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Ordinance No. 939 - Adopting by Reference the California Building Standards Code, Title 26, Electrical Code, Title 27, Plumbing Code, Title 28, Mechanical Code, Title 29, Residential Code, Title 30, Green Building Code, Title 31ORDINANCE NO. 939 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 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provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. 1 B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible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 Califomia 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 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. 2 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 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 5 separate offense. Section Section 15.18.010 of the Rosemead Municipal Code is hereby to read as 15.18.010 California Residential Code as amended by Los Angeles County adopted. Residential Code 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. Sect Section 15.18.040 of the Rosemead Municipal Code is hereby amended to read as follows: 1 5- 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 not to exceed six months, IJ 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 UI 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 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 15. The City Clerk shall certify to the adoption of this Ordinance. Section 16. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. (Signatures on Following Page) 8 PASSED, APPROVED, AND ADOPTED this 14 day of January, 2014. Polly Low, yo City of Rose d, California ATTEST: t Iona, Molleda, ity Clerk City of Rosemead, California: APPROVED AS TO FORM Rachel H. Richman, City Attorneby Burke, Williams & Sorensen, LLP 0 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 Ordinance No. 939 was regularly introduced and placed upon its first reading at a regularly meeting of the City Council on the 10th of December, 2013. That after said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th of January, 2014 by the following vote to wit: Yes: Alarcon, Armenta, Clar, Low, No: None Abstain: None Absent: None Gloria Molleda City Clerk ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: OCTOBER 22, 2013 SUBJECT: ORDINANCE NO. 939 — SECOND READINGS: ADOPTION OF THE CALIFORNIA BUILDING LAWS AS AMENDED BY LOS ANGELES COUNTY SUMMARY On December 10, 2013, the City Council introduced Ordinance No. 939, adopting the California Building Laws as amended by Los Angeles County. Ordinance No. 939 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 939 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by �4tU-CL&l GLORIA MOLLEDA CITY CLERK Attachment A — Ordinance No. 939 ITEM NUMBER: