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HomeMy WebLinkAboutAgenda Report - November 3, 2010 H-01 PHAGENDA ITEM CITY OF • OP COUNCIL COMMUNICATION ���FORa TM AGENDA TITLE: Conduct Public Hearing to Consider Adoption of the 2010 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, Fire Code with Local Amendments Including a Fee Schedule for Operational Permits and ATC 20 Placards MEETING DATE: November 3,2010 PREPARED BY: Community Development Director and Fire Chief RECOMMENDED ACTION: Conduct public hearing to consider adoption of the 2010 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, Fire Code with Local Amendments including a fee schedule for Operational Permits and ATC 20 Placards. BACKGROUND INFORMATION: Pursuant to Health and Safety Code Section 18938, the California Building Standards Commission has selected January 1, 2011 as the effective date for the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Electrical Code, 2010 California Plumbing Code, 2010 California Residential Code, 2010 California Fire Code and 2010 California Green Building Standard Code. Every three years, Building/Construction and Fire 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, 2011, then cities are required to follow State codes only. The need for the new ordinances is to adopt specific Appendixes and/or Administration provisions not adopted by the State. An example of this is: Administration Chapter I, Division II has been amended to have the City Council sit as the board of appeals for alternate materials and types of construction versus a separate appointed board of appeals; and Appendix J will be adopted to assist staff and design professionals with clear direction for construction design guidelines for grading, excavation and earthwork. The major change in this code cycle is the adoption of the California Residential Code which is based on the 2009 International Residential Code and California Green Building Standard Code. These changes will have some benefits and restrictions compared to the existing Codes. Some of the changes in the new residential code are as follows: 1) All building related construction requirements for residential structures are contained in the new Residential Code as opposed to the Building Code 2) Sprinkler systems are required for all new single-family dwellings APPROVED: Bartlam, Interim City Manager 3) Two options are provided for prescriptive braced wall panels 4) Reduction options are provided for attic ventilation 5) Carbon dioxide detectors are required in addition to smoke detectors The Green Building Code has five mandatory measures; Planning and Design, Energy Efficiency, Water Efficiency and Conservation, Material Conservation and Resource Efficiency, and Environmental Quality for all new single family dwellings and new nonresidential buildings. Examples of some of the specific mandatory measures in each category are as follows: Residential: • 20 -percent savings in potable water use • Special outdoor irrigation controls such as soil moisture controls or weather -based controllers such as rain sensors • Construction waste reduction of at least 50 percent • Pollutant control, cover duct openings and protect equipment during construction • Reduction in volatile organic compounds (VOC) Nonresidential: • Site development shot --term and long-term bicycle parking, designated parking for low -emitting, fuel-efficient and car/van pool vehicles • Separate water meters for buildings over 50,000 square feet, excess consumption more than 1,000 gal/day • 20 -percent savings in potable water use • Separate water meters for buildings with landscaping areas between 1,000 square feet and 5,000 square feet • Construction waste reduction of at least 50 percent • Reduction in VOC The major changes in the 2010 Fire Code this cycle are as follows: 1) Administrative chapter that had been previously an appendix is now included in the State Fire Code. It has amended to have the City Council sit as the board of appeals. The Fire Code appeal process will be handled in the same as in Community Development for the building codes. 2) Appendix I specifies maintenance requirements for fire -suppression systems. This is intended to identify conditions that may occur when a fire -suppression system is not maintained properly. Identifies specific problems that are readily observable during a fire inspection and makes the system noncompliant until the components are replaced. 3) Chapter 16 and Appendixes E, F, and G, which address high hazards including cryogenics, crop -ripening operations and building identification for hazardous materials. In combination these code sections provide the means for classifying the hazard, establishing standards for site identification and emergency planning requirements. 4) Renaming of Municipal Codes to more closely align with the State Code Sections. This is being done to assist in researching codes section and for referencing between the related code sections. Along with the Fire Code changes a fee schedule for operational permits is being recommended. Operational permitting has been a part of the State Fire Code but has not been implemented locally in past years. The implementation of permitting is to ensure extra hazard operations are inspected annually for compliance. Authority to set fees is currently in the Lodi Municipal Code Section 15.20.280 Permits- Required Fees. The fee schedule provided is based on current cost recovery for services conducted by Community Development. Implementation will take place over the next year jointly by Fire and Community Development. Initial operational permits would be issued by Community Development during plan review and inspection. Permits would be reissued annually following an inspection by Fire and/or Community Development. Applied Technology Council ATC -20 Placards ordinance: One of the functions of the Applied Technology Council ATC -20 publication field manual was the development of placards that clearly identified the condition of buildings to owners and occupants in the event of a disaster. These placards were first used after the Loma Prieta earthquake in 1989. A panel was convened by the Applied Technology Council to review ATC -20 and update the document based on the Loma Prieta experience. One of the major revisions to come from that panel was to revise the three placards. These revised placards have been included in the Post -Disaster Safety Assessment Program and in this document. Placards have been widely used in past earthquakes to denote the condition of buildings and structures. In many cases, the placards have been those recommended in the ATC -20 publication. Unfortunately, most jurisdictions have not officially adopted placards. Technically, these unofficial placards represent only a recommendation from those who performed the evaluation. As a recommendation, the placards do not carry the weight of law and cannot be enforced. Adopting the placards by ordinance makes them official and enforceable. Once the placards have been adopted and before they are printed, our jurisdiction seal, ordinance number, and the responsible department's name, address, and phone numberwill added. In past events, there have been a number of reports of placards being removed from buildings by owners or tenants. In other cases, there have been reports of the unauthorized change of placards, usually from UNSAFE to one of the other categories. In both cases, adopting placards by ordinance allows the jurisdiction to enforce the posting with local police if necessary. Placards are placed on a building to protect the owner, tenant, and the general public. No action should be permitted that would compromise such protection. We have tried to notify all affected parties by meeting with BIA/Chamber on October 7, publication in the Lodi News Sentinel, as well as notices provided at the front counter. Informational handouts are currently being revised to reflect the new code requirements. These handoutswill be available at the Building & Safety kiosk and on the City web page on or before January 1, 2011. Staffs recommendation is to approve the 2010 codes and Placards as amended. The Ordinances have been presented in highlightformat to more easily identifythe changes to aid in review. FISCAL IMPACT: Not Applicable FUNDING AVAILABLE: Not Applicable Konra t Bartlam Community Development Director DC/KD/kjc Attachments: L Fee Schedule C4.z () K vin Donnelly Fire Chief Basic Fee Table OPERATIONAL FIRE PERMITS CHECK PERMIT TYPE PERMIT FEE ANNUAL INSPECTION FEE TOTAL FEE ❑ Above/Below Ground Fuel Storage Tank Installation $135 $135/Tank $000/Tank ❑ Above/Below Ground Fuel Tank Removal $135 $135/Tank $000/Tank ❑ Aerosol Products $135 $135 $000 ❑ Amusement Buildings $135 $135 $000 ❑ Aviation Facilities $135 $135 $000 ❑ Carnivals & Fairs $135 NA $000 ❑ Cellulose Nitrate Film $135 $135 $000 ❑ Christmas Tree Lots $135 NA $000 ❑ Combustible Dust -Producing Operations $135 $135 $000 ❑ Combustible Fibers $135 $135 $000 ❑ Compressed Gases $135 $135 $000 ❑ Covered Mall Buildings $135 $135 $000 ❑ Cryogenic Fluids $135 $135 $000 ❑ Cutting & Welding $135 $135 $000 ❑ Dry Cleaning Plants $135 $135 $000 ❑ Exhibits and Trade Shows $135 $135 $000 ❑ Explosives $135 $135 $000 ❑ Fire Hydrants & Valves $135 $135 $000 ❑ Flammable & Combustible Liquids $135 $000 $000 ❑ Floor Finishing $135 NA $000 ❑ Fruit and Crop Ripening $135 $135 $000 ❑ Hazardous Materials $135 $135 $000 ❑ Hazardous Production Material Facilities $135 $135 $000 ❑ High -Piled Storage $135 $135 $000 ❑ Hot Work Operations $135 $135 $000 ❑ Industrial Ovens $135 $135 $000 ❑ Lumber Yards and Woodworking Plants $135 $135 $000 ❑ Liquid -or -Gas -Fueled Vehc. or Equip. in AssemblyBldgs. $135 $135 $000 ❑ LP -Gas $135 $135 $000 ❑ Magnesium $135 $135 $000 ❑ Miscellaneous Combustible Storage $135 $135 $000 ❑ Opening Burning NA NA NA ❑ Oen Candles, Flames, and Torches $25 NA $000 ❑ Organic Coatings $135 $135 $000 ❑ Places of Assembly $135 $135 $000 ❑ Private Fire Hydrants $135 $135 $000 ❑ Pyrotechnic/Special Effects Displays $135 $135 $000 ❑ Pyroxylin Plastics $135 $135 $000 ❑ Refrigeration Equipment $135 $135 $000 Page 1 of 2 CHECK PERMIT TYPE PERMIT ANNUAL TOTAL FEE FEE INSPECTION FEE ❑ Repair Garages and Motor Fuel- $135 $135 $000 Dispensing Facilities ❑ 1 Rooftop Heliports $135 $135 $000 ❑ Spraying or Dipping $135 $135 $000 ❑ Storage of Scrap Tires and Tire $135 $135 $000 Byproducts ❑ Temporary Membrane Structures, Tents $135 $135 $000 and Canopies ❑ Tire -Rebuilding Plants $135 $135 $000 ❑ Waste Handling Facilities $135 $135 $000 ❑ Wood Products $135 $135 $000 ❑ Christmas Tree Lots $135 NA $000 ❑ Haunted Houses $135 NA $000 ❑ Special Events $135 NA $000 Permit Fee is based on 1 hour of time $ 135. This includes Counter time, phone calls, permit data entry for permit Technician, plan check data entry and any additional plan check beyond the standard plan check time for a new building or Tenant improvement. Fee table can be expanded in certain categories by square footage i.e. bigger building longer it takes for inspections. Page 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2010 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, "California 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 Chapter 1, Division II (Board of Appeals). 15.04.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation). 15.04.040 Fee Schedule. 15.04.050 Special Inspections — Downtown Business District. 15.04.060 Violation — Misdemeanor. 15.04.010 Adoption The provisions set forth in the 2010 California Building Code, Volumes 1 and 2, including Chapter 1, Division 11, Appendix I and J, thereto, are hereby adopted as the 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 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 "2010 California Building Code," Volumes 1 and 2, and the above designated appendixes thereto. 15.04.020 CBC Chapter 1, Division 11 (Board of Appeals) Sec.113.1 - 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. 15.04.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation) Sec. 109.1. 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 109.3. 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 on 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. 15.04.040 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. 15.04.050 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(B) 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 of the City's heritage by offering incentives for businesses to locate, relocate, or expand existing commercial uses within the "downtown business district." 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. 2 C. In addition to the penalties set forth in Section 15.04.060(6) 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, 2011, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2010 PHIL KATZAKIAN Mayor Attest: RANDI 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2010, 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 City Attorney, City of Lodi By: JANICE D. MAGDICH Deputy City Attorney RANDI JOHL City Clerk ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2010 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, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: Chapter 15.08 15.08.010 Adoption The provisions set forth in the "2010 California Mechanical Code," together with Chapter 1, Administration Division 11, 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 "2010 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 115.2 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 115.5, 115.5.1, and 115.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a 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 11 (Board of Appeals) 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2010 California Mechanical Code," together with Chapter 1, Administration Division 11, 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 "2010 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 115.2 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 115.5, 115.5.1, and 115.2 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 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. 15.08.060 CMC Chapter 1, Division II (Board of Appeals) Sec.110.1 - 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 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. 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, 2011, which date is at least 30 days after passage of this ordinance. Approved this day of November, 2010 PHIL KATZAKIAN Mayor Attest: RANDIJOHL 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2010, 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. RANDIJOHL City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney, City of Lodi By: JANICE D. MAGDICH Deputy City Attorney ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2010 CALIFORNIA ELECTRICAL CODE"; 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, "California 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 15.16.030 Fee Schedule 15.16.040 Investigation Fee 15.16.050 Appeals Board 15.16.060 Inspectors Qualifications 15.16.070 Violation — Misdemeanor 15.16.010 Adoption The provisions set forth in the "2010 California Electrical Code" together with Annex C, Annex H, and Administration and Enforcement thereto, are hereby adopted as the Electrical 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 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 2010 California Electrical Code and Annex thereto together with Annex C, Annex H and Administration and Enforcement 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. 15.16.030 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. 15.16.040 Investigation Fee — Work Without a Permit 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. 15.16.050 Appeals Board (CEC Annex H) Annex H 80.15 - is amended to read: 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. 15.16.060 Inspectors Qualifications Annex H 80.27- is amended to read: All electrical inspectors shall meet the minimum certification and experience as required by the City of Lodi's job discription. 15.16.070 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 15.16.070(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. 2 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, 2011, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2010 PHIL KATZAKIAN Mayor Attest: RANDIJOHL 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2010, 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. RANDIJOHL 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 "2010 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, "California 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. 15.12.040 Fee Schedule. 15.12.050 Investigation Fee 15.12.060 Violation — Misdemeanor. 15.12.010 Adoption The provisions set forth in the "2010 California Plumbing Code" together with Chapter 1 Administration Division II are hereby adopted as the Plumbing 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 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 2010 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. 15.12.040 Fee Schedule Section 103.4 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. 15.16.050 Investigation Fee — Work Without a Permit 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. 15.12.060 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 15.12.060(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, 2011, which date is at least 30 days after passage of this ordinance. 