorder.

(Ord. No. NS-1100.94, § 1, 8-9-05)

Sec. C1-82. - Costs.

All reasonable costs associated with the creation or release of any covenant of easement created pursuant to this article shall be borne by the property owner proposing to create or release the covenant.

(Ord. No. NS-1100.94, § 1, 8-9-05)

Secs. C1-83—C1-89. - Reserved. ARTICLE 7. - EQUAL ACCESS

Sec. C1-90. - Purpose.

The purpose of this Article is to promote equal access to facilities that are accessible to the public.

(Ord. No. NS-1100.127, § 1, 5-1-18)

Sec. C1-91. - Access to baby changing stations.

(a)

Baby changing stations shall be installed in all new buildings with restroom facilities that are in "public use areas" as defined by the County Building Code or are intended to be available for use by the public. Baby changing stations shall also be provided in existing buildings when restroom facilities that are in "public use

areas" as defined by the County Building Code or are intended to be available for use by the public are added or altered in a manner that requires a building permit. In lieu of installing a baby changing station in a restroom as required by this Article, a baby changing station may be installed in another space provided the baby changing station is:

(1)

Located in the same public use area served by the restroom,

(2)

Provides for privacy,

(3)

Is equipped with a handwashing facilities, and

(4)

Meets all other requirements in this section.

(b)

Baby changing stations shall comply with all of the following requirements:

(1)

Where baby changing stations are installed in a restroom or other space designated for a particular gender, baby changing stations shall also be installed in a restroom or other space serving the same public use area that is available to all other users in an equivalent manner.

(2)

Baby changing stations shall be manufactured for commercial use and shall be self-certified by the manufacturer or listed or labeled by an accredited third-party testing agency as compliant with ASTM F2285-04(2016) E1-Standard Consumer Safety Performance Specification for Diaper Changing Tables for Commercial Use, ANSI Z535.3 and Z535.4 Universal safety symbols, ASTM G1 Anti-Bacterial and ASTM G22 Anti-Fungal and other nationally recognized standards approved by the Building Official.

(3)

Baby changing stations shall be installed in accordance with the manufacturer's installation requirements or in accordance with the recommendation of a licensed design professional when no manufacturer's instructions are available. The installation details shall be designed to carry all loads identified in ASTM F2285-04(2016) E1.

(4)

Baby changing stations shall be installed in accordance with all County Building Code accessibility requirements.

(5)

Baby changing stations shall not encroach into any clearances required by the County Building, Plumbing, Mechanical, or Electrical Code.

(6)

Baby changing stations shall not be installed in any hazardous location.

(c)

Baby changing stations are not required in the following areas:

(1)

Areas or restrooms that are not "public use areas" as defined in the County Building Code.

(2)

Where baby changing stations cannot be accommodated in new or altered public-use restrooms in existing buildings because of inadequate space due to structural or accessibility issues.

(3)

In occupancies where persons under the age of 21 are prohibited by law.

(d)

Signage for baby changing stations shall be provided as follows:

(1)

Where baby changing stations are installed in a space other than a restroom, signs identifying the location of the baby changing station shall be installed in all restrooms that serve the same public use area if no baby changing station is installed in the restroom.

(2)

Where a building has a central directory, that directory shall identify the location of all public use restrooms and other spaces with baby changing stations.

(e)

This section is intended to be consistent with, and shall be interpreted to be furtherance of the purposes and intent of, Health and Safety Code section 118506.

(Ord. No. NS-1100.127, § 1, 5-1-18)

Secs. C1-92—C1-99. - Reserved.

ARTICLE 8. - IMPLEMENTATION OF STATE MINIMUM FIRE SAFE REGULATIONS

Sec. C1-100. - Purpose.

The purpose of this Article is to establish procedures for implementing the State Minimum Fire Safe Regulations in Title 14, California Code of Regulations, Section 1270.00 et seq. This Article addresses appeals filed with the County related to Exception decisions made by the California Department of Forestry and Fire Protection for properties within the State Response Area pursuant to Section 1270.06 of the Fire Safe Regulations, as well as inspection decisions and requests for exceptions filed with the County for properties outside of the State Responsibility Area and within the Very High Fire Hazard Severity Zone and appeals of those County decisions. This Article shall be interpreted and applied in a manner that is consistent with all applicable state laws and regulations, as those laws and regulations may be amended.

(Ord. No. NS-1100.134, § 2, 8-31-21)

Sec. C1-101. - Definitions.

The following definitions apply to this Article.

(a)

Building Official has the same definition as in Section C1-4 of this Code.

(b)

CAL FIRE means the California Department of Forestry and Fire Protection.

(c)

Director of the Department of Planning and Development means the Director of the Department of Planning and Development as that department is defined in Section A33-10 of this Code.

(d)

Director of the Roads and Airports Department has the same definition as in Section A13-14 of this Code.

(e)

Exception means an alternative means or method to achieve a specified standard or standards in the Fire Safe Regulations as requested by the applicant subject to Section 1270.06 of the Fire Safe Regulations.

(f)

Fire Staff means the person designated by the Fire Marshal to review and decide on an Exception under Section C1-103(b) or appeal of a CAL FIRE Exception decision under Section C1-104(b).

(g)

Fire Marshal means the person designated as the Fire Marshal by the Board of Supervisors.

(h)

Fire Safe Regulations means the State Minimum Fire Safe Regulations in Title 14, California Code of Regulations, Section 1270.00 et seq.

(i)

Inspection means the process and activities undertaken to evaluate whether a proposed building construction or development project complies with the standards in the Fire Safe Regulations, which may include reviewing plans and other documents, conducting site inspections, and any other activities that the inspection entity deems necessary to assess compliance with the Fire Safe Regulations.

(j)

Inspection Entity means the public agency responsible for conducting Inspections pursuant to the Fire Safe Regulations. CAL FIRE is the Inspection Entity for proposed building and development projects within the SRA. The County is the Inspection Entity for proposed building and development projects within the LRA.

(k)

Local Responsibility Area or LRA means those areas classified by the Director of the CAL FIRE as within a Very High Fire Hazard Severity Zone (VHFHSZ) pursuant to Government Code Section 51178 that are not in an SRA.

(l)

State Responsibility Area or SRA means those areas identified by the California State Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 in which the financial responsibility for preventing and suppressing fires has been determined to be primarily the responsibility of the state.

(Ord. No. NS-1100.134, § 2, 8-31-21)

Sec. C1-102. - County inspections in local responsibility area.

The County Fire Marshal's Office shall be responsible for Inspections for proposed building and development projects in the LRA that are subject to the Fire Safe Regulations. The County Fire Marshal's Office shall comply with all requirements of the Fire Safe Regulations when making Inspection decisions.

(Ord. No. NS-1100.134, § 2, 8-31-21)

Sec. C1-103. - County exception requests.

(a)

Where the County is the Inspection Entity, an applicant may file an Exception request with the Department of Planning and Development pursuant to Section 1270.06 of the Fire Safe Regulations no later than 30 days after the County provided notice to the applicant that the County made a final Inspection decision that the applicant's proposed building or development project would not comply with the Fire Safe Regulations. The Exception request shall include all information required for Exception requests set forth in Section 1270.06 of the Fire Safe Regulations and any other documents or information required by the County. The

Exception request shall be accompanied by a filing fee in an amount established by the Board of Supervisors. The County will not process any Exception request until all fees are paid in full.

(b)

The decision-maker on an Exception request where the County is the Inspection Entity shall be the Fire Staff designated by the Fire Marshal for such purposes and who has not participated in the Inspection decision. The designated Fire Staff shall consult with the Building Official and the Director of the Roads and Airports Department in making the decision. The designated Fire Staff shall comply with all requirements of Section 1270.06 of the Fire Safe Regulations when making the decision. The designated Fire Staff may consult with staff from other County departments and any other public agencies or knowledgeable persons when considering an Exception request.

(Ord. No. NS-1100.134, § 2, 8-31-21)

Sec. C1-104. - Appeals of exception decisions.

(a)

The applicant or any interested party may appeal an Exception decision made by CAL FIRE (for properties within the SRA) or the County (for properties within the LRA) by filing an appeal application with the Department of Planning and Development no later than 30 days after the final decision on the Exception request. The appeal application shall include all information required for Exception requests set forth in Section 1270.06 of the Fire Safe Regulations, an explanation of why the Exception decision was erroneous, and any other documents and information required by the County. The appeal application shall be accompanied by a filing fee in an amount established by the Board of Supervisors. The County will not process any appeal application until all fees are paid in full.

(b)

The decision-maker on appeal of an Exception decision made by CAL FIRE shall be the Fire Staff designated by the Fire Marshal for such purposes. The designated Fire Staff shall consult with the Building Official and the Director of the Roads and Airports Department in making the decision. The designated Fire Staff shall hold a public hearing on the appeal, and notice of the public hearing shall be provided in compliance with Section 5.20.110 of the Zoning Ordinance. The designated Fire Staff shall comply with all requirements of Section 1270.06 of the Fire Safe Regulations when making their decision. The designated Fire Staff's decision on the appeal shall be final.

