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CC - Item 4A - Second Reading And Adoption Of Ordinance No. 1011 And Urgency Ordinance No. 1012 - Adopting By Reference The 2022 California Building Standards Code And Other Codes As Amended And Adopted By Los Angeles CountyROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: DECEMBER 13, 2022 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 1011 AND URGENCY ORDINANCE 1012 - ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND OTHER CODES AS AMENDED AND ADOPTED BY LOS ANGELES COUNTY SUMMARY On November 8, 2022, the City Council introduced for first reading, Ordinance 1011, an ordinance adopting by reference, the 2022 California Building Codes Standards and other codes amended and adopted by the Los Angeles County. The analysis of Ordinance 1011 can be found in the City Council Staff Reported dated November 8, 2022, attached as Attachment "C". Urgency Ordinance 1012, which is identical to Ordinance 1011 has also been prepared for adoption to ensure that the 2023 Los Angeles County Codes will take effect on January 1, 2023. State Law mandates that these standards are enforced in all jurisdictions beginning on January 1, 2023. Since Ordinance 1011 was introduced at the November 8, 2022 City Council Meeting, if adopted on December 13, 2022, it will not become effective until January 12, 2022 (thirty days after adoption). State law provides that if the City has not adopted its own building, residential, electrical, plumbing and mechanical codes by January 1, 2023, the State building, residential, electrical, plumbing and mechanical codes will automatically become the codes for the City. For this reason, it is recommended that the City Council also adopt Urgency Ordinance 1012. This will ensure that the 2023 Los Angeles County Codes will take effect on January 1, 2023. An urgency ordinance does not require a 30 -day waiting period and therefore will ensure that the City building, residential, electrical, plumbing and mechanical codes (based on the LA County Codes) are in place on January 1, 2023. The regular ordinance is being adopted, as a good practice measure, in case the urgency ordinance is challenged for any reason. ENVIRONMENTAL REVIEW Ordinance No. 1011 and Urgency Ordinance No. 1012 are exempt from the California Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no AGENDA ITEM 4.A City Council Meeting December 13, 2022 Page 2 of 3 potential for causing a significant effect on the environment. STAFF RECOMMENDATION That the City Council: 1. Open public hearing and receive public testimony; and 2. Move to APPROVE the second reading and ADOPT, Ordinance 1011 (Attachment "A"), by title only, an ordinance of the City Council of the City of Rosemead 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 (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. 3. Move to Introduce and Adopt Urgency Ordinance 1012 (Attachment "B"), by title only, an ordinance of the City Council of the City of Rosemead 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 (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. 4. Find that Ordinance No. 1011 and Urgency Ordinance No. 1012 are 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. FISCAL IMPACT — None. STRATEGIC PLAN IMPACT — None. City Council Meeting December 13, 2022 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ayla Jefferson, Contract Building Official Submitted by: Aoc Stan Wong, Interim Director of Community Development Attachment A: Ordinance No. 1011 Attachment B: Urgency Ordinance No. 1012 Attachment C: Staff Report dated November 8, 2022 Findings and Los Angeles County Ordinance adopting and amending the 2022 California Codes and creating the 2023 Los Angeles County Codes Due to the size of the Los Angeles County Ordinance, these documents can be viewed at the following links: Building Code and findings htV:Hfile.lacounty_gov/SDSInteribos/supdocs/173612.pdf Residential Code and findings hqp::Hfile.lacounty.gov/SDSInter/bos/supdocs/173615.pdf Electrical Code and findings htt�://file.lacogpty.gov/SDSInter/bos/supdocs/173568.pdf Plumbing Code and findings hM:Hfile.lacogM..gov/SDSInter/bos/supdocs/173643.pdf Mechanical Code and findings htty:Hfile.lacountv.gov/SDSInter/bos/supdocs/173614.pdf Existing Building Code and findings http://file.laco=. Rov/SDSInter/bo s/supdocs/ 173617.pdf California Codes can be viewed at https://www.dgs.ca.gov/BSC/Codes Attachment A Ordinance No. 1011 ORDINANCE NO. 1011 AN 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 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 15.04.0 10 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 15.12.010 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 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 a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. 8 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. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. SECTION 23. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. PASSED, APPROVED AND ORDAINED this 13'h day of December. 