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CC - Item 6A - Second Reading and Adoption of CA Buidling LawsROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 11, 2011 SUBJECT: PUBLIC HEARING ON SECOND READING AND ADOPTION OF CALIFORNIA BUILDING LAWS AND FIRE CODE AS AMENDED BY LOS ANGELES COUNTY SUMMARY Every three (3) years the City of Rosemead adopts the California Building Laws and Fire Codes as amended by Los Angeles County. Both the State of California and County of Los Angeles have completed their adoption process and the City will now adopt the County Codes — Titles 26 through 32. This ordinance was introduced for adoption at the December 14, 2010 City Council meeting. Staff Recommendation That the City Council: 1) Conduct a,Public Hearing and adopt Ordinance 909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 01= ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT OODE SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE (TITLE 29 LOS-ANGELES COUNTY MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN STANDARDS BUILDING CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE), CALIFORNIA FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE) AND ADOPTING LOCAL AMENDMENTS THERETO ITEM NUMBER: L DN City Council Meeting January 11, 2011 Pace 2 of 3 BACKGROUND: The State of California Building Standards Commission (BSC) adopts mandatory State wide Building Laws on a tri- annual basis. In January 2010, the BSC adopted the latest model codes after making amendments based on California requirements. The State Building Laws were published on July 1, 2010. Local jurisdictions have 180 days to adopt the State Building Laws and to make any amendments based on local geographic, topographic, climatic, and environmental conditions. The State Building Laws became effective statewide on January 1, 2011. In addition to the model Building, Electrical, Mechanical, Plumbing and Fire Codes, the State adopted for the first time a separate Residential Code based the 2009 International Building Code and new Green Building Standards Code. Since incorporation, the City of Rosemead has adopted the County of Los Angeles Building Laws and Fire Code which both amend and adopt the State Building Laws and Fire Code. On November 23, the Los Angeles County Board of Supervisors adopted Titles 26 (Building), 27 (Electrical), 28 (Plumbing), 29 (Mechanical), 30 (Residential) and 31 (Green Building Standards) which adopted the California Building Laws with amendments and made the necessary findings based on climatic, topographical and geologic conditions. On November 30, 2010 the Los Angeles County Board of Supervisors adopted Title 32 Fire Code with amendments and made the necessary findings based on climatic, topographical and geologic conditions. Copies of the County Ordinances are available in the City Clerk's Office. The Council previously adopted Urgency Ordinance 908 at the December 14, 2011 Council meeting in order to meet the January 1, 2011 deadline for adopting the County codes including amendments. DISCUSSION: The State adopted the same group of model building, electrical, plumbing, mechanical, and fire codes that they adopted in 2007. The new codes are 2009 editions (2008 for National Electrical Code) and are the result of the national three (3) year cycle of code updates and amendment processes. In addition, the State adopted for the first time the International Residential Code 2009. This new code provides for a number of new prescriptive measures for residential construction. These new prescriptive measures allow both the design and construction for one and two family dwellings without requiring additional engineering design. However, the most significant change with the adoption of the International Residential. Code is the requirement for all new one and two dwellings to have fire sprinklers. This requirement is specific for all new construction in the State of California. The State also adopted the new Green Building Standards Code 2010 (CAL Green) mandating new requirements for the planning, design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, environmental quality, and installer and special inspector qualifications. These new requirements in conjunction with the 2008 Energy requirements will greatly increase the energy efficiency and natural resource conservation of all new buildings submitted for plan check and constructed after January 1, 2011. The revisions to Titles 15 and 8 of the Rosemead Municipal Code that are herein recommended by staff include: City Council Meeting January 11, 2011 Page 3 of 3 BEFORE AFTER California Building Code 2007 California Building Code 2010 Title 26 Los Angeles County Building Code 2007 Title 26 Los Angeles County Building -Code 2010 California Plumbing Code 2007 California Plumbing Code 2010 Title 28 Los Angeles County Plumbing Code 2007 Title 28 Los Angeles County Plumbing Code 2010 California Electrical Code 2007 'California Electrical Code 2010 Title 27 Los Angeles County Electrical. Code 2007 Title 27 Los Angeles County Electrical Code 2010 California Mechanical Code 2007 California Mechanical Code 2010 Title 29 Los Angeles County Mechanical, Code 2007 Title 29 Los Angeles County Mechanical Code 2010 Not applicable — new code California Residential Code 2010 Not applicable — new code Title 30 Los Angeles County Residential Code 2010 Not applicable — new code California