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HomeMy WebLinkAboutAgenda Report - November 7, 2007 I-02 PHAGENDA ITEM sof 2 CITY OF LODI COUNCIL COMMUNICATION TM AGENDATITLE Conduct a Public Hearing continued from October 17, 2007 meeting, to consider adoption of the 2007 California Building Code, Mechanical Code, Electrical Code, and Plumbing Code with local amendments, and re -adopt the existing building permit fee schedule 1A, for Building, Mechanical, Plumbing, and Electrical permits. MEETING DATE: November7,2007 PREPARED BY: Community Development Department RECOMMENDED ACTION: Conduct a Public Hearing to consider adoption of the 2007 California Building Code, 2007 California Mechanical Code, 2007 California Electrical Code, and 2007 California Plumbing Code with local amendments, and re -adopt the existing building permitfee schedule 1A, for Building, Mechanical, Plumbing, and Electrical permits. BACKGROUND INFORMATION: Pursuant to Health and Safety Code Section 18938, the California Building Standards Commission has selected January 1, 2008 as the effective date for the 2007 California Building Code, 2007 California Mechanical Code, 2007 California Electrical Code, and 2007 California plumbing Code. Along with the code updates building permit fee schedule 1A also needs to be re -adopted to continue collecting fees at the same level as currently done. Codes Every three years, Building/Construction Codes are amended by the State to include provisions of the most recent version. The State of California Building Standards Commission adopts new State standards which cities and counties are therefore mandated to adopt. If codes with amendments are not adopted locally by January 1, 2008, then cities are required to follow State codes only. The need for the new ordinances is to adopt specific Appendixes not adopted by the state such as Administration chapters for each code which was all inclusive in the existing codes. The major change in this code cycle is the adoption of the California Building Code which is based on the 2006 International Building Code. In 1994, BOCA, ( Building Officials and Code Administrators), ICBO ( International Conference of Building Officials)and SBCCI ( Southern Building Code Congress International) created the ICC (International Code Council) to develop a single set of comprehensive, coordinated model construction codes that could be used throughout the United States and around the world. The first International Code published was the 1995 International Plumbing Code. By 2000 a complete family of 11 construction codes was available. Around 2001 more then 97% of U.S. cities, counties and states that adopted model codes chose building and fire codes created by the three building safety groups that make up the ICC. The change from the Uniform Building Code to the International( California Building Code will have significant changes. These changes will have some benefits and restrictions compared to the existing Uniform Codes. Some of the changes in the new code are as follows: 1) additional allowable area for building size 2) occupant load factors "the number of people capable of occupying the building which determine the number of required exits" can be adjusted by the APPROVED: BI ' ing, City Manager building official, 3) different processes for determining building location on property 4) Fire rated construction and protected and unprotected openings. Notification to affected parties The new building code has eliminated fee Table 1A which was the source of fees in the current code. (Exhibit A) This existing Table 1A needs to be re -adopted in order to continue collecting the same fees, No increase in fees are proposed at this time. We are in the process of notifying all affected parties including publication in the Lodi News Sentinel, notices provided at the front counter and on the internet. Handout packets describing the major changes to the code will be available at the front counter. We also discussed the code changes with BIA Contactors, Developers and Architects we have met with or have been in contact with them for the past three months. We have a scheduled meeting with BIA on November 8, 2007 to further discuss this whole code adoption process. The immediate future plan is to conduct monthly meetings for Contactors, Developers and Architects to assist in the transition to the new codes and then to continue those meetings as needed. Further analysis regarding potential fee increases is needed before any recommendations are made to the City Council. It is recommended that the Council consider adoption of the 2007 California Building, Mechanical, Electrical, and Plumbing Codes, and re -adopt the existing building permit fee schedule 1A as presented. The Ordinances have been presented in highlightlstrike-outformat to more easily identify the changes to aid in review. The proposed fee table (which is our existing fee table) is also attached. FISCAL IMPACT: N/A FUNDING AVAILABLE: N/A ,, W44 Randy Hatch, Community4)evelopment Director DClkjc Attachments: 