HomeMy WebLinkAboutOrdinances - No. 1936ORDINANCE NO. 1936
AN ORDINANCE OF THE LODI C¡TY COUNCIL
ADOPTING THE -2016 CALIFORN¡A 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
Code," is here
Lodi Municipal Code Chapter 15.06, "California Residential Building
by repealed and reenacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
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15.06.010
15.06.020
15.06.030
15.06.040
15.06.050
15.06.060
Adoption.
CBC Chapter 1, Division ll (Board of Appeals).
CBC Chapter 1, Division ll (Building Permit Fees and Valuation)
Fee Schedule.
Repetitive Submittals (Master Plans).
Violation - Misdemeanor.
15.06.010 Adoption
The provísions set forth in the 2043 2016 California Residential Code, including
Chapter 1, Division ll, Appendix H and J, Sections 4J102,4J104.1,4J105,4J501.7,
4J501.8,4J601.1 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 ll (Board of Appeals)
Sec.112.1 - ln orderto 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 ll (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.
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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
ihe latest building valuation data as printed in the Building Safety Journal, published by
the lnternational 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 Councilfrom time to time by resolution.
15.06.050 Repetitivesubmittals(MasterPlans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 10!o/o of building permitfee, 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 lhe
effective date of City's most recent Residential Code.
15.06.060 Violation - Misdemeanor
A. lt 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. ln addition to the penalties set forth in Section 15.06.060(8) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1 .10 of this Code.
Section 2. No Mandatory Dutv 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
othenruise imposed by law.
Section 3. Severabilitv. lf 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
bity Coun.il håreby 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 b. Effective Date and Publication. This Ordinance shall take effect thirty (30)
@lieuofpublicationofthefulltextoftheordinancewithinfifteen
1t é¡ Oays after its passage, a summary of the ordinance may be_published at least five
iS) ¿aVå priorto and fifteên (15) days afteradoption bythe City Council, and a certified
cópy sfrait be posted in the office of the City Clerk pursuant to Government Code section
36e33(c)(1).
Approved this 7th day of December,2016
Attest:MARK CHANDLER, Mayor
J ¡FER oLo
c Clerk
State of California
County of San Joaquin, ss.
l, 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, KUEhNC, 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.
IFER RRAIOLOJ
c
as to Form
J
App
MAGDICH
Clerk