2 Approved this day of November, 2010 PHIL KAZATKIAN Mayor Attest: RANDIJOHL 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 was introduced at a regular meeting of the City Council of the City of Lodi held November 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2010, 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. Approved as to Form: D. STEPHEN SCHWABAUER City Attorney, City of Lodi By: JANICE D. MAGDICH Deputy City Attorney RANDI JOHL, City Clerk ORDINANCE NO. AN ORDINANCE OF AMENDING TITLE CONSTRUCTION" BY ADOPTING THE "2010 BUILDING CODE" THE LODI CITY COUNCIL 15 "BUILDINGS AND ADDING CHAPTER 15.06, CALIFORNIA RESIDENTIAL NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Title 15 — Buildings and Construction — is hereby amended by adding Chapter 15.06, "California Residential Code," 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 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 2010 California Residential Code, including Chapter 1, Division II, Appendix G, H, and J, sections AJ102.4, AJ501.7, AJ501.8, AJ601 only, 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 "2010 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) 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 108.3. 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 2 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(6) 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, 2011, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2010 PHIL KATZAKIAN Mayor Attest: RANDI 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2010, 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 City Attorney, City of Lodi By: JANICE D. MAGDICH Deputy City Attorney RANDI JOHL, City Clerk ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING TITLE 15 "BUILDINGS AND CONSTRUCTION" BY ADDING CHAPTER 15.18, ADOPTING THE "2010 CALIFORNIA GREEN BUILDING STANDARD CODE," BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Title 15 — Buildings and Construction — is hereby amended by adding Chapter 15.18, adopting the "2010 California Green Building Standard Code" to read as follows: Chapter 15.18 Green Building Code 15.18.010 Adoption. The provisions set forth in the 2010 California Green Building Standard Code, is hereby adopted as the Green Building Code of the City of Lodi and a copy of the same are maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use and occupancy of every newly constructed building or structure requiring a Building Permit in the City of Lodi, California. 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, 2011, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2010 PHIL KATZAKIAN Mayor Attest: RANDIJOHL 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2010, 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 City Attorney, City of Lodi By: JANICE D. MAGDICH Deputy City Attorney 2 RANDIJOHL City Clerk ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2010 CALIFORNIA FIRE CODE"; THEREBY REPEALING AND REENACTING THE LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.20, "California Fire Code," is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 15.20 FIRE CODE Section: 15.20.010 Adoption 15.20.020 Enforcement 15.20.030 Definitions 15.20.040 Findings and Filings 15.20.050 Open Burning, Recreational Fires and Portable Outdoor Fireplaces 15.20.060 Open Flames - Religious Ceremonies 15.20.070 Misc. Combustible Material Storage - Pallets, Palletized Packing Boxes, and Bin Boxes 15.20.080 Fire Apparatus Access Roads - Dimensions 15.20.090 Fire Apparatus Access Roads - Surfaces 15.20.100 Premises Identification 15.20.110 Key Boxes - Hazardous Materials Management Plan Box 15.20.120 Emergency Responder Radio Coverage - Public Safety Radio Building Amplification System 15.20.130 Fuel - Fired Appliances Gas Meters - Gas Service Identification 15.20.140 Electrical Equipment Wiring and Hazards - Electrical Disconnect 15.20.150 Fire Protection Systems - System Maintenance 15.20.160 Automatic Sprinkler Systems 15.20.170 Sprinkler Coverage Identification 15.20.180 Fire Control Room 15.20.190 Fire Alarm and Detection System Certification 15.20.200 Precautions Against Fire - Opening Burning Construction Sites 15.20.210 Tire Rebuilding and Tire Storage - Inside Tire Storage 15.20.220 Explosives and Fireworks - Seizure of Fireworks 15.20.230 Explosives and Fireworks - Limits Explosive and Blasting Agents 15.20.240 Explosives and Fireworks - Manufacturing of Fireworks 15.20.250 Storage - Locations Where Aboveground Tanks are Prohibited Class I & II Liquids 15.20.260 General Authority - Contract Inspector 15.20.270 General Authority - Fire investigators 15.20.280 Permits - Required Fees 15.20.290 Permits - Inspection Authorized 15.20.300 Permits - Revocation 15.20.310 Permits - Required 15.20.320 Inspections - Administrative Costs 15.20.325 Board of Appeals 15.20.330 Violations - Administrative Enforcement Provisions 15.20.340 Violations - Abatement of Hazard by Fire Code Official 15.20.350 Unsafe Building - Structural fires 15.20.360 Stop Work Order - Failure to comply 15.20.370 Fire Hydrants - Location and Distribution, Distribution of fire hydrants 15.20.380 Changes or modifications 15.20.010 Adoption The provisions set forth in the 2010 California Fire Code, including Chapters 1, Division II, Chapters 3, 16 and 25, and Appendix Chapters B, D, E, F, G, I and J, are hereby adopted as the Fire 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 Fire Code of the City of Lodi shall regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life and property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2010 California Fire Code," and the above -designated appendixes thereto. 15.20.020 Enforcement Peace officers and persons employed in positions authorized to exercise the authority provided in California Penal Code Section 836.5 are authorized to issue citations for violation of this Chapter. The following designated employee positions may enforce the provisions of this Chapter by issuance of citations: the City Manager or his/her duly authorized representative, the Fire Chief, the Fire Marshal, Fire Inspectors and all sworn members of the City's fire department 15.20.030 Definitions a) Whenever the words "International Fire Code" are used in this Chapter, it shall mean the California Fire Code, Title 24, California Code of Regulations, and Part 9. b) Whenever the word "municipality" is used in the California Fire Code, it shall mean the City of Lodi. C) Whenever the words "Chief' or "Fire Code Official" is used in the California Fire Code, they shall mean the Fire Chief for the City of Lodi or his/her designated representative. 15.20.040 Findings and filings The findings of fact _required in accordance with Health and Safety Code Section 17958.5 are set forth in Section 15.20.380 of this Chapter and are filed separately with the California Building Standards Commission and Lodi City Clerk's Office. 15.20.050 Open burning, Recreational Fires and Portable Outdoor Fireplaces Section 307.1 of the California Fire Code is hereby amended to read as follows: A person shall not kindle or authorize to be kindled or maintain any outdoor burning within the limits of the City of Lodi, except that this section shall not prohibit those fires that are approved by the Fire Code Official for the following purposes: a. The prevention of a fire hazard that cannot be evaded by any other means. 2 b. The instruction of public employees in the methods of fighting fire. C. The instruction of employees in the methods of fighting fire, when such fire is set, pursuant to permit, on property used for industrial purposes. d. The setting of backfires necessary to save life or valuable property pursuant to Section 4462 of the Public Resource Code. e. The abatement of fire hazards pursuant to Section 13055 of the Health and Safety Code. Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning. Nothing in this section shall be construed as prohibiting open outdoor fires used only for cooking food for human consumption where such use is accomplished in an approved fireplace or barbecue pit, or for recreational purposes in areas approved by the Fire Code Official, provided that the combustible is clear dry wood or charcoal and it is a permissive burn day. Approval shall be in accordance with Sections 307.1.1 — 307.5 of the California Fire Code. 15.20.060 Open Flames - Religious Ceremonies Section 308.1.7 of the California Fire Code is hereby deleted: Title 19 of the California Code of Regulations — Public Safety - Section 3.25 (b) supersedes this section thereby making the carrying of hand-held candles illegal. 15.20.070 Miscellaneous Combustible Materials Storage - Pallets, Palletized Packing Boxes and Bin Boxes Section 315 of the California Fire Code is hereby amended to add the following: A permit shall be required to store pallets, palletized packing boxes or bin boxes in excess of 30,000 board feet, in accordance with the following restrictions. Pallets, palletized packing boxes and bin boxes shall be piled with due regard to stability of piles and in no case higher than 12 feet. Where pallets are piled next to a property line, the distance from the property line shall not be less than one half the pile height and in no case less than 5 feet from the property line. Exception: Bin boxes may be stacked to a maximum height of 20 feet. Driveways between and around pallets, bin boxes and palletized packing boxes shall be a minimum of 20 feet wide and maintained free from accumulations of rubbish, weeds, machinery or other articles that would block access or add to the fire hazard. Driveways shall be spaced so a maximum grid of storage is no more than 50 feet by 50 feet. Pallets, palletized packing boxes, and bin boxes, operating under a permit, shall be enclosed by a suitable fence of at least 6 feet in height, unless storage is in a building. An approved water supply and/or fire hydrants capable of supplying the required fire flow shall be provided to the premises within all portions of the storage areas in accordance with Section 507, California Fire Code and Lodi Municipal Code 15.20.370. For permitting purposes one pallet will be calculated as having 25 board feet and palletized packing boxes and bin boxes will be calculated based on average board feet per box. 15.20.080 Fire Apparatus Access Roads - Dimensions Section 503.2.1 of the California Fire Code is hereby amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6 of the California Fire Code and an unobstructed vertical clearance of not less than 13 feet 6 inches. 