1. Schedule 1A BUILDING FEES COLLECTED AT PERMIT ISSUANCE CITY OF LODI, COMMUNITY DEVELOPMENT DEPARTMENT, 221 W. PINE ST., LODI, CA 95240 PHONE: (209) 333-6714 FAx: (209) 333-6842 Building Permit Fee Table lA (page 3) Building Plan Check Fee 65% of building permit fee Table lA Plumbing Table 1-1 (page 5) Electrical Table 3-A (page 7) Mechanical Table 1-A (page 9) Disabled Access 5% of building permit fee Energy 5% residential and 10% non-residential Plan Maintenance 5% of building permit fee (non-residential only.) Strong Motion Inst. Fee Valuation x 0.0001 Fire Inspection 25% of building permit fee Fire Plan Check 25% of building plan check Zoning Plan Check Fee $350 Commercial/ Industrial $100 Residential $50 Additions/ Accessories S.J. Co. Facilities Fee Date Effective 08/15/05 07/01/06 07/01/07 Single Family Dwelling $1,400.00 $1,463.00 Multi -Family Dwelling $1,200.00 $1,253.00 Commercial Retail (per Sq. Ft.) $0.32 $0.33 Commercial Office (per Sq. Ft.) $0.28 $0.29 Industrial(per Sq. Ft.) $0.16 $0.17 Regional Transportation Date Effective 04/30/06 07/01/06 07/01/07 Single Family Dwelling $2,500.00 $2,610.00 $2,764.25 Impact Fee Multi -Family Dwelling $1,566.00 $1,566.00 $1,658.55 (Fee effective at permit issuance) Commercial Retail (per Sq. Ft.) $1.00 $1.04 $1.10 Commercial Office (per Sq. Ft.) $01.25 $1.31 $1.39 Industrial(per Sq. Ft.) $0.75 $0.78 $0.83 2007 Updated Habitat Fees Multi -Purpose Open Space Pay Zone A: $6,511.00 Natural Pay Zone B: $13,022.00 Agriculture Pay Zone B: $13,022.00 Vernal Pool -Uplands Pay Zone C: $37,958.00 Vernal Pool -Wetted Pay Zone F: $69,858.00 J:\Community Development\Forms\Building_Fees 20070613.doc BUILDING PERMIT FEES TABLE NO. 1-A TOTAL VALUATION FEES $1.00 to $500 $50.00 $501 to $2,000 $50.00 for the first $500 plus $1.30 each additional $100 or fraction thereof, to and including $2,000. $2,001 to $25,000 $69.50 for the first $2,000 plus $14.00 for each additional thousand or fraction thereof to and including $25,000. $25,001 to $50,000 $391.50 for the first $25,000 plus $10.10 for each additional thousand, or fraction thereof, to and including $50,000. $50,001 to $100,000 $644.00 for the first $50,000 plus $7.00 for each additional thousand, or fraction thereof, to and including $100,000. $100,001 to 500,000 $994.00 for the first $100,000 plus $5.60 for each additional thousand, or fraction thereof. $500,000 to $3,234.00 for the first $500,000 plus $4.75 for each additional $1,000.00, $1,000,000 or fraction thereof, to and including $1,000,000. $1,000,001 and up $5,609.00 for the first $1,000,000 plus $3.15 for each additional thousand or fraction thereof. OTHER INSPECTION FEES AND REFUNDS: 1. Inspections outside of normal business $65.00 per hr. hours (Minimum charge - 3 hours) 2. Reinspection fee assessed under provision $50.00 each of Section 108.8 3. Inspection for which no fee is specifically $50.00 per hr. indicated 4. Additional plan review required by changes, additions or revisions to approved plans. (Minimum charge - one half hour) $65.00 per hr. 5. Special inspections required by owners, real estate agencies, or loan agencies to determine compliance to the Building Code in effect at the time of construction: First hour $80.00 Each additional hour $34.00 6. Refunds on all permits shall be subject to $35.00 an administrative processing fee 7. Board of Appeals Fee $250.00 8. Demolition Permit $60.00 9. Manufactured Home, Commercial Coach The fee shall be one-half (1 / 2) of the valuation set out in Table No. 1-A. JXommunity Developmenfforms\Building_Fees 20070613.doc 10. Maintenance of Building Plans Fees to comply with Section 19850, Part 7 of the Health and Safety Code of the State of California. All new non-residential building plans, except agricultural buildings: Five percent (5%) of the building permit fee. 11. Disabled Access Surcharge Multi -family residential disabled access surcharge shall be five percent (5%) of the building permit fee. Commercial disabled access surcharge shall be five percent (5%) of the building permit fee. 12. Energy Compliance Surcharge Residential energy compliance surcharge shall be five percent (5%) of the building permit fee. Commercial energy compliance surcharge shall be ten percent (10%) of the building permit fee. 13. Plan Checking Fees The plan checking fees for all buildings shall be sixty-five percent (65%) of the building permit fee, as set forth in this schedule. JXommunity Developmenfforms\Building_Fees 20070613.doc JXommunity Developmenfforms\Building_Fees 20070613.doc PLUMBING PERMIT FEES TABLE NO. 1-1 For issuing each permit $ 30.00 In addition: 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefore) $ 5.00 2. For each building sewer $10.00 3. Solar heaters $15.00 4. Rainwater systems -per drain $ 5.00 5. For each fire hydrant (first one) $170.00 (each additional) $ 45.00 6. For each private sewage disposal system $25.00 7. For each heater and/or vent $ 5.00 8. For each gas piping system of one (1) to five (5) outlets $ 7.00 9. For each gas piping system of six (6) or more, per outlet $ 