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Ordinance No. 938 - Urgency Ordinance Adopting the California Building Standard Code, Electrical Code, Plumbing Code, Mechanical Code, Residential Code, Green Building Code and Adopting Local Amendments Thereto and Declaring the Urgency.URGENCY ORDINANCE NO. 938 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), AND ADOPTING LOCAL AMENDMENTS THERETO AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDIAN 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 2013 California Building Code as amended by Title 26 Los Angeles County Building Code (adopted November 25, 2013, 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provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. 1 B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible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 set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth 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 2013 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: 15.08.010 California Electrical Code as amended by Los Angeles County Electrical Code adopted. 2 A. The 2013 California Electrical Code as amended by Title 27 Los.Angeles County Electrical Code (adopted November 26, 2013, 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 2013 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code and appendices, 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. Section 6. Section 15.12.010 of the Rosemead Municipal Code is hereby amended to read as follows: 3 15.12.010 California Plumbing Code as amended by Los Angeles County Plumbing Code adopted. A. The 2013 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (adopted November 26, 2013, 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 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 2013 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 notto 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. Ig 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 2013 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code (adopted November 26, 2013, 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 set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth 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 2013 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 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 5 separate offense. Section 10. Section 15.18.010 of the Rosemead Municipal Code is hereby to read as follows: 15.18.010 California Residential Code as amended by Los Angeles County Residential Code adopted. A. The 2013 Residential Building Code as amended by Title 30 Los Angeles County Residential Code (adopted November 26, 2013, 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 of the Rosemead Municipal Code is hereby amended to read as follows: 15.18.040 Violations - Penalties Every person violating any provision of the 2013 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 notto exceed six months, C 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 of the Rosemead Municipal Code is hereby amended to read as follows: 15.20.010 California Green Standards Code as amended by Los Angeles County Green Standards Code adopted. A. The 2013 Green Standards Code as amended by Title 31 Los Angeles County Building Code (adopted November 25, 2013, 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 of the Rosemead Municipal Code is hereby amended to read as follows: 15.18.040 Violations - Penalties Every person violating any provision of the 2013 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 7 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. 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, and 31. 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 13 . 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 14. This Ordinance shall take effect on January 1, 2014, and shall apply to all projects submitted for plan check on or after that date. Section 15. 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. Section 16. The City Clerk shall certify to the adoption of this Ordinance. 93 Section 17. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. Section 18. Urgency Findings. State Law requires localities to adopt the 2013 California Building, Plumbing, Mechanical, Electrical, Residential, Green Standards and Fire Codes and any amendments thereto, by December 31, 2013. It is essential that the City adopt the above stated Codes and modifications necessitated by local topographical, geological, and climatic conditions by that date. In the absence of legislation effective by that date, technical codes adequate to meet the City's special circumstances will not be in effect by that date and hazards will be posed which would immediately threaten the public health and safety. Accordingly, this ordinance shall be an Urgency Ordinance and shall take effect immediately and become operative January 1, 2014. PASSED, APPROVED, AND ADOPTED this day of e , 2013. Polly Low �,P ayo City of Rose mea , California ATTEST: to a, Molleda, City Clerk City of Rosemead, California: APPROVED AS TO FORM Z a4: Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP IN ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: DECEMBER 10, 2013 SUBJECT: PUBLIC HEARING ON THE ADOPTION OF CALIFORNIA BUILDING LAWS AS AMENDED BY LOS ANGELES COUNTY SUMMARY Every three (3) years the City of Rosemead adopts the California Building Laws 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 31. Staff Recommendation It is recommended that the City Council take the following actions: 1. Move to INTRODUCE and ADOPT, by title only, Urgency Ordinance No. 938 (Attachment "A ") 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 Standards Building Code (Title 31 Los Angeles County Green Building Standards Code), and adopting local amendments thereto and declaring the urgency thereof; and 2. Move to INTRODUCE FIRST READING, by title only, Ordinance No. 939 (Attachment "B ") 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 Standards Building Code (Title 31 Los Angeles County Green Building Standards Code), and adopting local amendments thereto. n ITEM NUMBER: City Council Report December 10, 2013 Page 2 of 3 BACKGROUND The State of California Building Standards Commission (BCS) adopts mandatory State wide Building Laws on a tri- annual basis. In January 2013, the BCS adopted the latest model codes after making amendments based on California requirements. The State Building Laws were published on July 1, 2013. 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 become effective statewide on January 1, 2014. Since incorporation, the City of Rosemead has adopted the County of Los Angeles Building Laws which both amends and adopts the State Building Laws and Fire Code. On November 26, 2013 the Los Angeles 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, typographical and geologic conditions. The adoption date by the County does not allow sufficient time for the normal City ordinance adoption process. Therefore in order for the City's new buildings laws to become effective on January 1, 2014, the City must adopt the County ordinances by an urgency ordinance. Therefore, the City Council will be asked to adopt Urgency Ordinance No. 938, as well as introducing non - urgency Ordinance No. 939 adopting the County Codes. Copies of the County Ordinances are available in the City Clerk's Office. DISCUSSION: The State adopted the same group of model building, electrical, plumbing, and mechanical and fire codes that they adopted in 2010. The new codes are 2012 editions (2011 for National Electrical Code) and are the result of the national three (3) year cycle of code updates and amendment processes. In this code cycle there are no new major code changes or additional codes. Los Angeles County staff as well as the City of Rosemead staff participated in the development of specific code amendments for Los Angeles County through the Los Angeles County Region Code Program (LACRUP). This program's recommendations are the basis for the County amendments, which the City of Rosemead is adopting. The revisions to Title 15 and 8 of the Rosemead Municipal Code that are herein recommended include: City Council Report December 10, 2013 Pace 3 of 3 BEFORE California Building Code 2010 AFTER California Building Code 2013 Title 26 Los Angeles County Building Code 2010 Title 26 Los Angeles County Building Code 2013 California Plumbing Code 2010 California Plumbing Code 2013 Title 28 Los Angeles County Plumbing Code 2010 Title 28 Los Angeles County Plumbing Code 2013 California Electrical Code 2010 California Electrical Code 2013 Title 27 Los Angeles County Electrical Code 2010 Title 27 Los Angeles County Electrical Code 2013 California Mechanical Code 2010 California Mechanical Code 2013 Title 29 Los Angeles County Mechanical Code 2010 Title 29 Los Angeles County Mechanical Code 2013 California Residential Code 2010 California Residential Code 2013 Title 30 Los Angeles County Residential Code 2010 Title 30 Los Angeles County Residential Code 2013 California Green Standards Code 2013 Title 31 Los Angeles County Green Standards Code 2010 Title 31 Los Angeles County Green Standards Code 2013 ENVIORNMENTAL ANALYSIS These Ordinances 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. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes publication in the Rosemead Reader on November 28, 2013, as well as posting of the notice at the five (5) public locations. Prepared by: Michelle G. Ramirez Community Development Director Attachments: A. Urgency Ordinance 938 B. Ordinance 939 C. Los Angeles County Titles 26, 27, 28, 29, 30 and 31. D. Los Angeles County Region Code Program 2013 Amendments STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the foregoing Urgency Ordinance No. 938 was duly and regularly approved and adopted by the Rosemead City Council on the 10th of December 2013; by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Absent: None Abstain: None oria'Molleda City Clerk M