HomeMy WebLinkAboutAgenda Report - December 7, 2016 J-05AGENDA ITEM J-05
JM CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1936 Entitled, "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"
MEETING DATE: December 7, 2016
PREPARED BY:
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1936.
BACKGROUND INFORMATION: Ordinance No. 1936 entitled, "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," 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
Not applicable.
Not applicable.
J nnifer Ferraiolo
City Cler
JMF/PMF
Attachment
APPROVED:
Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance5.DOG
ORDINANCE NO. 1936
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2016 CALIFORNIA RESIDENTIAL
BUILDING CODE," THEREBY REPEALING AND
REENACTING LODI MUNICIPAL CODE CHAPTER 15.06
IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building
Code," is hereby repealed and reenacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06.010 Adoption.
15.06.020 CBC Chapter 1, Division II (Board of Appeals).
15.06.030 CBC Chapter 1, Division 11 (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation — Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2013 2016 California Residential Code, including
Chapter 1, Division II, Appendix H and J, Sections AJ102, AJ104.1, AJ105, AJ501.7,
AJ501.8, AJ601.1 only, Appendix V thereto, are hereby adopted as the Residential
Building 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 Residential Code of the City of Lodi shall apply to all matters pertaining to the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings or
structures in the City of Lodi, California; the issuance of building permits and the
collection of fees therefore; and the enforcement of the rules and regulations as set forth
in said "2016 California Residential Code" and the above -designated appendixes
thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec. 112.1 - 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.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Section 108.3. The determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based of
the latest building valuation data as printed in the Building Safety Journal, published by
the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City's Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City's most recent Residential Code.
15.06.060 Violation — Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions 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 15.06.060(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 of 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
2
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:
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5._ Effective Date 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
(15) days after its passage, a summary of the ordinance may be published at least five
(6) days prior to and fifteen (16) 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).
Attest:
�'Mi LW.,
. • • ��
'y Clerk
State of California
County of San Joaquin, ss.
Approved this 7th day of December, 2016
MARK CHANDLER, Mayor
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1936 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. 1936 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Met
rl--C�l r-• •
Clerk
Approved as to Form:
t,JXXI.GE-q MAGDICH
City Attorney
f Phase immediately confirm receipt
o, f this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBS SUMMARY OF ORDINANCE NOS. 1932 —1938
PUBLISH DATE: SATURDAY, NOVEMBER 5, 2016
EEEEN00i 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, NOVEMBER 3, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS ELIZABETH BURGOS
DEPUTY CITY CLERK ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PRO. F.OFADIET . TAANE YOU11
Emailed to the.Sentinel at dianer@lodinews.com at (tiiriaf; on
LNS Phoned to confirm "Ipt of.,a00"09 at mq
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.
DECLARATION
irpF
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.
On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1936 (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. 1936
EEXJ(�iL
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2016 CALIFORNIA RESIDENTIAL
BUILDING CODE," THEREBY REPEALING AND
REENACTING LODI MUNICIPAL CODE CHAPTER 15.06
IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building
Code," is hereby repealed and reenacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06.010 Adoption.
15.06.020 CBC Chapter 1, Division 11 (Board of Appeals).
15.06.030 CBC Chapter 1, Division 11 (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation — Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2013 2016 California Residential Code, including
Chapter 1, Division II, Appendix H and J, Sections AJ102, AJ104.1, AJ105, AJ501.7,
AJ501.8, AJ601.1 only, Appendix V thereto, are hereby adopted as the Residential
Building 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 Residential Code of the City of Lodi shall apply to all matters pertaining to the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings or
structures in the City of Lodi, California; the issuance of building permits and the
collection of fees therefore; and the enforcement of the rules and regulations as set forth
in said "2016 California Residential Code" and the above -designated appendixes
thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec. 112.1 - 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.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Se 'on 10.8.3. The. determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based. of
the latest building valuation data as printed In the. Building Safety Jqumal, pubCshed by
the International Code Council, 5360 South Workman Allill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City's Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City's most recent Residential Code.
15.06.060 Violation — Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions 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 15.06.060(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 of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section .3. SeverabilRy. 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
2
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.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Secfion5. This ordinance shall be published one time in the "Lodi News Sentinel;" a
newspaper of general circulation printed and published in the City of Lodi, and shall be in
force and take effect January 1, 2017, which date is at least 30 days after the passage of
this ordinance.
Approved this day of November, 2016
Attest:
JENNIFER M. FERRAIOLO
City Clerk
MARK CHANDLER, Mayor
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. 1936 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 following
vote:
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 1936 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
SUBJECT:
.Please immediately cottrirm receipt
of this fax 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
I
TEAR SHEETS WANTED: One I11 ale_ase
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
PAMEIA FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File I
SEND P1t00F'0FADYERTMEMRfiT,- THAN%YOUl
Emailed to the Sentinel at diaper@lodinews.com at ftinaaon. (d f01'.
Lt4sg Phoned to confirm M.W10 ,qll paw' t A*
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. 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.
-� ❑ r- C
e,ro DECLARATION OF •
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.
On Thursday, December 8, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1936 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
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
ord s ummaries\aaDecPos t. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
ORDINANCE NO. 1936 E X T i' i
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2016 CALIFORNIA RESIDENTIAL
BUILDING CODE," THEREBY REPEALING AND
REENACTING LODI MUNICIPAL CODE CHAPTER 15.06
IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building
Code," is hereby repealed and reenacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06.010 Adoption.
15.06.020 CBC Chapter 1, Division 11 (Board of Appeals).
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation — Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2444 2016 California Residential Code, including
Chapter 1, Division 11, Appendix H and J, Sections AJ102, AJ104.1, AJ105, AJ501.7,
AJ501.8, AJ601.1 only, Appendix V thereto, are hereby adopted as the Residential
Building 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 Residential Code of the City of Lodi shall apply to all matters pertaining to the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings or
structures in the City of Lodi, California; the issuance of building permits and the
collection of fees therefore; and the enforcement of the rules and regulations as set forth
in said "2016 California Residential Code" and the above -designated appendixes
thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec. 112.1 - 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.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Section 108.3. The determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based of
the latest building valuation data as printed in the Building Safety Journal, published by
the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City's Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City's most recent Residential Code.
15.06.060 Violation — Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions 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 15.06.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
Section 2. No Mandato[y 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 of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. Severabi[ity. 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
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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.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. Effective Date 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
(15) days after its 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).
Attest:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
Approved this 7'" day of December, 2016
MARK CHANDLER, Mayor
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1936 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. 1936 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
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