This chapter shall be known and may be cited and referred to as the "Administrative Code for Uniform Codes Adopted by the City of Sunnyvale."

The "2001 California Administrative Code," based on the 1997 Uniform Administrative Code, is hereby adopted by reference, excluding Tables 3-A through 3-H, with changes and modifications as hereinafter set forth, as the administrative code for all uniform codes adopted by the city of Sunnyvale. Three copies are on file in the office of the city clerk.

Uniform Administrative Code Section 101.3 is hereby amended to read:

"(1) Any building or structure located on real property belonging to:

"(A) United States of America,

"(B) State of California, or any political subdivision thereof,

"(C) Any chartered city or non-chartered city, or

"(D) Any school district, except when the proposed use is for non-classroom facilities;

"(2) Work located primarily in a public way;

"(3) Public utility towers and poles;

"(4) Mechanical equipment not specifically regulated in any of the codes; and

"(5) Hydraulic flood control structures.

"(b) Additions, alterations, reconstruction, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise specifically provided in the codes.

"(c) Where, in any specific case, different sections of the codes as defined herein specify different materials, methods of construction, or other requirements, the most restrictive shall govern.

"(d) Whenever in the codes reference is made to any appendix, only the provisions of a particular appendix which are specifically adopted shall apply."

Uniform Administrative Code Section 103 is hereby amended to include:

"Sec. 103. Definitions. For the purpose of the uniform codes, certain terms are defined as follows:

"(1) `Board of appeals' means the board created to hear and determine appeals from a decision or order of the building inspection superintendent.

"(2) `Building inspection superintendent' means the officer or other person charged with the administration and enforcement of the following codes of the city:

"(A) Building Code,

"(B) Building Conservation Code,

"(C) Housing Code,

"(D) Plumbing Code,

"(E) Mechanical Code,

"(F) Electrical Code,

"(G) Historical Buildings Code,

"(H) Relocation of Buildings Code,

"(I) Building Security Code,

"(J) Engergy Code.

"(3) `Building official' or `chief building official' means building inspection superintendent.

"(4) `The codes' mean each and all of the following codes of the city:

"(A) Building Code,

"(B) Building Conservation Code,

"(C) Housing Code,

"(D) Plumbing Code,

"(E) Mechanical Code,

"(F) Electrical Code,

"(G) Historical Buildings Code,

"(H) Relocation of Buildings Code,

"(I) Building Security Code,

Uniform Administrative Code Section 204 is hereby amended to read:

"Sec. 204. Board of Appeals.

"There is hereby created a board of appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction, and who shall be appointed by the city council. The building inspection superintendent shall be an ex officio member and shall act as secretary of the board. The board of appeals shall have the following powers and duties:

"(a) To adopt reasonable rules and regulations for conducting its meetings and performing its duties;

"(b) To determine the suitability of alternate materials and types of construction and to provide reasonable interpretations of the provisions of the several building and housing codes;

"(c) To hear and determine all appeals from the decisions or orders of the building inspection superintendent;

"(d) To conduct reasonable investigations in connection with the enforcement of the codes;

"(e) To render all decisions and findings in writing to the building inspection superintendent, and to provide copies thereof to the city council and any person interested or affected by each such decision and finding;

"(f) To recommend to the city council any new legislation consistent with the codes;

"(g) To perform such other duties as it may be directed and ordered to perform by the city council."

Uniform Administrative Code Section 205 is hereby amended to read:

"Sec. 205. Violations.

"It is unlawful for any person to perform any grading, or to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or to install or maintain any plumbing or drainage systems, or any mechanical systems, or any electrical wiring or fire safety systems in or about any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of the administrative or technical code. Each such person is guilty of a separate offense for each and every day during any portion of which a violation of any provision of any codes continued, or permitted by such person and shall be punishable accordingly."

Uniform Administrative Code Section 301 is hereby amended to read:

"Sec. 301. Permits Required.

"(a) No person shall perform any grading or erect, construct, relocate, enlarge, alter, repair, move or improve, remove, convert, or demolish any building or structure in the city, including any plumbing and drainage system, solar energy collection system, mechanical system or electrical wiring in connection therewith, or cause the same to be done, without first obtaining a separate permit for each such building or structure, including any plumbing and drainage system, solar energy collection system, or mechanical or electrical wiring.

"(b) No person shall do or cause to be done any gas piping, plumbing, drainage, house sewer, private sewage disposal, or private storm drainage work regulated by the codes without first securing a separate permit for each building or structure or drainage system.

"(c) No person shall do or cause to be done any alteration or addition to any existing wiring, or any wiring for the placing or installation of any electric light, power or heating device, or any apparatus which generates, transmits, transforms or utilizes electricity, operating at a voltage exceeding twenty-five volts between conductors or capable of supplying more than fifty watts without first securing a permit therefor.

"(d) No person shall do or cause to be done any installation of or any alteration or addition to any heating and comfort cooling equipment regulated by the mechanical code without first obtaining a separate permit.

"(e) No permit shall be required:

"(1) For stopping of leaks in drains, soil, waste or vent pipe; provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as herein provided;

"(2) For the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures;

"(3) For minor repair work including repairing drop cords, flush and snap switches, replacing fuses, changing lamp sockets and receptacles, and taping bare joints;

"(4) For portable heating, ventilating or comfort cooling appliances;

"(5) For minor repairs, replacement of parts and maintenance which does not alter the equipment approval or make the appliance unsafe."

Uniform Administrative Code Section 302 is hereby amended to read:

"Sec. 302. Application for Permit.

"302.1 Application. An application for a permit shall be made in writing on the form provided by the city and which when completed shall:

"6. Be signed by the permittee, or authorized agent, who may be required to submit evidence to indicate such authority.

"302.2 Two sets of plans and specifications shall be submitted with each application for a permit and when required by the building inspection superintendent for enforcement of any provisions of the codes. The building inspection superintendent may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. When authorized by the building inspection superintendent, plans and specifications need not be submitted for any of the following:

"(1) One-story buildings of Type V conventional wood-stud construction with an area not exceeding six hundred square feet;

"(2) Small and unimportant work.

"302.3 (a) Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the codes and all relevant provisions of the Sunnyvale Municipal Code, laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building inspection superintendent may approve references on the plans to a specific section or part of a uniform code or other provisions of the Sunnyvale Municipal Code, ordinances or laws.

"(b) Computations, stress diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the building inspection superintendent.

"(c) The building inspection superintendent may approve a set of plans for a building or structure as a "standard plan," provided, the applicant has made proper application, submitted complete sets of plans, and paid the plan checking fee as required. When it is desired to use an approved "standard plan" for an identical structure, two plot plans and one duplicate plan shall be submitted, and a plan checking fee equal to one-half of the full plan-checking fee shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped, and kept on the job. In case of any deviation whatsoever from this standard plan, complete plans, together with a full plan checking fee, shall be submitted for the proposed work. Standard plans shall be valid for a period of one year from date of approval. This period may be extended by the building inspection superintendent when there is evidence that the plan may be used again."

Uniform Administrative Code Section 303 is amended to read:

"303.4 Expiration.

"(1) Every permit issued under the provisions of this title shall expire by limitation and become null and void, if the work authorized by the permit is not commenced within 180 days from the date of the permit, or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

"(2) For purposes of this title, the failure of the permittee to call for an inspection within one year of the date the permit was originally issued, or within 180 days of the last inspection, shall create a rebuttable presumption that the work authorized by the permit has been suspended or abandoned, and the building inspection superintendent may make a determination that the permit has expired.

"(3) Upon a determination by the building inspection superintendent that a permit has expired, the permittee shall be notified in writing that such a determination has been made and advises that the permittee may produce evidence at an administrative hearing, to be conducted by the building inspection superintendent or designee, within 30 days to demonstrate that the work has not been suspended or abandoned for a period of 180 days or more. Such evidence may include, but need not be limited to, contracts, invoices, purchase orders, or photographs clearly depicting work performed pursuant to the permit. The failure of the permittee to respond to the notice, or to fail to appear at the administrative hearing, shall be deemed conclusive evidence that the permit has expired.

"(4) At the conclusion of the administrative hearing, the building inspection superintendent may (1) decide that the permit is still valid, (2) grant an extension not to exceed 180 days, or (3) determine that the permit has expired. If it is determined that the work authorized by the permit has been suspended or abandoned for a period of 180 days or more since the permit was issued, the building inspection superintendent shall make a finding to that effect and declare that the permit has expired.

"(5) Within 15 days of the date of the decision determining the permit has expired, the permittee may appeal that decision in writing to the board of appeals. The board shall be convened within 30 days of the date of the receipt of a written appeal for the purpose of conducting a hearing. The permittee shall be allowed to present evidence in support of the claim that the work authorized by the permit had not been suspended or abandoned for a period in excess of 180 days. The decision of the board of appeals shall be final and shall be rendered, in writing, to the building inspection superintendent and the permittee.

"(6) If a permit has expired, no work may be recommenced until a new permit is obtained. The fee for a new permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that the period of suspension or abandonment was not in excess of one year, in which case the permittee shall pay a new, full permit fee and plan review fee.

"(7) Any permittee holding an unexpired permit may apply for an extension of the time within which to commence or complete work under the permit. Such requests must be submitted, in writing, prior to the time that a notice issued pursuant to subsection (c) has been sent, and must show that circumstances beyond the control of the permittee have prevented the permittee from commencing or completing the work authorized by the permit. The building inspection superintendent may extend the time for commencement or completion of the work for a period not to exceed 180 days. No permit shall be extended more than once.

"303.5 Suspension or Revocation. The building inspection superintendent may, in writing, suspend or revoke a permit issued under provisions of any of the codes whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of the Sunnyvale Municipal Code or any ordinance or regulation or any of the provisions of any code. The decision of the building inspection superintendent to revoke a permit may be subject to review by the city council at the request of the applicant."

Uniform Administrative Code Section 304(c) is hereby amended to read:

"Sec. 304. Fees.

. . . .

"(c) Plan Review Fees. When the valuation of the proposed construction exceeds one thousand dollars and a plan is required to be submitted a plan checking fee shall be paid at the time of submitting plans and specifications for checking. The plan checking fee shall be equal to seventy percent of the building permit fee."

Construction activity shall be permitted between the hours of seven a.m. and six p.m. daily Mondays through Fridays. Saturday hours of operation shall be between eight a.m. and five p.m. There shall be no construction activity on Sundays or national holidays.

No loud environmentally disruptive noises, such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments, radios, etc. will be allowed where such noises may be a nuisance to adjacent residential neighborhoods.

Exception: (a) Construction activity is permitted for homeowner permits when the work is being performed by the owner of the property provided no construction activity is conducted prior to six a.m. or after seven p.m. Mondays through Saturdays and prior to eight a.m. and after five p.m. on Sundays or national holidays.

(b) Where emergency conditions exist, construction activity may be permitted at any hour or day of the week. Such emergencies shall be completed as rapidly as possible to prevent any disruption to the residential neighborhoods.