(c)

The decision-maker on appeal of an Exception decision made by the County, pursuant to Section C1-103, shall be the Fire Marshal. The Fire Marshal shall hold a public hearing on the appeal, and notice of the public hearing shall be provided in compliance with Section 5.20.110 of the Zoning Ordinance. The Fire Marshal shall comply with all requirements of Section 1270.06 of the Fire Safe Regulations when making the decision. The Fire Marshal's decision on the appeal shall be final.

(Ord. No. NS-1100.134, § 2, 8-31-21)

Sec. C1-105. - Pre-application meeting.

A pre-application meeting with the Department of Planning and Development may be requested prior to filing for an Inspection or Exception request. Pre-application meetings are held to identify issues of concern for compliance with Fire Safe Regulations. The pre-application meeting is informational and is intended to provide guidance. The pre-application meeting shall not result in any official recommendation or final decision and shall not be binding on the County.

(Ord. No. NS-1100.134, § 2, 8-31-21)

Division C2 - DEVELOPMENT REVIEW BOARD[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Sec. 48 of Ord. No. NS-300.967, adopted November 14, 2022, amended Div. C2 in its entirety to read as herein set out. Former Div. C2 pertained to Code Enforcement Appeals Board, and derived from Ord. No. NS-1100.52, adopted June 12, 1979; Ord. No. NS-1100.103, adopted June 24, 2008, amended Div. C2; and Ord. No. NS-1100.112, adopted April 13, 2010.

Cross reference— Boards and commissions generally, Div. A6.

Sec. C2-1. - Established.

There is hereby established a Development Review Board.

(Ord. No. NS-300.967, § 48, 11-15-22)

Sec. C2-2. - Membership.

(a)

The Development Review Board shall consist of five members, none of whom shall be employees of the County of Santa Clara, as follows:

One member shall be a licensed building or construction contractor;

One member shall be a licensed electrician;

One member shall be a licensed plumber or HVAC contractor;

One member shall be a licensed structural engineer; and

One member shall be a registered fire protection engineer or certified fire prevention specialist or person with ten years' experience in the regulatory field of fire prevention.

The members shall be nominated and appointed on a rotational basis by individual Supervisors. The rotational sequence for making these appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

(b)

The term of each member shall be three years. Members shall serve staggered terms so that no more than three members' terms shall lapse in the same year. No member shall be eligible to serve on the Board for more than three consecutive terms plus any unexpired term. The Board of Supervisors may waive the foregoing limit on consecutive terms in office for any member when it finds that no other qualified person is known to be available to serve.

(c)

A member's failure to attend three consecutive meetings without good cause as determined by the Chairperson will result in notification to the nominating authority, which may result in removal of the member from the Board.

(Ord. No. NS-300.967, § 48, 11-15-22)

Sec. C2-3. - Reserved. Sec. C2-4. - Purpose and duties.

It shall be the function of the Board to review the Building Official's decisions regarding the suitability of alternate materials, alternate methods and types of construction, and to review interpretations and decisions with respect to the provisions of the building, plumbing, electrical, mechanical and fire codes, all as prescribed by ordinance. The Board shall not have any authority to waive or modify provisions of the adopted codes. The Board shall adopt reasonable rules and regulations for the form of review, and for the time, place, and manner of holding its review hearings and the rendering of any decision with respect thereto, subject to the provisions of Article 3 of Chapter I of Division C1 (commencing with Section C1-38) of this Code. The rules and regulations may provide for the taking of testimony under oath and the issuance of subpoenas for the production of oral or documentary evidence, or both. This Division shall not apply to administrative violations, fines, and penalties imposed pursuant to Division A37 of this Code.

(Ord. No. NS-300.967, § 48, 11-15-22)

Sec. C2-5. - Reserved. Division C3 - BUILDINGS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Section 2 of Ord. No. NS-1100.125, adopted Dec. 13, 2016, repealed and reenacted Div. C3 to read as herein set out. Former Div. C3 consisted of §§ C3-1—C3-10, C3-20—C3-26, C3-30—C3-36, pertained to the same subject matter, and derived from Ord. No. NS-1100.117, adopted Dec. 10, 2013; Ord. No. 1100.118, adopted Jan. 14, 2014; Ord. No. NS-1100.123, adopted Aug. 11, 2015; and Ord. No. NS-1100.124, adopted Sept. 15, 2015.

CHAPTER I. - COUNTY BUILDING CODE[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Sec. 4 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Ch. I in its entirety to read as herein set out. Former Ch. I pertained to the same subject matter, and derived from Ord. No. NS-1100.131, adopted December 17, 2019.

ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C3-1. - 2022 California Building Code adopted.

The County Building Code is the 2022 California Building Code ("CBC") as modified by the additions, deletions, and amendments set forth in this chapter. The CBC is the 2021 International Building Code ("2021 IBC") as modified by the California Building Standards Commission.

(Ord. No. NS-1100.136, § 4, 12-13-22)