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Ordinance No. 991 - Urgency Ordinance Adopting The California Building Standards Code, The California Electrical, Plumbing, Mechanical, Green Building, and Existing Building Code and Adopting Local Amendments URGENCY ORDINANCE NO. 991 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2019 CALIFORNIA BUILDING STANDARDS AND THOSE CODES AS AMENDED AND ADOPTED BY LOS ANGELES COUNTY AS NOTED INCLUDING; THE CALIFORNIA BUILDING CODE-VOLUMES 1 AND 2 (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),THE CALIFORNIA EXISTING BUILDINGS CODE(TITLE 33 LOS ANGELES COUNTY EXISTING BUILDING CODE), THE CALIFORNIA ENERGY CODE, THE CALIFORNIA HISTORICAL BUILDINGS CODE, ADOPTING LOCAL AMENDMENTS THERETO AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: - SECTION 1. URGENCY FINDINGS: A. California State law requires localities, such as the City of Rosemead,to adopt the 2019 California Building,Plumbing,Mechanical,Electrical,Green Building,and Residential Codes and any modifications there to,by January 1.2020.Due to the late adoption by Los Angeles County and the end of the year holidays the City is only now able to adopt these Codes. B. Government Code sections 36934 and 36937 authorize ordinances to take effect immediately if they are for the immediate preservation of the public peace,health or safety,contain a declaration of the facts constituting the urgency, and are passed by a four-fifths vote of the city council. C. The City Council finds that it is essential and imperative that the City adopt this Ordinance as an urgency, adopting by reference the above-listed Codes and modifications necessitated by local topographical; geological, and climatic conditions by that date. The City Council further finds that in the absence of legislation effective by that date, technical codes adequate to meet the City's special circumstances will not be in effect and hazards will be posed which would immediately threaten the public peace, health, and safety. D. Accordingly,the City Council finds that this Urgency Ordinance is necessary to be adopted for the immediate preservation of public peace, health and safety of the City and its residents. SECTION 2. 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 2019 California Building Code as amended by Title 26 Los Angeles County Building Code (adopted November 26, 2019, 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 3. 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 4. 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 2019 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 5. 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. (A) The 2019 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code (adopted November 26, 2019, 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 6. 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 2019 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 7. 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 2019 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (adopted November 26, 2019, 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 8. 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 2019 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. SECTION 9. 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 2019 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code(adopted November 26,2019,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 thereof, 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 10. 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 2019 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 separate offense. SECTION 11. SECTION 15.18.010 of the Rosemead Municipal Code is hereby amended to read as follows: 15.18.010 California Residential Code as amended by Los Angeles County Residential Code adopted. (A) The 2019 California Residential Building Code as amended by Title 30 Los Angeles County Residential Code (adopted November 26, 2019, 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 12. 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 2019 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 13. SECTION 15.20.010 of the Rosemead Municipal Code is hereby amended to read as follows: 15.20.010 California Green Building Standards Code as amended by Los Angeles County Green Building Standards Code adopted. (A) The 2019 California Green Building Standards Code as amended by Title 31 Los Angeles County Green Standards Code(adopted November 26,2019,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 14. SECTION 15.20.040 of the Rosemead Municipal Code is hereby amended to read as follows: 15.20.040 Violations -Penalties Every person violating any provision of the 2019 California Green Building Standards Code as amended by Title 31 Los Angeles County Green Building Code and appendices, adopted by reference by SECTION 15.20.010, 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 15. SECTION 15.22.010 of the Rosemead Municipal Code is hereby amended to read as follows: 15.22.010 California Existing Code as amended by Los Angeles County Existing Building Code adopted. (A) The 2019 California Existing Building Code as amended by Title 33 Los Angeles County Existing Building Code(adopted November 26,2019,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 thereof,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 16. SECTION 15.22.040 of the Rosemead Municipal Code is hereby amended to read as follows: 15.22.040 Violations -Penalties Every person violating any provision of the 2019 California Existing Building Code as amended by Title 33 Los Angeles County Existing Code and appendices, adopted by reference by SECTION 15.22.010, 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 17. SECTION 15.24.010 of the Rosemead Municipal Code is hereby added to read as follows: 15.24.010 California Energy Code adopted. (A) The 2019 California Energy Code,together with their appendices,which regulate the energy efficient design of newly constructed or altered buildings or structures within the City, provide for the issuance of permits and collection of fees thereof, 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 18. SECTION 15.24.040 of the Rosemead Municipal Code is hereby added to read as follows: 15.24.040 Violations -Penalties Every person violating any provision of the 2019 California Energy Code, adopted by reference by SECTION 15.24.010, 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 19. SECTION 15.26.010 of the Rosemead Municipal Code is hereby added to read as follows: 15.26.010 California Historical Buildings Code adopted. (A) The 2019 California Historical Buildings Code,together with their appendices,which regulate the design,construction,and alterations to historical buildings or structures within the City, provide for the issuance of permits and collection of fees thereof, 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 20. SECTION 15.26.040 of the Rosemead Municipal Code is hereby added to read as follows: 15.26.040 Violations - Penalties Every person violating any provision of the 2019 California Historical Buildings Code, adopted by reference by SECTION 15.26.010, 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 21. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional SECTION 21 . Effective Date. This ordinance, as an urgency measure pursuant to Government Code section 36937,takes effect immediately upon its adoption by a four-fifths vote of the City Council and shall apply to all projects submitted for plan check on or after that date. SECTION 22. Environmental Findings. 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 23. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. SECTION 24. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. PASSED, APPROVED AND ORDAINED this 14th day of January, 2020. Margaref'Clark, Mayor A'PROVED AS TO FORM: ATTEST: !), ) (r) Rachel Richman,City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I,Ericka Hernandez,City Clerk of the City Council of the City of Rosemead,California,do hereby certify that the foregoing Urgency Ordinance No. 991, was introduced and adopted at a regular meeting of the City Council of the City of Rosemead held on the 14th day of January, 2020,by the following vote: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE - ABSTAIN: NONE Yaw Ericka Hernandez, City Clerk