Green Standards Code 2010 Not applicable — new code Title 31 Los Angeles County Green Standards Code 2010 California Fire Code 2007 California Fire Code 2010 Title 32 Los Angeles County Fire Code 2007 :Title 32 Los Angeles County Fire Code 2010 ENVIORNMENTAL ANALYSIS These Ordinances have been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines 15061(b) (3) as a project that has no potential for causing a significant effect on the environment. PUBLIC HEARING NOTICE: This item has been noticed through the required public posting requirements of the regular agenda notification process for Municipal Code Text Amendments, pursuant to Section 17.108 of the Rosemead Municipal Code, which includes publication in the San Gabriel Valley Tribune and posting of the notice at six (6) public locations. Pre 7 red by Submitted by Stan Wong James M. Guerra ��/ or �1 Consulting Building Official Community Development Director Attachments: A. Ordinance 909 B. 2010 Code Change Summary information sheet C. Housing and Community Development CAL Green information sheet ORDINANCE NO. 909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE),. THE CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE (TITLE 31 LOS ANGELES COUNTY GREEN, BUILDING STANDARDS CODE), CALIFORNIA FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE) AND ADOPTING LOCAL AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1 . Section 15.04.010 of the Rosemead Municipal Code is hereby amended to read as follows: 15.04.010 California Building Code as amended by Los Angeles County Building Code adopted. (A) The 2010 California Building Code as amended by Title 26 Los Angeles County Building Code (adopted November 23, 2010, by the Los Angeles County Board of Supervisors), together with their appendices, which regulate the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the City, provide for the issuance of permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. 1 (B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully setforth in this chapter with the exceptions, deletions, additions, and amendments thereto as setforth in this subchapter. Section 2 Section 15.04.020 of the Rosemead Municipal Code is hereby amended by the adding the following definition: Rehabilitation Appeals Board per section 99.06. shall mean the City Council of the City of Rosemead. Section 3 . Section 15.04.060 of the - Rosemead Municipal Code is hereby amended to read as follows: 15.04.060 Violations — Penalties. Every person violating any provision of the 2010 California Building Code as amended by Title 26 Los Angeles County Building Code and appendices, adopted by reference by Section 15.04.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. Section 4 Section 15.08.010 of the Rosemead Municipal Code is hereby amended to read as follows: 2 15.08.010 California Electrical Code as amended by Los Angeles County Electrical Code adopted. (A) The 2010 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code (adopted November 23, 2010, by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and workmanship in the City, provides for the issuance of permits and collection of fees therefor and provides penalties for violations thereof, with all changes and amendments thereto, is hereby adopted by reference, and all conflicting ordinances are hereby repealed. (B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter. Section 5. Section 15.08.040 of the Rosemead Municipal Code is hereby amended to read as follows: 15.08.040 Violations - Penalties Every person violating any provision of the 2010 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code adopted by reference by Section 15.08.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. 3 Section 6 . Section 15.12.010 of the Rosemead Municipal Code is hereby amended to read as follows: 15.12.010 California Plumbing Code as amended by Los Angeles County Plumbing Code adopted. (A) The 2010 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (adopted November 23, 2010, by the Los Angeles County Board of Supervisors), which provide minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of plumbing and drainage, materials, venting, wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related products, and workmanship in the City, provides for the issuance of permits and collection of fees therefor and provides for penalties the violations thereof, with certain changes and amendments thereto, is hereby adopted by reference, and all conflicting ordinances are hereby repealed. (B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter. Section 7 . Section 15.12.040 of the Rosemead Municipal Code is hereby amended to read as follows: 15.12.040 Violations - Penalties Every person violating any provision of the 2010 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code and appendices, adopted by reference by Section 15.12.010, or of any permit or license granted.thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not 0 excuse the violation or permit it to continue. 