15.20.090 Fire Apparatus Access Roads - Surfaces Section 503.2.3 of the California Fire Code is hereby amended to read as follows: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall provide a permanent surface of asphalt or concrete installed the full width of all streets, cul-de-sacs and fire lanes. 15.20.100 Premises Identification Section 505.1 of the California Fire Code is hereby amended to read as follows: A. Address Identification New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. The approved minimum size dimensions of the numbers shall be as specified by Table 1. Where a building is set back from the street or road fronting the property and where addresses may not be clearly identifiable due to distance from the street or roadway, landscape and architectural appendages, or other obstructions, address posting shall be required both at the street driveway serving such building and on the building. Table 1 Distance to Building address Size measured from back of walk. Height 25 Feet 4 inches 26-40 Feet 6 inches 41-55 Feet 9 inches Over 55 Feet 12 inches B. Address Identification — Rear Any business or apartment building which affords vehicular access to the rear through a driveway, alley way or parking lot, shall also display approved identification or address numbers on the rear of the building for such business or apartment building in a location approved by the Fire Code Official. C. Address Identification - Multiple Dwelling Units An approved diagram of the premises which clearly indicates all individual addresses of each unit in the complex shall be erected at the entrance driveways to every multiple dwelling complex having more than one building on the premises or when required by the Fire Code Official. In addition, the Fire Code Official may require that individual buildings on the premises be identified in an approved manner. D. Address Identification - Multiple Buildings An approved identification of multiple buildings within an industrial complex shall be required which clearly indicates each individual building in the complex. Identification shall be placed on each building in a size and location, when required by the Fire Code Official, and be visible for responding emergency personnel in an approved manner. E. Address Identification - Illumination Addressing shall be illuminated at night in all new buildings. Signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot-candles. Internally illuminated signs shall provide equivalent luminance. 15.20.110 Key Boxes - Hazardous Materials Management Plan Box Section 506 of the California Fire Code is hereby amended to add the following: When a business which handles hazardous materials is required to complete a Hazardous Materials Management Plan (HMMP), the Fire Code Official may require the installation of a secured box at the primary facility entrance or the fire control room which contains a copy of the Hazardous Materials Management Plan. This box shall be waterproof and capable of holding the document in a rolled condition without folding. Other characteristics of the box shall be approved by the Fire Code Official. Businesses which handle acutely hazardous material as defined in Section 25532 of the Health and Safety Code shall install a Hazardous Material Management Plan Box in accordance with this section. 15.20.120 Emergency Responder Radio Coverage - Public Safety Radio Building Amplification System: Section 510 (Emergency Responder Radio Coverage) of the California Fire Code is hereby amended to add the following: A. Requirement for Approved Emergency Responder Radio Coverage in Buildings. All buildings shall have approved indoor radio coverage for emergency responders. Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than 20 percent to, any building or structure or any part thereof, or cause the same to be 5 done which fails to support adequate radio coverage for the City of Lodi radio communications system. Determining the existence of approved radio coverage and the correction of any deficiencies shall be the responsibility of the building owner. Existing buildings, buildings of one or two single family dwellings, or those below minimum areas as determined by the fire code official may be exempted from this requirement by the Fire Code Official. B. Approved Radio Coverage Approved radio coverage shall conform to the current standards of the Lodi Fire Department. These standards shall define the acceptable indoor signal levels to provide 90% reliability of the Lodi Public Safety Radio System inside structures. The fire code official may determine exceptions and additions to these standards as required to protect the integrity of the public safety radio system and provide acceptable signal levels in structures critical to public health and safety. C. Indoor Public Safety Radio Enhancement Systems If required by this code, any indoor pubic safety radio enhancement system must comply with current standards set by the Lodi Fire Department, and the regulations of the Federal Communications Commission. Systems shall be inspected, maintained, and modified as necessary to provide approved emergency responder radio coverage. If changes in FCC regulations or modifications to the Lodi Public Safety Radio System require modifications to a public safety radio enhancement system, the building owner, at his/her own expense, shall make necessary changes to conform to the existing standard. 15.20.130 Fuel -Fired Appliances - Gas Meters, Gas Service Identification Section 603.9 of the California Fire Code is hereby amended to add the following: All buildings providing natural gas service through more than one (1) service meter or through multiple service connections shall have individual gas shutoffs identified in a manner approved by the Fire Chief indicating areas or units served. 15.20.140 Electrical Equipment, Wiring and Hazards - Electrical Disconnect Section 605 of the California Fire Code is hereby amended to add the following: All buildings constructed after July 1, 2005, shall have main electrical shut off accessible to the exterior of the structure. This may be accomplished by placing the shut off on the building exterior, an electrical room with a door leading directly to the exterior or a remote electrical (shunt) switch on the building exterior. Breakaway locks are allowable for security. 15.20.150 Fire Protection Systems- System Maintenance Section 901.7 of the California Fire Code is hereby amended to add the following: All individuals or companies installing, repairing, testing, servicing or maintaining sprinkler systems, fire hydrant systems, standpipes, fire alarm systems, portable fire extinguishes, smoke and heat ventilators, smoke -removal systems and other fire protection or extinguishing systems or appliances shall be a fire protection contractor or contractor licensed for said work by the State of California or have the appropriate license required by the California State Fire Marshal's Office or both. IN The authority having jurisdiction shall be notified immediately when a fire protection or detection system or portion thereof is found inoperable. The authority having jurisdiction shall be notified in writing within 72 -hours by the person performing repairs, testing, or maintenance when a fire protection or detection system is not in compliance with applicable codes. When changes involve shutting off water for a considerable number of sprinklers for more than 4 -hours, temporary water supply connections shall be made to sprinkler systems so that reasonable protection can be maintained. Protection shall be restored each night. The Fire Code Official may require a fire watch while any system is inoperative. When shorts, failures or other interruptions of service occur within a building's fire alarm system that connects to an approved alarm service provider's Type A (listed) Central Station or is a local alarm only, the Fire Code Official may require the system to be disconnected or shunt out the private fire alarm system and/or circuit. When shorts, failures, or other interruption of service occur within a building's fire alarm system that connects to an approved alarm service provider's Type A (listed) Central Station, the Fire Code Official may require the system to be repaired and written notification to be provided to the Fire Code Official before he or she responds to alarms generated by the system. Where alarm system(s) are wholly or partially out of service for more than 8 hours, the alarm company having responsibility shall notify the fire dispatch center. 