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HomeMy WebLinkAboutAgenda Report - December 7, 2016 J-02AGENDA ITEM J-02 •�OoCITY OF LODI COUNCIL COMMUNICATION �qC►F'OR��7 TM AGENDA TITLE: Ordinance No. 1933 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Mechanical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety" MEETING DATE: PREPARED BY: December 7, 2016 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1933. BACKGROUND INFORMATION: Ordinance No. 1933 entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Mechanical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety," was introduced at the regular City Council meeting of November 2, 2016. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE JMF/PMF Attachment Not applicable. Not applicable. FAMil erl APPROVED: ► Stephen Sch-Wabdluer, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance2.DOC ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Mechanical Code" within the City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. Chapter 15.08 MECHANICAL CODE 15.08.010 Adoption. 15.08.020 Mechanical Permit Fees. 15.08.030 Fee Schedule. 15.08.040 Investigation Fee. 15.08.050 Installation. 15.08.060 CMC Chapter 1, Division II (Board of Appeals). 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Mechanical Code" within the City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. 15.08.050 Installation Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 303.1.2 Location of heating and cooling equipment. Heating, cooling, and swimming pool equipment shall not be located within the required five-foot side yard setback as defined by the City of Lodi Zoning Ordinance for residential zonings. 15.08.060 CMC Chapter 1, Division II (Board of Appeals) Section 107.0 and 107.1 In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.08.070 Violation — Misdemeanor A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provision of this Chapter. Maintenance of equipment, which was unlawful at the time it was installed and which would be unlawful under this Code if installed after effective date of this Chapter, shall constitute a continuing violation of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.08.070(8) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. — No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside if the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. — Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 2 Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effec #ye Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lied of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (6) days prior to and fifteen (95) days after adoption by the City Council, and a certified co y shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 7th day of December, 2016 MARK CHANDLER Mayor Attest:. r NNIFE k Fr=klkAlOLO ity Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1933 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 7, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None further certify that Ordinance No. 1933 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: S J_ ANIC D. MAGDICH ify Attorney 3 SUBJECT: .Please immediately confurm receipt this fax 333-6702: CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1932 —1938 PUBLISH DATE: SATURDAY, NOVEMBER 5, 2016 mmmmmmmmo= TEAR SHEETS WANTED: One (1) M_ease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 3, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK SEND PRUUF]FAD it'EkL�1Y: ?`AAN YQrI,! Emailed to the Sentinel at dianeralodinews.com at (time) on LNS Phoned to confirm WoeV. of 911 08905 at .. (OMO N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1932 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 1936 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY. The purpose of these ordinances is to update the following codes to be consistent with State law: California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced November 2, 2016. Adoption to be considered December 7 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 2, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. POSTINGDECLARATION OF rye ti� ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1933 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY ". BIT A DEX Vi i B =1T A NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1,.Administration Division ll., are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same. are :maintained by the City Building Official and available for review in `the Community Development Department. The Mechanical Code of the City of Lodi shalt apply to all matters pertaining to erection,, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling.,. refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the. issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Mechanical Code"' within the: City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee —Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established. by the applicable governing authority that shall be in addition to the required permit fee. Chapter 15.08 MECHANICAL CODE 15.08.010 Adoption. 15.08.020 Mechanical Permit Fees. 15.08.030 Fee Schedule. 15.08.040 Investigation Fee. 15.08.050 Installation. 15.08.060 CMC Chapter 1, Division II (Board of Appeals). 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1,.Administration Division ll., are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same. are :maintained by the City Building Official and available for review in `the Community Development Department. The Mechanical Code of the City of Lodi shalt apply to all matters pertaining to erection,, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling.,. refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the. issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Mechanical Code"' within the: City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee —Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established. by the applicable governing authority that shall be in addition to the required permit fee. 15.08.050 Installation Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 303.1.2 Location of heating: and cooling equipment. Heating,. cooling, and swimming pool equipment shall not be located within the required five-foot side yard setback as defined by the City of Lodi Zoning Ordinance for residential zonings. 15.08.060 CMC Chapter 1, Division II (Board of Appeals) Section 107.0 and 107.1 In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A. copy will go to the Building Official with the other copy to the applicant. 15.08.070 Violation — Misdemeanor A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provision of this Chapter. Maintenance of equipment, which was unlawful at the time it was installed and which would be unlawful under this Code if installed after effective date of this Chapter, shall constitute a continuing violation of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.08.070(8) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. — No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which Imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside if the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Sectlon 3. — Severability. if any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other .provisions or applications of the ordinance which can be given effect without the invalid .provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 2 Sean 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the, "Lodi News. Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, and shall be in force and tame effect ,January 1, 2017 which .date is at least 30 days after passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi; do hereby certify that Ordinance No. 1933 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted; and ordered to print at a regular meeting of said Council held November �, 2016, by the fvlloWng, vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1933 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk 3 SUBJECT: Please immediately confirm receipt of thisfax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1932 —1938 PUBLISH DATE: SATURDAY, DECEMBER 10, 2016 LEGAL I TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, DECEMBER 8, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA -M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File . E14T1?-PRb F :Qf ADYE Emailed to the ,660 61 at dianer@lodine\ivs.com at - {lrft) on 06). (pages) LNS Phoned to confirm. -A." -_-pi of alk-ftoo N:\Administration\CLERK\OrdSummaries\Advins.doe CITY OF LODI ORDINANCE NO. 1932 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 1936 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY. The purpose of these ordinances is to update the following codes to be consistent with State law: California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced November 2, 2016. Adopted December 7, 2016, and effective January 5, 2017. AYES: Johnson, Kuehne, Mounce, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi December 7, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. o r7 U r� DECLARATION �IrQE�� ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY On Thursday, December 8, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1933 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 8, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1933 E �yV4 I B_ IT A AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: Chapter 15.08 MECHANICAL CODE 15.08.010 Adoption. 15.08.020 Mechanical Permit Fees. 15.08.030 Fee Schedule. 15.08.040 Investigation Fee. 15.08.050 Installation. 15.08.060 CMC Chapter 1, Division II (Board of Appeals). 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Mechanical Code" within the City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. 15.08.050 Installation Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 303.1.2 Location of heating and cooling equipment. Heating, cooling, and swimming pool equipment shall not be located within the required five-foot side yard setback as defined by the City of Lodi Zoning Ordinance for residential zonings. 15.08.060 CMC Chapter 1, Division II (Board of Appeals) Section 107.0 and 107.1 In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.08.070 Violation — Misdemeanor A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provision of this Chapter. Maintenance of equipment, which was unlawful at the time it was installed and which would be unlawful under this Code if installed after effective date of this Chapter, shall constitute a continuing violation of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.08.070(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. — No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which -imposes upon the- City,- or any officer_ or employee thereof, a mandatory duty of care towards persons or property within the City or outside if the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. — Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 2 Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. -Section 5: Effective. Dae and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen ( 5) days after ire passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be -posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 7th day of December, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. '1933 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 7, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1933 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form; JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk 3