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CC - Item 2C - Adoption of Urgency Ordinance No. 862• ~J ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: DECEMBER 11, 2007 SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 862 RELATED TO THE ADOPTION OF 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) SUMMARY The new 2007 California Building, Electrical, Plumbing, and Mechanical Codes become effective statewide on January 1. 2008. The City of Rosemead has traditionally adopted the Los Angeles County amendments to the State Building Laws as its own amendments to these State Laws. The Los Angeles County Board of Supervisors adopted the new California Building Law as amended by the Los Angeles County Department of Public Works at its November 27, 2007 meeting. The State Building Laws are based on the 2006 International Building Code, the 2006 Uniform Plumbing and Mechanical Codes and 2005 National Electrical Code. The Building Standards Commission has amended the model codes to apply to specific California needs such as seismic, energy and disabled access requirements. The Los Angeles County Department of Public Works further amends the code to account for the unique requirements of the County of Los Angeles. The County amendments would also apply to similar conditions in the City of Rosemead. Staff Recommendation Staff recommends that the City Council approve Urgency Ordinance No. 862 on first reading. APPROVED FOR CITY COUNCIL AGENDA: 0 City Council Meeting • • December 11, 2007 Page 2 of 3 On January 30, 2007 the California Building Standards Commission unanimously adopted the 2007 Building Standards Code. The California Building Standards code was published on by the Commission on July 1, 2007, and will be applicable to all occupancies in the state beginning January 8, 2008. However, local agencies may amend the Building Code provided the amendments are supported by express findings showing that amendments are reasonably necessary because of climatic, geological, or topographical conditions. The Los Angeles Regional Uniform Code Program sponsored by the International Code Council Los Angeles Basin Chapter developed structural amendments of the 2007 California Building Code. These structural amendments are based the specific climatic, geological or topographical conditions of Los Angeles County are therefore applicable to the City of Rosemead. These are adopted as part of the Los Angeles County Building Laws. The specific findings are contained within the County adopting ordinances, The new 2007 California Building Code is based on the 2006 International Building Code rather then the previously adopted Uniform Building Code. The International Building code has replaced the three (3) previous regional building codes and provides for the first time a comprehensive national code. Some of the differences between the previous code and new code are that new code is performance based rather then prescriptive allowing more flexibility in design of structures and the new codes allow extensive use of fire sprinkler systems to meet minimum code requirements. The new 2007 State Electrical, Mechanical and Plumbing codes are based latest additions of the model codes. The formatting and approach is similar to previous model codes and has minimal code changes. ANAYSIS The Los Angeles County amendments to the California Building Laws are appropriate and applicable to the City of Rosemead including the structural amendments. Adoption of the County Building Laws will also provide continuity in the administrative portions of the codes. CONCLUSION It is staffs opinion that the proposed urgency ordinance will provide the City of Rosemead with complete update Building Buildings amended to meet specific local conditions. City Council Meeting • December 11, 2007 Page 3 of 3 Prepared by: ames M. Guerra Consulting Building Official S Manager Attachment A: Urgency Ordinance No. 862 0 0 URGENCY ORDINANCE NO. 862 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) AND ADOPTING LOCAL AMENDMENTS THERETO AND DECLARING THE URGENCY THEREOF. 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 2007 California Building Code as amended by Title 26 Los Angeles County Building Code (adopted November 27, 2007, 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 15.04.020 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 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 2007 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 2007 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code (adopted November 27, 2007, 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 2 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 2007 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 15.12.010 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 2007 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (adopted November 27, 2007, by the Los Angeles County Board of Supervisors), which regulates and controls the design, construction, quality of materials, erection, installation, 3 0 0 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 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 2007 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 2007 California Mechanical Code as amended by Title 29 Los Angeles County 4 Mechanical Code (adopted November 27, 2007, 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 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 2007 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. 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 and 29. These modifications to the California Building Standards Code, 5 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 10. 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 11. This Ordinance shall take effect on January 1, 2008, and shall apply to all projects submitted for plan check on or after that date. Section 12 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 13. The City Clerk shall cause this Ordinance to be processed according to law. Section 14. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. Section 15. Urgency Findings. State Law requires localities to adopt the 2007 California Building, Plumbing, Mechanical, and Electrical Codes and any amendments thereto, by December 31, 2007. 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 6 0 0 and safety. Accordingly, this ordinance shall be an Urgency Ordinance and shall take effect immediately and become operative January 1, 2008. APPROVED and ADOPTED this 11 th day of December 2007. MAYOR ATTEST: - CITY CLERK 7