2.00 10. For each industrial waste pre-treatment interceptor, including its trap and vent, excepting kitchen -type grease interceptors functioning as fixtures traps $30.00 11. For installation, alteration or repair of water piping and/or water treating equipment $ 7.00 12. For repair or alteration of drainage or vent piping $ 7.00 13. For each lawn sprinkler system on any one meter, including backflow protection devices therefore $ 7.00 14. For vacuum breakers or backflow protective devices on tanks, vats, etc. or floor installation on plumbing fixtures including necessary water piping: One (1) to five (5) $ 7.00 Over five (5), each $ 1.50 15. Gasoline storage tanks $30.00 16. For new single or multi -family building, the following flat rate shall apply $ 0.045 per SF 17. Fire sprinkler systems shall be based on value charged according to the fee schedule of Section 15.04.030 of the Code of the City of Lodi 18. Gas piping pressure test (PG&E) $15.00 19. Swimming pools $20.00 OTHER INSPECTION FEES AND REFUNDS: JXommunity Developmenfforms\Building_Fees 20070613.doc 1. Inspections outside of normal business hours (Minimum charge -3 hours) $ 65.00 per hr 2. Reinspection fee $ 50.00 each 3. Inspections for which no fee is specifically indicated $ 50.00 per hr 4. Additional plan review required by the Building Official (Minimum charge - one-half hour) $50.00 per hr 5. Refunds on all permits shall be subject to a $35.00 administrative processing fee. JXommunity Developmenf\Forms\Building_Fees 20070613.doc ELECTRICAL PERMIT FEES TABLE NO. 3-A 1. For issuing permits, a fee shall be paid for issuing each permit in addition to all other charges specified in this section $20.00 2. For wiring outlets at which current is used or controlled $1.00 3. For fixtures, sockets, or other lamp holding devices less than eighteen inches apart $1.00 4. For each five feet or fraction thereof multi -outlet assembly $1.00 5. For electric discharge lighting fixtures 6. Mercury vapor lamps and equipment $2.00 7. Heaters $4.00 8. X-ray machines $5.00 9. Swimming pools $30.00 10. Electric ranges, range top and ovens, clothes dryers, water heaters $5.00 11. For fixed motors, transformers, welder, rectifier, air conditioners and other miscellaneous equipment or appliances shall be that given in the following table for the rating thereof; Up to and including 1 hp $5.00 Over 1 and not over 5 $7.00 Over 5 and not over 20 $10.00 Over 20 and not over 50 $15.00 Over 50 and not over 100 $20.00 Over 100 - Each motor per hp $0.20 12. For any equipment or appliance containing more than one motor or other current consuming components in addition to the motor or motors, the combined electrical ratings, converted to KVA of all shall be used to determine the fee; for the purposed of this subsection one H.P. or one KW is equivalent to one KVA. 13. The fees for a change of location or replacement of equipment on the same premises shall be the same as that for a new installation. However, no fees shall be required for moving any temporary construction motor from one place to another on the same site during the time of actual construction work after a permit has once been obtained. 14. For switchboards the fees for installing, changing, replacing, relocating, or reinstalling a switchboard, or for additions to an existing switchboard shall be as follows: a) 600 volts and less First switchboard section $20.00 Each additional section $10.00 b) Over 600 volts $30.00 Each additional section $15.00 15. For distribution panels the fee for each distribution panel, panelboard, or motor control panel that is installed, changed, replaced, relocated or $10.00 PTommunity Developmenfforms\Buildingjees 20070613.doc JXommunity Developmenf\Forms\Building_Fees 20070613.doc reinstalled 16. For service installations, the installation of each set of service conductors and equipment, including changing, replacing or relocating existing service equipment, the fees shall be as shown in the following table: Type of Service Under 600 Volts (Including One Meter) 0 to 100 Amperes $10.00 101 to 200 Amperes $20.00 201 to 500 Amperes $30.00 501 to 1200 Amperes $40.00 Over 1200 Amperes $75.00 All services over 600 volts $75.00 For each additional meter $2.00 17. For single-family dwelling on new construction work, the following flat rate shall apply to service panels, all outlets, range, dryer, and other miscellaneous circuits $0.045 per SF 18. For multi -family building on new construction work, the following flat rate shall apply to subpanels, all outlets, range, dryer, and any other miscellaneous circuits $0.035 per SF 19. Signs $15.00 each 20. Inspections of damaged service $20.00 No permit shall be issued to any person unless all fees due are paid in full. OTHER INSPECTION FEES AND REFUNDS 1. Inspections outside of normal business hours (Minimum charge -3 hours) $45.00 per hour 2. Reinspection fee $35.00 each 3. Inspections for which no fee is specifically indicated $34.00 per hour 4. Additional plan review required by changes, additions or revisions to approved plans (Minimum charge—one-half hour) $34.00 per hour 5. Refunds on all permits shall be subject to a $35.00 administrative processing fee. JXommunity Developmenf\Forms\Building_Fees 20070613.doc JXommunity Developmenfforms\Building_Fees 20070613.doc MECHANICAL PERMIT FEES TABLE NO. 1-A 1. For the issuance of each permit $30.00 2. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTUs $15.00 3. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance, over 100,000 BTU's to and including 500,000 BTUs $20.00 4. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance, over 500,000 BTU's $25.00 5. For the installation or relocation of each floor furnace, including vent $15.00 6. For the installation of relocation of each suspended heater, recessed wall heater or floor -mounted unit heater $15.00 7. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $10.00 8. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code $15.00 9. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 BTU's $15.00 10. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 BTU's to and including 500,000 BTU's $25.00 11. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 BTU's and including 1,000,000 BTU's $30.00 12. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or each absorption system over 1,000,000 BTU's to and including 1,750,000 BTU's $45.00 13. For the installation of or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 BTU's $70.00 14. For each air handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto Note: This fee shall not apply to an air -handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code. $10.00 15. For each air handling unit over 10,000 cubic feet per minute $15.00 16. For each evaporative cooler other that portable type $10.00 JXommunity Developmenfforms\Building_Fees 20070613.doc 17. For each ventilation fan connected to a single duct $10.00 18. For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit $10.00 19. For the installation of each hood which is served by mechanical exhaust, including the ducts for hood $10.00 20. For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code $10.00 21. For single or multi -family building, the following flat rate shall apply $0.045 per SF 22. Appliance inspection (PG&E) $25.00 OTHER INSPECTION FEES AND REFUNDS 1. Inspections outside of normal business hours (Minimum charge - 3 hours) $65.00 2. Reinspection fee assessed under provision of Section 305.(o $50.00 3. Inspections for which no fee is specifically indicated (Minimum charge - one-half hour) $65.00 4. Additional plan review as determined by the Building Official (Minimum charge - one-half hour). $65.00 5. Refunds on all permits shall be subject to a $35.00 administrative processing fee. JXommunity Developmenfforms\Building_Fees 20070613.doc ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2007 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2, THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY NOW THEREFORE the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.04 "Building Code" is hereby repealed in its entirety and reenacted to read as follows: Chapter 15.04 Building Code 15.04.010 Adoption. 15.04.020 CBC Appendix Chapter 1 (Board of Appeals). 15.04.030 CBC Appendix Chapter 1 (Building Permit Fees and Valuation). 15.04.035 Fee Schedule. 15.04.040 Special Inspections — Downtown Business District. 15.04.050 Repetitive Submittals (Master Plans). 15.04.060 Violation — Misdemeanor. 15.04.010 Adoption The provisions set forth in the 2007 California Building Code, Volumes 1, 2, including Appendix Chapter 1 Administration, Appendix I, J, and Al thereto, are hereby adopted as the Building Code of the City of Lodi. The Building 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 "2007 California Building Code," Volumes 1, 2, and appendixes thereto. 15.04.020 CBC Appendix Chapter 1 (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 fie 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. 15.04.030 CBC Appendix Chapter 1 (Building Permit Fees and Valuation): Sec. 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 108.2. 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 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. 15.04.035 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. 15.04.040 Special Inspections — Downtown business district. A Notwithstanding any other provision of this Chapter, special inspection fees required to determine compliance with this Chapter for all buildings and structures located within the area designated by Lodi Municipal Code Section 13.12.195(8) as the "downtown business district' are waived. B. The City Council finds and declares that the waiver of special inspection fees is taken to protect and preserve a crucial part of City's economy and to preserve a portion d the City's heritage by offering incentives for businesses to locate, relocate, or expand existing commercial uses within the downtown "business district." 15.04.050 Repetitive submittals (Master Plans): A Fees for the repetitive submittals of Master Plans shall be as follows: Original plan: 100% of building permit fee, plus 10%. 