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Ordinance No. 1012 - Adopting by Reference, Pursuant to Government Code Section 50022.2, the 2022 California Building Standards and those Codes as Amended and Adopted by Los Angeles County as Noted Including; the California Building Code-Volumes 1 and 2URGENCY ORDINANCE NO. 1012 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2022 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, WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS THERETO THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1. FINDINGS AND LOCAL CONDITIONS: A. California law requires that on January 1, 2023, all portions of the 2022 California Code of Regulations Title 24 will be effective within the City: and, B. The City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon climatic, topographical or geological conditions. C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission. D. The Building Official has recommended modifying certain parts of California Code of Regulations Title 24 due to local climatic, topographical and geological conditions in the City of Rosemead. E. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this urgency ordinance in accordance with California Health and Safety Code Section 18941.5 and are incorporated by reference herein. F. The City of Rosemead City Council hereby finds, determines and declares that those certain amendments to the State Code are appropriate and necessary to meet local conditions existing in the City of Rosemead, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological conditions. G. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the City of Rosemead Municipal Code, are exempt from the provisions of the California Environmental Quality Act. 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 2022 California Building Code as amended by Title 26 Los Angeles County Building Code (adopted November 15, 2022, 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 2. 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 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 3. 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 2022 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code (adopted November 15, 2022, 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 4. 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 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 5. Section 15.12.0 10 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 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (adopted November 15, 2022, 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 6. 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 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 7. 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 2022 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code (adopted November 15, 2022, 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 8. 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 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 9. 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 2022 California Residential Building Code as amended by Title 30 Los Angeles County Residential Code (adopted November 15, 2022, 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 10. 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 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 11. 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 2022 California Green Building Standards Code as amended by Title 31 Los Angeles County Green Standards Code (adopted November 15, 2022, 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 12. 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 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 13. 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 2022 California Existing Building Code as amended by Title 33 Los Angeles County Existing Building Code (adopted November 15, 2022, 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 14. 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 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 15. 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 2022 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 16. 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 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 17. 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 2022 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 18. 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 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 19. Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 20. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish in the manner required by law. SECTION 21. 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 22. Declaration of Urgency. This ordinance is hereby declared to be an urgency measure necessary for the immediate protection of the public health, safety and welfare. This Council hereby finds that there is a current and immediate threat to the public health, safety and welfare. Unless the City Council adopts an Urgency Ordinance effective on January 1, 2023, the 2022 California Building Codes without amendments necessary to preserve the public peace, health, safety and welfare of the City of Rosemead, will go into effect until such time as the amendment to the code can become legally effective through the standard process of Code adoption. This will result in a gap in the implementation of the more stringent Code regulations necessary for the City of Rosemead due to its unique climatic, geological and topographical characteristics. The City Council hereby finds that such a gap in the implementation of said more stringent Code regulations will result in an immediate threat to the public health, safety and welfare of the City of Rosemead. The City Council hereby finds, determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this ordinance as an urgency ordinance and hereby shall become enforceable on January 1, 2023. SECTION 23. Effective Date. This ordinance shall take effect on January 1, 2023. SECTION 24. Filing. The City Clerk shall file a certified copy of this Ordinance with 0 California Building Standards Commission. PASSED, APPROVED AND ORDAINED this 13th day of Deee er, 2022. Sean Dang, Mayor ATTEST- - 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. 1012, was introduced and adopted at a regular meeting of the City Council of the City of Rosemead held on the 13'x' day of December, 2022, by the following vote: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE ABSTAIN: NONE 10 Ericka Hernandez, City Clerk _