15.20.160 Automatic Sprinkler Systems Section 903 of the California Fire Code is hereby amended to add the following: In addition to the requirements specified in Section 903 of the California Fire Code, an automatic sprinkler system shall be installed throughout and maintained in an operable condition regardless of the installation of area separation walls in the following buildings: (1) Every building hereafter constructed in which the total floor area is 6,000 square feet or more. (2) Every building hereafter constructed of three or more stories as defined in the California Building Code. (3) Every building hereafter in which the square footage existing as of September 1, 1997 is increased by 50% and the total square footage of the building exceeds 6,000 square feet. Exception: Group R, Division 3 occupancies. 15.20.170 Sprinkler Coverage Identification Section 903 of the California Fire Code is hereby amended to add the following: When required by the Fire Code Official, approved signs shall identify the building(s) or portions of building(s) served by a fire department connection and/or riser. 15.20.180 Fire Control Room Section 903 of the California Fire Code is hereby amended to add the following: 7 An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Existing buildings installing automatic fire extinguishing system shall have a fire control room added unless approved by the Fire Code Official or his/her designee for good cause. Fire control room shall contain all system control valves, fire alarm control panels and other fire equipment required by the Fire Code Official. Fire control rooms shall be located within the building at a location approved by the Fire Code Official, and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. EXCEPTION: Group R, Division 3 occupancies. 15.20.190 Fire Alarm and Detection Systems - Certification Section 907.8.2 of the California Fire Code is hereby amended to add the following: The permittee shall provide a serially numbered certificate from an approved nationally recognized testing laboratory for all required fire alarm systems indicating that the system has been installed in accordance with the approved plans and specifications and meets National Fire Protection Association Standards. Certification shall be required for all new systems to be installed after July 1, 2003. All existing systems must obtain certification in a timely manner, as approved by the Fire Code Official. A copy of the certification shall be provided to the Fire Code Official at no cost. 15.20.200 Precautions Against Fire - Open Burning Construction Sites. Section 1404.3 of the California Fire Code is hereby amended to add the following: No fire shall be permitted to burn on any construction site for any purpose. This section is not intended to prohibit the use of devices or tools producing a flame when used in an approved manner and necessary for the construction of the building. 15.20.210 Tire Rebuilding and Tire Storage - Indoor Tire Storage Chapter 25 (Tire Rebuilding and Tire Storage) 2509.1 of the California Fire Code are hereby amended to add the following: Inside tire storage shall be in accordance with the following requirements. Tires stored on side walls shall not be higher than six feet. Tires stored in a lace pattern shall not be higher than 5 feet. A minimum of 3 feet of clearance from tire storage racks shall be maintained in all directions to roof structure, sprinkler deflectors, unit heaters, supply and return air duct registers, lighting fixtures, electrical outlets or any other producing device. On -tread storage piles, regardless of storage needs, shall not exceed 25 feet in the direction of the wheel holes. On -floor, on -tread storage shall not exceed 5 feet in height. The width of the main aisles between piles shall not be less than 8 feet. Any aisle other than the main aisles shall not be less than 4 feet in width. Definitions: On -side storage: Tires stored horizontally or flat. On -tread storage: Tires stored vertically or on their treads. Laced storage: Tires stored where the sides of the tires overlap, creating a woven or laced appearance. 15.20.220 Explosives and Fireworks - Seizure of Fireworks Chapter 33 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following: The Fire Code Official is authorized to seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of local, state, or federal regulations. 15.20.230 Explosives and Fireworks - Limits Explosive and Blasting Agents Chapter 33 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following: The storage of explosives and blasting agents is prohibited within the City limits, except in areas zoned M-2 as such zone is defined in the zoning regulations of the City. 15.20.240 Explosives and Fireworks -Manufacturing of Fireworks Chapter 33 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following: The manufacture of fireworks within the limits of the City of Lodi is prohibited. 15.20.250 Storage - Locations where aboveground tanks are prohibited — Class I & II Liquids Section 3404.2.9.6.1 of the California Fire Code is hereby amended to read as follows: Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits of the City of Lodi, except areas zoned IP, M-1 and M-2 as such zones are defined in the zoning regulations of the City of Lodi. 15.20.260 General Authority - Contract Inspector Chapter 1, Division II, Part 2 Section 104.7.2 of the California Fire Code is hereby amended to add the following: The Fire Code Official may require the owner or the person in possession or control of the building or premise to provide, without charge to the fire department, a special inspector ("Contract Inspector"), when the department requires technical expertise for assistance to conduct the required inspections. The Contract Inspector shall be a qualified person who shall demonstrate his/her competence to the satisfaction of the Fire Code Official, for inspection of a particular type of construction, operation, fire extinguishing or detection system or process. Duties and responsibilities of the Contract Inspector shall include but not be limited to the following: X 1. The Contract Inspector shall observe the work assigned for conformance with the approved design drawing and specifications. 2. The Contract Inspector shall furnish inspection reports to the Fire Code Official, Building Official and other designated persons as required by the Fire Code Official. All discrepancies shall be brought to the immediate attention of the contractor for correction, then if uncorrected, to the proper design authority, Fire Code Official, and to the building official. 3. The Contract Inspector shall submit a final signed report stating whether the work requiring inspection was, to the best of his/her knowledge, in conformance with the approved plans and specifications and the applicable workmanship provision of this code. 15.20.270 General Authority - Fire Investigators Chapter 1, Division II, Part 2 — Section 104.10 of the California Fire Code is hereby amended to add the following: All sworn members assigned to the Fire Prevention Bureau or Fire Investigation Unit are hereby assigned as Fire Investigators and as such shall enforce the provisions of the California Penal Code as it pertains to fire and arson investigations. 15.20.280 Permits - Required Fees Chapter 1, Division II, Part 2 — Section 113.2 of the California Fire Code is hereby amended to add the following: The fee for each permit shall be as set forth from time to time by resolution of the Lodi City Council. The City may establish fees sufficient to recover its costs in administering this Code. No permit shall be issued until such fees have been paid, and administrative citations may be issued to persons violating this Code by the persons allowed to issue citations as stated in Lodi Municipal Code — Chapter 1.10 — Administrative Enforcement Provisions. 