2. Subsequent plans: 25% of building permit fee. 3. City's Building Code (Chapter 15.04) is subject to review and adoption every three years; as such, Master Plans expire upon adoption of City's new Building Code. 15.04.060 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 15.04.060 (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 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. 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, 2008, which date is at least thirty (30) days after the passage of this ordinance. Approved this day of November, 2007. BOBJOHNSON Mayor Attest: RAND JOHL City Clerk State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 7, 2007 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held 72007 by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 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: D. STEPHEN SCHWABAUER By: JANICE D. MAGDICH Deputy City Attorney 2 RANDI JOHL City Clerk ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2007 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING 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 "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. 15.08.025 Fee Schedule. 15.08.030 Installation. 15.08.040 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2007 California Mechanical Code," together with appendix Chapter 1 Administration and all other appendix thereto, are hereby adopted as the Mechanical Code of the City of Lodi. 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 "2007 California Mechanical Code," together with the appendixes thereto, 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. 15.08.025 Fee Schedule. 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. 15.08.030 Installation. Section 304.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 304.1. 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. 15.08.040 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 15.08.040 (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. Section 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 take effect January 1, 2008, which date is at least thirty (30) days after passage of this ordinance. Attest: RAND JOHL City Clerk Approved this day of , 2007 BOBJOHNSON Mayor W State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 7, 2007, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2007 by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 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: D. STEPHEN SCHWABAUER IN JANICE D. MAGDICH Deputy City Attorney RANDI JOHL City Clerk ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2007 CALIFORNIA ELECTRICAL CODE," AND THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.16 "Electrical Code" is hereby repealed and reenacted in its entirety to read as follows. Chapter 15.16 Electrical Code Sections: 15.16.010 Adoption. 15.16.020 Fees. 15.16.025 Fee Schedule. 15.16.030 Violation — Misdemeanor. 15.16.010 Adoption The provisions set forth in the "2007 California Electrical Code" together with Annex G Administration and Enforcement thereto, are hereby adopted as the Electrical Code of the City of Lodi. The Electrical Code of the City of Lodi shall apply to all matters pertaining to the installation, alteration, or addition of electrical wiring, devices, appliances, or equipment in the City of Lodi, California; and the enforcement of the rules and regulations as set forth in the 2007 California Electrical Code and Annex thereto. 15.16.020 Fees A fee for each electrical permit required by this Code shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.16.025 Fee Schedule The Schedule of Electrical Permit Fees required by this Chapter will be those established and adopted by the City Council from time to time by Resolution. 15.16.030 Violation — Misdemeanor A It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any electrical wiring, devices, appliances or equipment or permit the same to be done in 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 15.16.030 (B) above, City may at its sole discretion, seek to enforce its Building Code 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 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. 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, 2008, which date is at least thirty (30) days after the passage of this ordinance. Approved this day of ,2007. Attest: RAND JOHL City Clerk BOBJOHNSON Mayor W State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 7, 2007, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2007, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. RANDI JOHL City Clerk Approved as to Form: D. STEVEN SCHWABAUER City Attorney, City of Lodi By JANICE MAGDICH Deputy City Attorney ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2007 CALIFORNIA PLUMBING CODE", THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY NOW THEREFORE the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.12 "Plumbing Code" is hereby repealed and reenacted to read as follows: Chapter 15.12 Plumbing Code 15.12.010 Adoption. 