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CC - Item 2A - Introduction Of Urgency Ordinance 824 _ Adoption Of Los Angeles Buidling laws By Reference~ 1)2 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: ILL CROWE, CITY MANAGER DATE: OCTOBER 8, 2002 SUBJECT: INTRODUCTION OF URGENCY ORDINANCE 824-ADOPTION OF LOS ANGELES BUILDING LAWS BY REFERENCE Since incorporation, the City of Rosemead has adopted the Los Angeles County Codes by reference. These codes contain essential amendments and additions to the Uniform Codes or State Buildings Laws. Included in these amendments are the administrative portions of the laws as well as such important chapters for grading and substandard properties. The State of California now also adopts State Buildings Laws. In order for a City to make amendments to the State Building Laws, it must make specific findings based on local climatic, topographical, and/or geological conditions. As in past code adoptions, the City of Rosemead has used the County code adoption process to make those findings for its local amendments and has adopted the County codes by reference. The County Codes were not approved by the County Board of Supervisors until September 24, 2002. Once again, the County adoption schedule did not allow sufficient time for the City to follow its standard process of first and second reading of the ordinance and a 30-day effective period. Therefore, in order for the City to both adopt the County codes by reference and meet the November 1, 2002 effective date, the City must adopt its new codes by urgency. RECOMMENDATION It is recommended that the Council introduce Ordinance 824 U and set the public hearing and adoption for October 22, 2002. AGENDA O C T 0 8 2002 ITEM No. URGENCY ORDINANCE NO. 824 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: 15.04.010 California Building Code as amended by Los Angeles County Building Code adopted. . (A) The 2001 California Building Code as amended by Title 26 Los Angeles County Building Code (.Adopted September 24, 2002 by the Los Angeles County Board of Supervisors), together with their appendices, which regulate the erection, construction, enlargements, 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 violation 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 to read as follows: 15.04.060 Violations - Penalties. Every person violating any provision of the 2001 California Building Code as amended by Title 26 Los Angeles County Building Code and appendices, adopted by reference by 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 ofthe 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 2001California Electrical Code as amended by Title 27 Los Angeles County Electrical Code (Adopted September 24, 2002 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 the 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. 2 Section 4. 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 2001 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code and appendices, adopted by reference by 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 2001 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (Adopted September 24, 2002 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 the 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. 3 Section 6. Section 15.12.040 of the Rosemead Municipal Code is amended to read as follows: 15.12.040 Violations - Penalties Every person violating any provision of the 2001 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code and appendices, adopted by reference by 115.12.010, 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 2001 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code (Adopted September 24, 2002 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 for the violation 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 ofthe Rosemead Municipal Code is hereby amended to read 4 as follows: 15.16.040 Violations - Penalties Every person violating any provision of the 2001 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code and appendices, adopted by reference by 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, 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 October 31, 2002, 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 5 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 200 California Building, Plumbing, Mechanical, and Electrical Codes and any amendments there to, by October 31, 2002. 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 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 threatened the public, health, and safety. Accordingly, this ordinance shall be an Urgency Ordinance and shall take effect immediately and become operative October 31, 2002. APPROVED and ADOPTED this 22nd day of October 2002. MAYOR ATTEST: NANCY VALDERRAMA - CITY CLERK 6