2022. Sean Dang, Mayor APPROVED AS TO FORM: ATTEST: 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 Ordinance No. 1011, was introduced and adopted at a regular meeting of the City Council of the City of Rosemead held on the 13' day of December, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 11 Ericka Hernandez, City Clerk Attachment B Ordinance No. 1012 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 15.12.010 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 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 15.16.0 10 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 the California Building Standards Commission. PASSED, APPROVED AND ORDAINED this 13`h day of December 2022. Sean Dang, Mayor APPROVED AS TO FORM: ATTEST: 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. 1012, was introduced and adopted at a regular meeting of the City Council of the City of Rosemead held on the 13`h day of December 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 10 Ericka Hernandez, City Clerk Attachment C Staff Report Dated November 8, 2022 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER TfA—�' DATE: NOVEMBER 8, 2022 SUBJECT: CONSIDERATION OF AN ORDINANCE ADOPTING BY REFERENCE THE CALIFORNIA BUILDING STANDARDS CODE 2022 AND OTHER CODES AS AMENDED AND ADOPTED BY LOS ANGELES COUNTY SUMMARY Every three (3) years the City of Rosemead adopts the California Building Laws as amended by Los Angeles County. On July 1, 2022, the California Building Standards Commission (BSC) published revised Building Standards Codes (Title 24, Parts 1-12). State law mandates that these standards are enforced in all jurisdictions effective January 1, 2023, regardless of whether they are specifically adopted by local jurisdictions. The City of Rosemead Building Division has initiated the implementation of the 2022 California Building Codes as required by State Law. The Los Angeles County Building & Safety Division has introduced many local amendments to the California Codes which they deemed to be necessary considering the regional conditions, and these revisions have been reviewed by the State of California for compliance. On October 18, 2022, the Los Angeles County Board of Supervisors introduced an ordinance and set a Public Hearing for 2nd reading on November 15, 2022, to adopt the 2022 California Building Codes with Los Angeles County amendments (Title 26-30). The City of Rosemead is not obligated to enforce the Los Angeles County codes. However, in order to remain consistent with the unincorporated areas of Los Angeles County and other local jurisdictions, the City of Rosemead has historically adopted the California Building Codes as amended by Los Angeles County, which are now proposed for consideration of adoption by the City of Rosemead. BACKGROUND The State of California Building Standards Commission (BSC) continually monitors and revises the California Building Standards through a process of review which involves input from local chapters of the International Code Council (ICC), the California Association of Building Officials (CALBO), professional design associations, trade groups, and the general public. Every three (3) years the Building Standards Commission complies these observations into a revised tri -annual version of the California Building Standards which are incorporated into the California Code of Regulations, Title 24, Parts 1 through 12. The most recent revisions were published on July 1, AGENDA ITEM 5.0 City Council Meeting November 8, 2022 Page 2 of 4 2022, and mandated to become effective and enforceable by all California jurisdictions on January 1, 2023. Local jurisdictions are enabled per California Building Code Section 1.1.8, to make amendments to the California Codes based on local geographic, topographic, climatic, and environmental conditions. However, the process to make these local amendments requires express findings to be made on each issue, and for those findings to be filed and approved by the State prior to becoming effective at the local level. Los Angeles County Department of Public Works, Building and Safety Division has already made the required findings and filings necessary to amend the State Building Codes based on local conditions which also exist in the City of Rosemead. The Los Angeles Building Codes, which both amends and adopts the State Building Codes, will be adopted on November 15, 2022, by the Los Angeles County Board of Supervisors, and includes updates to the Los Angeles County Code of Ordinances, Title 26 (Building), Title 27 (Electrical), Title 28 (Plumbing), Title 29 (Mechanical), Title 30 (Residential), Title 31 (Green Building Standards), and Title 33 (Existing Building). California State Law mandates that the City of Rosemead enforce the current provisions of Title 24 of the California Code of Regulations (California Building Standards) effective January 1, 2023, whether or not those provisions have been specifically adopted by the