15.20.290 Permits - Inspection Authorized Chapter 1, Division II, Part 2 — Section 105.2.2 of the California Fire Code is hereby amended to read as follows: Before a new operational permit is approved, the Fire Code Official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with this Code or any operational constraints required. Instances where laws or regulations are enforced by departments other than the fire department, joint approval shall be obtained from all departments concerned. No final inspection under this Code, as to all or any portion of the development, shall be deemed completed and no certificate of occupancy shall be issued unless and until the requirements imposed by this Code have been completed and the final approval thereof, by the Fire Department, has been given as provided herein and all plan reviews and inspection fees paid. 15.20.300 Permits - Revocation Chapter 1, Division II, Part 2 — Section 105.5 of the California Fire Code is hereby amended to add the following: 10 The Fire Code Official further shall have the power to revoke, suspend, or deny the granting of any permit required pursuant to the provision of this Code for any of the following reasons: (a) When deemed necessary for the protection of life, limb, or property; or (b) For changing the occupancy, equipment, materials, processes, or other conditions in such a manner as to create a greater danger of fire or explosion or less protection than was present at the time of the issuance of such permits. 15.20.310 Permits - Required Chapter 1, Division II, Part 2 — Section 105.6 of the California Fire Code is hereby amended to add the following: Christmas Tree Lots. A permit issued by the Fire Code Official is required to operate a Christmas Tree Lot with or without flame proofing services. Haunted Houses. A permit issued by the Fire Code Official is required to operate a temporary or permanent haunted house. Special Events. A permit issued by the Fire Code Official is required to conduct a special event that is not otherwise listed in this Code and in the opinion of the Fire Code Official or his or her designee poses a fire or life safety concern to the public. 15.20.320 Inspections - Administrative Costs Chapter 1, Division II, Part 2 — Section 106.2 of the California Fire Code is hereby amended to add the following: When a test or inspection is scheduled and the contractor fails to perform to the satisfaction of the authority having jurisdiction, the authority having jurisdiction may bill the contractor for actual time spent traveling to and from the test/inspection location and the time spent at the test/inspection site as well as administrative costs. 15.20.325 Board Of Appeals. Chapter 1, Division II, Part 2 — Section 108 of the California Fire Code is hereby amended to read as follows: 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 Fire Code 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 Fir Code Official with the other copy to the applicant. 11 15.20.330 Violations - Administrative Enforcement Provisions Chapter 1, Division II, Part 2 — Section 109.2 and 109.3 of the California Fire Code is hereby amended to read as follows: Notices of violation, citation or penalties shall comply with Lodi Municipal Code — Chapter 1.10 — Administrative Enforcement Provisions with the following terminology changes or deletions wherever stated in Chapter 1.10. (a) Whenever the word "Community Improvement Officer" is used, it shall mean the Fire Code Official. (b) Whenever the word "Department of Public Safety" is used, it shall mean the Lodi Fire Department. (c) Whenever the word "Community Development Director" or "Director" is used, it shall mean the Fire Chief or his designee. (d) Whenever the word "Uniform Codes" is used, it shall mean the California Fire Codes. (e) Section 1.11.260E is not applicable to the provisions of this chapter, (Community Awareness and Responsibility Education Classes) as it pertains to residential dwellings. 15.20.340 Violations - Abatement of Hazard by Fire Code Official Chapter 1, Division II, Part 2 — Section 109.3.1 of the California Fire Code is hereby amended to add the following: If any person fails to comply with the orders of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupant or other person responsible within a reasonable time, the Fire Code Official or his or her authorized representative may take such steps as are necessary to abate the hazard for the protection of the public health and safety. No event notice is necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property. 15.20.350 Unsafe Buildings - Structural Fires Chapter 1, Division II, Part 2 — Section 110.1.1 of the California Fire Code is hereby amended to add the following: The Chief Officer at the scene shall attempt to notify all occupants or owners of structures, which have suffered damage by fire, that such structures or buildings must be inspected before any repairs thereof are made. A permit covering the structural, electrical and plumbing repairs shall be obtained from the City of Lodi Community Development Department. The Chief Officer shall report all such structural fires to the Chief Building Official or his/her designee within twenty-four hours after the occurrence of such fire. 15.20.360 Stop Work Order - Failure to Comply Chapter 1, Division II, Part 2 — Section 111.4 of the California Fire Code is hereby amended to read as follows: 12 Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than that stated in Lodi Municipal Code — Chapter 1.10 — Administrative Enforcement Provisions. 15.20.370 Fire Hydrants Locations and Distribution — Distribution of Fire Hydrants Appendix C — Section C105.1 of the California Fire Code is hereby amended to read as follows: Private fire hydrants and public off site fire hydrants shall be spaced with the maximum distances as specified by Table 2. Table 2 Maximum Zoning Type Spacing Commercial, high density, Industrial or high-value 300 feet Low Density Residential 500 feet Residential Reverse Frontage 1000 feet Hydrants shall be required on both sides of the street whenever one or more of the following conditions exist: 1. Streets have median center dividers that make access to hydrants difficult, cause time delays, or create undue hazard or both. 2. On major arterials when there is more than four lanes of traffic. 3. Width of street in excess of 88 feet. 4. The existing street being widened or having a raised median center divider in the future pursuant to the General Plan Roadway Improvements Plans for the City of Lodi. 15.20.380 Changes or Modifications In accordance with Health and Safety Code Section 17958.5, the adoption of amendments more restrictive than the requirements contained in the provisions published in the California Building Standard Code, are needed because of local conditions, as specified below: (A) Climatic (1) Conditions Precipitation averages 18 inches per year, and can reach as high as 35 inches per year. Virtually all of the rain occurs during the months of October through April. The remaining months receive little or no rain. Temperatures during the summer months can reach as high as 110 and City of Lodi averages 19 days over 100 each year. Relative humidity during these summer 13 months is very low. Lodi averages 34 days of dense fog per year, and has had as many as 64 foggy days. (2) Impacts The generally dry, hot summer months create extreme fire conditions. Adding to this situation is the dryness and combustibility of many structures during the summer, especially true of structures with wood siding and roofs constructed of wood shakes and shingles. The cyclical uncertainty that allow weather events can cause rapid melting of the snow pack which causes flood potential in areas surrounding the Mokelumne River. The foggy conditions can inhibit the dispatch and timeliness of emergency equipment reaching the site of a fire. During foggy periods it is common place for visibility to be near zero, which results in emergency equipment having to decrease their speed to less than 25 miles per hour. (B) Geographic (1) Conditions The City of Lodi is subject to ground tremors from seismic events as the County is in seismic Category D. The Mokelumne River, which borders the northern city limits, is subjected to flood potential and its levies are subject to failure from seismic activity or high water. (2) Impacts The geologic conditions in San Joaquin County in general, and the City of Lodi, in particular, have the potential of restricting access to structures, especially in remote or isolated areas. A moderate earthquake or extended periods or rain can impact local access roads. (C) Topographic (1) Conditions The City of Lodi consists mainly of the San Joaquin Valley floor. The valley floor is typically flat land area bisected by intermittent and year round stream and river systems. Much of the valley floor is irrigated agriculture. Low land areas protected by a complex and extensive levee system characterize the Delta area. Union Pacific Railroad Tracks bisect the eastern and western portions of Lodi as well as Highway 99 creating traffic congestion and emergency response delays. (2) Impacts The valley floor is frequently subject to both general and localized flooding. Because the area is so flat and low, it is not unusual for local drainage systems to be inadequate during heavy rain periods. This condition can isolate areas where roads are flooded and thereby block access. With the OSHA "two -in two -out' rule requiring two fire fighters ready to make attack only when two others are present, the potential delay in east -west response increases the risk to firefighter and the public. While it is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the code attempt to reduce the severity and potential loss of life, property and protection of the environment. 