'Each day that a violation occurs shall constitute a separate offense. Section 8 Section 15.16.010 of the Rosemead Municipal Code is hereby amended to read as follows: 15.16.010 California Mechanical Code as amended by Los Angeles County Mechanical Code adopted. (A) The 2010 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code (adopted November 23, 2010, by the Los Angeles County Board of Supervisors), which regulates and controls the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, venting, cooling, refrigeration systems, or other miscellaneous heat - producing appliances in the City, provide for the issuance of permits and collection of fees therefor, and provides for penalties for violations thereof, with certain changes and amendments thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. (B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully setforth in this chapter with the exceptions, deletions, additions, and amendments thereto as setforth in this subchapter. Section 9 . Section 15.16.040 of the Rosemead Municipal Code is hereby amended to read as follows: 15.16.040 Violations - Penalties Every person violating any provision of the 2010 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code and appendices, adopted by reference by Section 15.16.010, or of any permit or license granted thereunder, or any rules or regulations promulgated E pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. Section 10 Section 15.18.010 is hereby added to the Rosemead Municipal Code and reads as follows: 15.18.010 California Residential Code as amended by Los Angeles County Residential Code adopted. (A) The 2010 Residential Building Code as amended by Title 30 Los Angeles County Residential Code (adopted November 23, 2010, by the Los Angeles County Board of Supervisors), together with their appendices, which regulate the_erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of one and two - dwelling buildings or structures within the City, provide for the issuance of permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. (B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter. Section 11 Section 15.18.040 is hereby added to the Rosemead Municipal Code and reads as follows: on 15.18.040 Violations - Penalties Every person violating any provision of the 2010 California Residential Code as amended by Title 30 Los Angeles County Residential Code and appendices, adopted by reference by Section 15.18.010, or of any permit or license granted there under, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. Section 12 Section 15.20.010 is hereby added to the Rosemead Municipal Code and reads as follows: 15.20.010 California Green Standards Code as amended by Los Angeles County Green Standards Code adopted. (A) The 2010 Green Standards Code as amended by Title 31 Los Angeles County Building Code (adopted November 23, 2010, by the Los Angeles County Board of Supervisors), together with their appendices, which regulate the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the City, provide for the issuance of permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. (B) All of the regulations, provisions; conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter. Section 11 Section 15.20.040 is hereby added to the Rosemead Municipal Code and reads as follows: VA 15.18.040 Violations - Penalties Every person violating any provision of the 2010 California Green Building Standards Code as amended by'Title 31 Los Angeles County Residential Code and appendices, adopted by reference by Section 15.18.010, or of any permit or license granted there under, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. Section 12 . Section 8.24.010 of the Rosemead Municipal Code is hereby amended to read as follows: 8.24.010 California Fire Code as amended by Los Angeles County Fire Code adopted. (A) The 2010 California Fire Code as amended by Title 32 Los Angeles County Fire Code (adopted November 30, 2010 by the Los Angeles County Board of Supervisors), together with their appendices, prescribing regulations generally governing conditions hazardous to life and property from fire, hazardous materials or explosions, and provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. (B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter. Section 13 . Section 8.24.040 of the Rosemead Municipal Code is hereby amended to read as follows: 0 8.24.040 Violations — Penalties. Every person violating any provision of the 2010 California Fire Code as amended by Title 32 Los Angeles County Fire Code and appendices, adopted by reference by Section 8.24.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. Section 14. The City Council hereby makes each finding of reasonable necessity for modifications as stated separately for each such modification as identified in Los Angeles County Titles 26, 27, 28 , 29, 30, 31, and 32. These modifications to the California Building Standards Code, incorporating the uniform codes are reasonably necessary due to the local climate, characterized by hot, dry summers and the high potential for seismic activity, which make structures particularly vulnerable to rapidly spreading fires and structural damage. Section 15 . Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity'or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 16 This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no potential for causing a significant effect on the; environment. 0 Section 17. The City Clerk shall cause this Ordinance to be processed according to law. Section 18 . The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. APPROVED and ADOPTED this 11` DAY of January, 2011 YES: NO: ABSTAIN: ABSENT: GARY TAYLOR, MAYOR ATTEST: GLORIA MOLLEDA, CITY CLERK APPROVED AS TO FORM RACHEL RICHMAN, CITY ATTORNEY 10