City. Currently, the Building and Safety Division is enforcing both the provisions of the State Codes as well as the Los Angeles County amendments when they are not in conflict and are more restrictive than the California State Codes. Adopting the 2022 California Building Codes as amended by Los Angeles County and including the California Energy Code and California Historical Buildings Code would serve to more effectively communicate the design and construction requirements on projects throughout the City of Rosemead, and Contractors and Design Professionals would benefit from a consistent regional application of the Codes. The revisions to Title 15 of the Rosemead Municipal Code that are herein recommended include: BEFORE California Building Code 2019 AFTER California Building Code 2022 California Building Code 2019 California Building Code 2022 Title 26 Los Angeles County Building Code 2020 Title 26 Los Angeles County Building Code 2023 California Electrical Code 2019 California Electrical Code 2022 Title 27 Los Angeles County Electrical Code 2020 Title 27 Los Angeles County Electrical Code 12023 California Plumbing Code 2016 1 California Plumbing Code 2022 City Council Meeting November 8, 2022 Page 3 of 4 Title 28 Los Angeles County Electrical Code 2020 Title 28 Los Angeles County Electrical Code 2023 California Mechanical Code 2019 California Mechanical Code 2022 Title 29 Los Angeles County Mechanical Code 2020 Title 29 Los Angeles County Mechanical Code 2023 California Residential Code 2019 California Residential Code 2022 Title 30 Los Angeles County Residential Code 2020 Title 30 Los Angeles County Residential Code 2023 California Green Building Standards Code 2019 California Green Building Standards Code 2022 Title 31 Los Angeles County Green Building Standards Code 2020 Title 31 Los Angeles County Green Building Standards Code 2023 California Existing Building Code 2019 Califomia Existing Building Code 2022 Title 33 Los Angeles County Existing BUw1 ing Code 2020 1 Title 33 Los Angeles County Existing Building Code 2023 California Energy Code 2019 1 California Energy Code 2022 California Historical Buildings Code 2019 1 California Historical Buildings Code 2022 ENVIRONMENTAL REVIEW The proposed Ordinance No. 1011 is 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. STAFF RECOMMENDATION That the City Council: Move to INTRODUCE for FIRST READING, by title only, Ordinance 1011 (Attachment 'W'), an ordinance of the City Council of the City of Rosemead 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 (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. Schedule a public hearing on December 13, 2022, to consider the adoption and second reading of the Ordinance 1011. City Council Meeting November 8, 2022 Page 4 of 4 FISCAL IMPACT — None. STRATEGIC PLAN IMPACT — None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: ied9t¢fes 'wary Ay�eff son, Contract Building Official Submitted by: '�AWH Stan Wong, Interim Director of Community Development Attachment A: Ordinance No. 1011 Attachment B: Findings and Los Angeles County Ordinance adopting and amending the 2022 California Codes and creating the 2023 Los Angeles County Codes Due to the size of the Los Angeles County Ordinance, these documents can be viewed at the following links: Building Code and findings hnl2://file.lacouniygov/SDSinter/bos/suwocs/I73612.pddf Residential Code and findings http://file.lacountv.Pov/SDSInter/bos/supdocs/173615.pddf Electrical Code and findings http://file.lacounty.2ov/SDSInter/bos/supdocs/173568.pdf Plumbing Code and findings http://file.lacountv.9ov/SDSinter/hos/supdocs/173643.pdf Mechanical Code and findings http://file.lacouniy.gov/SDSInterlbos/sul?docs/173614.pd Existing Building Code and findings http://file.lacounty.gov/SDSinter/bos/supdoes/ I73617.pdf California Codes can be viewed at his://www.dgs.ca.eov/BSC/Codes Attachment A Introduction of Ordinance No. 1011 ORDINANCE NO. 1011 AN 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 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 terns 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 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 15.12.010 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 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 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 Califomia 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 a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. 8 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. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. SECTION 23. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. PASSED, APPROVED AND ORDAINED this 22nd day of November 2022. Sean Dang, Mayor APPROVED AS TO FORM: ATTEST: 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 Ordinance No. 1011, was introduced and adopted at a regular meeting of the City Council of the City of Rosemead held on the 22"d day of November, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 10 Ericka Hernandez, City Clerk