15.12.020 Department Having Jurisdiction. 15.12.030 Plumbing Permit Fees 15.12.035 Fee Schedule. 15.12.040 Violation — Misdemeanor. 15.12.010 Adoption The provisions set forth in the "2007 California Plumbing Code" together with Appendix Chapter 1 Administration and enforcement thereof, and all other appendix thereto, are hereby adopted as the Plumbing Code of the City of Lodi. The Plumbing Code of the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems and gas fittings in the City of Lodi. 15.12.020 Department Having Jurisdiction The Building Division of the Community Development Department and the Building Official or his/her authorized representative shall enforce the provisions of this Chapter and shall have all of the duties and rights of the Administrative Authority as provided in the 2007 California Plumbing Code. 15.12.030 Plumbing Permit Fees A fee for each plumbing permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.12.035 Fee Schedule The schedule of plumbing permit fees required by this Chapter will be those established and adopted by City Council from time to time by resolution. 15.12.040 Violation — Misdemeanor A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any plumbing or permit the same to be done in 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 15.12.040 (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 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: 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, 2008, which date is at least thirty (30) days after passage of this ordinance. Attest: RAND JOHL City Clerk W Approved this day of , 2007. BOBJOHNSON Mayor State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance was introduced at a regular meeting of the City Council of the City of Lodi held November 7, 2007 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2007 by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. RANDI JOHL City Clerk Approved as to Form: D. STEPHEN SCHWABAUER By: JANICE D. MAGDICH Deputy City Attorney DECLARATION OF POSTING CONTINUED PUBLIC HEARING REGARDING ADOPTION OF THE 2007 CALIFORNIA BUILDING CODE, MECHANICAL CODE, ELECTRICAL CODE, PLUMBING CODE, AND FIRE CODE WITH LOCAL AMENDMENTS AND REVISE BUILDING PERMIT FEE SCHEDULE 1A, ALONG WITH FEE INCREASES FOR BUILDING, MECHANICAL, PLUMBING, AND ELECTRICAL PERMITS On Friday, October 19, 2007, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider adoption of the 2007 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, and Fire Code with local amendments and revise Building Permit Fee Schedule 1A, along with fee increases for building, mechanical, plumbing, and electrical permits (attached and marked as Exhibit A), was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on October 19, 2007, at Lodi, California. NIFER M. PERRIN, CMC bEPUTY CITY CLERK N:\Administration\CLERK1Forins\DECPOST.DQC ORDERED BY: RANDIJOHL CITY CLERK CYNTHIA MURPHY ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 7, 2007 Time: 7:00 p.m. For information regarding this notice please contact' Randi Johl City Clerk I EXHIBIT Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE S HEREBY GIVEN that on Wednesday, November 7, 2007, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a continued public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider approval of the following item: a) Adoption of the 2007 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, and Fire Code with local amendments and revise Building Permit Fee Schedule 1A, along with fee increases for building, mechanical, plumbing, and electrical permits. Information regarding the 2007 California Building Code, Mechanical Code, Electrical Code, and Plumbing Code may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. Information pertaining to the Fire Code may be obtained in the Fire Department, 25 E. Pine Street, (209) 333-6735. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. &Ordahe City Clerk Lodi City Council: Dated: October 17,2007 Approved as to form: D. Stephen Schwabauer City Attorney CLERKWUBHEARNNOTICESWaEBuiidingCodes.DOC 10117107 Adoption of the 2007 California Codes Public Hearing November 7, 2007 Code adoption ■ 2007 California Building Codes. ■ California Building Standards Commission has chosen January 1, 2008 as the effective adopted date . ■ Every three years, building/construction codes are amended by the State of California. CHANGESIN NEWCODE ■ Based on the 2006 International Building Code. ■ New code is a performance based code. ■ Additional design options for sprinkler buildings NO CHANG IN FEES ■ Adopting the existing Fee Schedule with a resolution ■ Building ■ Plumbing ■ Electrical ■ Mechanical Public communication ■ Announcement of the new code adoptions have been publicized in the Lodi News Sentinel and Community Development Department counter. ■ Staff provided the BIA with proposed changes and have discussed the code changes with Contactors, Developers and Architects we meet with or have contact with over the past three months.