14 Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as such conflict may exist. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Lodi hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published. This ordinance shall be published one time in "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi. Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect January 1, 2011, a date which is at least 30 days after passage of this ordinance. Attest: Randi Johl City Clerk 15 Approved this day of November, 2010 PHIL KATZAKIAN Mayor 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2010, 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 City Attorney, City of Lodi JANICE D. MAGDICH Deputy City Attorney 16 RANDIJOHL City Clerk ORDINANCE NO. 2010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.22, "ATC -20 SAFETY ASSESSMENT PLACARDS" USED TO DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY OF BUILDINGS. WHEREAS, one of the functions of the Applied Technology Council ATC -20 publication entitled Post -Disaster Safety Assessment Program, was the development of placards that clearly identify the condition of buildings to owners and occupants during a disaster; and WHEREAS, these placards were first used after the Loma Prieta earthquake in 1989; and WHEREAS, a panel was convened by the Applied Technology Council to review ATC -20 and update the publication and placards based on the Loma Prieta experience that recommended revisions tp the placards; and WHEREAS, placards have been widely used in past earthquakes to denote the condition of buildings and structures, and in many cases, the placards have been those recommended in the ATC -20 publication; and.- WHEREAS, in past events, there have been a number of reports of placards being removed from buildings by owners or tenants or an unauthorized change of placards, usually from UNSAFE to one of the other categories, compromising the protection of the public; and WHEREAS, adopting the ATC -20 recommended placards by ordinance makes them the City's official placards and their use enforceable under this Code and the misuse or removal of the placards punishable under this Code; and WHEREAS, only authorized representatives of a jurisdiction may place official placards,and for this reason, the Post -Disaster Safety Assessment Program recommends that safety assessment evaluators be deputized. If evaluators are not deputized, the jurisdiction must send out its own personnel to post the buildings. In accordance with Article 17, Section 8657(b) of the California Emergency Services Act, local government is not financially responsible for providing disaster volunteers with worker's compensation coverage if the jurisdiction deputizes and registers the volunteers. Volunteering safety assessment evaluators registered with OES as Disaster Service Worker Volunteers are provided worker's compensation coverage by the State of California; safety assessment evaluators who are State or local government employees are covered by their respective jurisdiction and respond to disasters under the terms of mutual aid agreements. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 15 — Buildings and Construction — is hereby amended by adding Chapter 15.22, ""ATC -20 Safety Assessment Placards" to read as follows: CHAPTER 15.22 ATC -20 SAFETY ASSESSMENT PLACARDS Sections: 15.22.010 Intent 15.22.020 Application of Provisions 15.22.030 Definitions 15.22.040 Placards Section 15.22.010 Intent This Chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. This Chapter further authorizes the Building Official and his/her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. Section 15.22.020 Application of Provisions. (a) The provisions of this Chapter are applicable to all buildings and structures of all occupancies regulated by the City of Lodi. The Council may extend the provisions as necessary. Section 15.22.030 Definitions. (a) Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. Section 15.22.040 Placards. (a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached. (1) INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (2) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note on the placard in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (3) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by 2 the Building Official, or his/her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note on the placard in general terms the type of damage encountered. (b) The number of the ordinance adopting this Chapter, along with the address and phone number of the Building Division of the City's Community Development Department, shall be permanently affixed to each placard. (c) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official, including deputized safety assessment evaluators. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a posted placard unless authorized to do so pursuant to this section. (d) Placards Shall Read as Follows: 3 INSPECTED •. LAWFUL OCCUPANCY PERMITTED Community Development Department, Building Division 221 West Pine Street, Lodi, California 95240 (209) 333-6714 Citv of Lodi Ordinance No. Adopted: This structure has been inspected (as indicated below) and no apparent structural hazard has been found. ❑ Inspected Exterior Only ❑ Inspected Exterior and Interior Report any unsafe condition to local authorities; Re -inspection may be required. Inspector Comments: Inspector ID/Agency: Facility Name & Address: Date: Time: (Caution: Aftershocks Since Inspection May Increase Damage and Risk) This Facility was inspected under emergency conditions by: Jurisdiction: Address: Telephone: DO NOT REMOVE, ALTER OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE BUILDING OFFICIAL (LODI MUNICIPAL CODE §15.22.040) .19 LIMITED ENTRY OFF LIMITS TO UNAUTHORIZED PERSONNEL ' DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION ORDER) ' Community Development Department, Building Division 221 West Pine Street, Lodi, California 95240 (209) 333-6714 City of Lodi Ordinance No. Adopted: This Structure has been Inspected, Found to be Seriously Damaged and is Unsafe to Occupy, as Described Below: DO NOT ENTER, EXCEPT AS SPECIFICALLY AUTHORIZED IN WRITING BY JURISDICTION. ENTRY MAY RESULT IN DEATH OR INJURY. Facility Name & Address: This Facility was Inspected Under Emergency Conditions By: Jurisdiction: Address: Telephone: Inspector ID/Agency: Date: Time: DO NOT REMOVE, ALTER OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE BUILDING OFFICIAL (LODI MUNICIPAL CODE §15.22.040) UNSAFE Community Development Department, Building Division 221 West Pine Street, Lodi, California 95240 (209) 333-6714 Citv of Lodi Ordinance No. Adopted: CAUTION: This Structure Has Been Inspected and Found to be Damaged as Described Below: Entry, Occupancy and Lawful Use are Restricted as Indicated Below: Facility Name & Address: Date: Time: (Caution: Aftershocks Since Inspection may Increase Damage and Risk) This Facility was inspected under emergency conditions by: Jurisdiction: Address: Telephone: Inspector ID/Agency: DO NOT REMOVE, ALTER OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE BUILDING OFFICIAL (LODI MUNICIPAL CODE §15.22.040) Section 2. 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 4. 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 30 days from and after its passage and approval. Approved this day of , 2010. PHIL KATZAKIAN Mayor Attest: RANDI 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 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2010, 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 of the date of its passage and the same has been published pursuant to law. Approved as to Form: D. STEPHEN SCHWABAUER City Attorney, City of Lodi By JANICE D. MAGDICH Deputy City Attorney 7 RANDI JOHL City Clerk Adoption of the 2010 California Codes & Placard Ordinance Lodi City Council Nov. 03, 2010 Code adoption The California Building Standards Commission has selected January 1, 2011 as the effective date for the 2010 California Building Codes. Code adoption Every three years, building/construction codes are amended by the State of California • Cities and counties are mandated to adopt State standards. • If City codes with amendments are not adopted by January 1, 2011, those jurisdictions are required to follow State codes only. 2010 California Building Standards Code — Title 24 (effective January 1, 2011) ■ California Building Code ■ California Residential Code ■ California Green Building Standard Code ■ California Mechanical Code ■ California Plumbing Code ■ California Electrical code ■ California Energy Code ■ California Fire Code Major changes in this Code Cycle California Residential Code � f California Green Building Standards Code 2010 California Residential Code Fire sprinklers ■ For all new single family dwellings ■ Exceptions: ❑ Clothes closets ❑ Bathrooms ❑ Attic & crawl space with no gas-fired equipment ❑ Detached garage with no habitable space above 2010 California Residential Code Carbon monoxide alarms ■ Required when ❑ Fuel -burning appliances are installed o Dwelling has an attached garage ■ Location • Outside of each separate sleeping area o On every level of a dwelling 2010 California Green Building Code Mandatory measures ■ Planning and design ■ Energy efficiency ■ Water efficiency and conservation ■ Material conservation and resource efficiency ■ Environmental quality Residential mandatory measures ■ Indoor water use: Reduce usage 20% ■ Outdoor water use: Landscape control ■ Construction waste: Reduce by 50% ■ Pollutant Control: Covering duct opening & protection of equipment during construction Volatile organic compound reduction Planning and design: Nonresidential Site development ■ Bicycle parking o Short-term bicycle parking — 5% of visitor parking capacity o Long-term bicycle parking — 5% of total parking capacity Planning and design Site development ■ Designated parking for clean air vehicles o Stall marking for 8% of total parking capacity LANDSCAPE Material conservation/resource efficiency Construction waste reduction, disposal and recycling ■ Construction waste reduction of at least 50% Li Exception to allow alternate waste reduction method ■ 100% of excavated soil and land -clearing debris 2010 California Building Code . Accessibility for existing buildings Li Change of Occupancy ■ Minimum of one accessible building entrance ■ Minimum one accessible route from entrance to primary function area ■ Signage ■ Accessible parking ■ Accessible path of travel from parking to primary entrance ATC -20-1 placards ordinance ■ Placards are used in the event of a disaster to denote buildings ■ Placards must be adopted by ordinance to be enforceable ATC -20-1 placards ordinance INSPECTED — Ok to Occupy LIMITED E n n�� ;eip�.vnresµ,.��.or a.awo►.q wn. • ar.c..as.wnn — Area(s) Unsafe UNSAFE — Do not enter or occupy Public communication ■ Lodi News -Sentinel ■ Community Development Department ❑ Flyers, Handout, counter information ■ Discussion with BIA ■ Public Presentation, October 7, 2010 o Contractors o Architects Li Engineers o Developers and other interested parties. Fire Code ■ Administrative section now adopted by State ■ Appendixes for high hazards o Hazard categories and rankings (Appendixes E & F) o Crop ripening (Chapter 16) o Cryogenics (Appendix G) o Fire -suppression system maintenance (Appendix I) ■ Local codes ❑ No new codes ❑ Clarification for code titles ❑ Appeal process same as Community Development Operational permits ■ Operational permitting part of current code Li Has not been implemented locally ■ Fee schedule for operational permits is being recommended o Authority to set fees is in State/municipal codes ■ Recommended fees based on current CID cost ■ Implementation over the next year Code adoption Questions? �IFOp`� Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF THE 2010 CALIFORNIA BUILDING, MECHANICAL, ELECTRICAL, PLUMBING, RESIDENTIAL, GREEN BUILDING STANDARD, AND FIRE CODES WITH LOCAL AMENDMENTS INCLUDING A FEE SCHEDULE FOR OPERATIONAL PERMITS AND ATC 20 PLACARDS PUBLISH DATE: SATURDAY, OCTOBER 23,2010 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 21,2010 ORDERED BY: RANDI JOHL CITY CLERK NIFER ROBISON, CMC AZ5SISTANT CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084 at (time) on (date) (pages) LNS Phoned to confirm receipt of all pages at (time) MB JMR (initials) forms\advins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER ADOPTION OF THE 2010 CALIFORNIA BUILDING, MECHANICAL, ELECTRICAL, PLUMBING, RESIDENTIAL, GREEN BUILDING STANDARD, AND FIRE CODES WITH LOCAL AMENDMENTS INCLUDING FEE SCHEDULE FOR OPERATIONAL PERMITS AND ATC 20 PLACARDS On Friday, October 22, 2010, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider adoption of the 2010 California Building, Mechanical, Electrical, Plumbing, Residential, Green Building Standard, and Fire Codes with local amendments including a fee schedule for operational permits and ATC 20 Placards (attached and marked as ExhibitA) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjurythat the foregoing is true and correct. Executed on October 22, 2010, at Lodi, California. J IFER M. OBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTCD.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING PUBLIC HEARINGTO CONSIDER ADOPTION OF THE 2010 CALIFORNIA BUILDING, MECHANICAL, ELECTRICAL, PLUMBING, RESIDENTIAL, GREEN BUILDING STANDARD, AND FIRE CODES WITH LOCALAMENDMENTS INCLUDINGA FEE SCHEDULE FOR OPERATIONAL PERMITS AND ATC 20 PLACARDS On Friday, October 22, 2010, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing to consider adoption of the 2010 California Building, Mechanical, Electrical, Plumbing, Residential, Green Building Standard, and Fire Codes with local amendments including a fee schedule for operational permits and ATC 20 Placards, attached hereto marked ExhibitA. The mailing list for said matter is attached hereto marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on October 22, 2010, at Lodi, California. JgINIFER M. OBISON,CMC ASSISTANT CITY CLERK Forms/decmail.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK CI` rOFLODI NMfd-E OF IPU LIc REM'NG i... Carnegie Forum Date: November 3, 2010 305 West Pine Street, Lodi Time: 7:00 p.m, Ir 19 For information regarding this notice please contact: Randi Johl City Clerk EXHOT Telephone: (209) 333-6702 _ DTI 11 PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, November 3, 2010, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider approval of the following item: a) Adoption of the 2010 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code with local amendments including a fee schedule for operational permits and ATC 20 Placards. Information regarding the 2010 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, and Green Building Standard 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, 2"d 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 d the public hearing. of the Lodi City Council: Randi Johl City Clerk Dated: October 20, 2010 Approved as to form: D. Stephen �Schw�abaue�r City Attorney CLERMPUBHEAR\NOTICES\NotBuildingCodes.DOC 10/21/10 ITY OF LODI !TY HALL, 221 W. PINE ST. P.O. BOX 3006 DI, CALIFORNIA 95241-1910 y Clerk's Office ublic Hearing Lodi District Chamber of Commerce otice Enclosed 24 S. school St. Lodi, CA 95240 'ITY OF LODI ;ITY HALL, 221 W. PINE ST. P.O. BOX 3006 SDI, CALIFORNIA 95241-1910 ty Clerk's Office Wendel Kiser ublic Hearing 930 Ehrhardt lotice Enclosed Lodi, CA 95240 Kari Chadwick Distribution List Name: Building Contractor Meeting List Members: Brad Hammon Hammon44@rocketmail.com Chuck Vecchiarelli chuck@theglassguru.com Clint O'Connor okuuipo@att.net Crystal Kirst ckirst@gmail.com Dale Foletta famesestimator@sbcglobal.net Dale Orth dalebuff@juno.com Daniel Hoag hoagconstruction@sbcglobal.net Dave Lagorio dlagorio@diedeconstruction.com David Miraflor David12d@yahoo.com Doug Forshey dougf@winerose.com George Rodriguez gar-architect@sbcglobal.net Greg Harris lodiservices@sbcglobal.net Greg Koehler gjkmmt@aol.com Hector Ramos ramosconsulting@comcast.net Jamie McConnell jamie@hendersonslodi.com Jarome Jacob jjacob@quicksglass.com Jeff Kirst jjkirst@gmail.com Jeff Simpson tullscw@comcast.net Jim Brandt jimbrandt75@yahoo.com John Beckman johnb@biadelta.org John DellaMonica & Tom Snyder dsarchitects@sbcglobal.net Juan Herrera jfhdesign@clearwire.net Kevin Bertsch kevinbertsch@softcom.net Lance Trammell trammelIconst@sbcglobal.net Larry Peters Vasrl 011@yahoo.com LarryWennell Iw@wm barchitects.com Laura Stengel laura.stengel@gmail.com Lee Purdue Lee4streamline@comcast.net Lisa Jennings Ijennings@live.com Lonnie Hall lockefordroofing@gmail.com Mike Henninger michaeldh@comcast.net Mike Smith mse5@clearwire.net Pablo Jaramillo p.jaramillohomedesigns@gmail.com Paul Gomes paulgomes@clearwire.net Pedro Duran pedro@duranhomes.net Peter Friis peter@pciconst.net Peter Gruettner Gruet@sbcglobal.net RAy Lilley californiaglaslodi@sbcglobal.net Reggie Katzakian rkatzakian@aol.com Renewable Technologies info@renewable.com Rick Schultz allair@comcast.net Robert Jackson Rljl908@comcast.net Roger Stafford Staf4ds@comcast.net Russ Always Henderson_bros@yahoo.com Sean Ray seandonna@sbcglobal.net Stan Evans sjunlimitedinc@yahoo.com Steve Pechin spechin@bpengineers.net Tim Katzakian tim2265@att.net Tim Munson tmunz3@yahoo.com Tom Bailey tbailey@ kimmelconstruction.com Tom Baker tbaker9314@comcast.net Troy Krause takrause@cleanuire.net Y Acosta Aci99@clearwire.net 2011 Building Code Adoption Public Hearing Notice Fax/Mailing List (November 3,2010 City Council Meeting) FAX LIST NAME COMPANY FAX/E-MAIL Duane Bechthold 334-0607 Matt McCarty 339-8093 Richard Entzi 368-2126 Dave Olson 366-2487 Steve Faszer 365-1827 Lodi Assoc of Realtors 368-8289 Daryl Lee 369-1396 Lesovskv/Donaldson 943-0415 MAILING LIST Company FirstName LastName Addressl City State Postal Code Lodi District 24 S. School St. Lodi CA 95240 Chamber of Commerce Wendel Kiser 930 Ehrhardt Lodi CA 95240