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HomeMy WebLinkAboutAgenda Report - November 2, 2016 G-02 PHAGENDA ITEM (),..2 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider Introducing Ordinances Adopting the 2016 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, Fire Code MEETING DATE: November 2, 2016 PREPARED BY: Community Development Director and Fire Chief RECOMMENDED ACTION: Public hearing to consider introducing ordinances adopting the 2016 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, Fire Code. BACKGROUND INFORMATION: Pursuant to Health and Safety Code Section 18938, the California Building Standards Commission has selected January 1, 2017 as the effective date for the 2016 California Building Code, 2016 California Mechanical Code, 2016 California Electrical Code, 2016 California Plumbing Code, 2016 California Residential Code, 2016 California Fire Code and 2016 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, 2017, 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 changes in this code cycle are in the California Building Code, California Plumbing 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 building codes are as follows: California Building Code 1) The provisions of Chapter 34 Existing Structures were relocated to 2016 California Existing Building Code (CEBC) Part 10, Title 24. APPROVED: fa- / Stephen Schwabauer, City'Manager PH Building & Fire Codes Page 2 of 2 California Plumbing Code changes The 2016 California Plumbing Code several chapters were reorganized, which includes the following changes 1) Referenced standards formerly in Chapter 14 have been relocated to Chapter 17 2) Provisions regarding alternate water sources from nonpotable applications have been relocated from Chapter 15 to Chapter 16. 3) Provisions regarding Nonpotable Rainwater Catchment Systems have been relocated from Chapter 17 to Chapter 16. California Fire Code Changes There were minimal edits of which are not anticipated to be of concern. Staff met with BIA and the Chamber of Commerce on October 13th. A publication for the public hearing has been posted in the Lodi News -Sentinel as well as notices were provided at the front counter. Informational handouts are currently being revised to reflect the new code requirements. These handouts will be available at the Building & Safety kiosk and on the City web page on or before January 1, 2017. Staff's recommendation is to approve the 2016 codes as amended. The Ordinances have been presented in track changes format to more easily identify the revisions. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Ste fa- bauer Community Development Director DC/LR/BD/kjc JACommunity Development\Council Communications\2016\11-2 PH Building and Fire Codes staff F) doc Larry Wooney Fire Chief ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "232016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY, REPEALING AND REENACTING 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). 15.04.032 CEBC Chapter 1. Division 11 (Board of Anneals 15.04.034 CEBC Chapter 1. Divislon 11.CBu_ ilding Permit Fees and Valuation). 15.04.040 Fee Schedule. 15.04.050 Special Inspections — Downtown Business District. 15.04.060 Violation — Misdemeanor. The provisions set forth in the 2432016 California Building Code, Volumes 1 and 2, including Chapter 1, Division II, Appendix I and J, Califomia Existing Building Code including Chapter 1, Division II, 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 "281-32016 California Building Code," Volumes 1 and 2, California Existing Building Code and the above designated appendixes thereto. 15.04.020 CBC Chapter 1. Division ll (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_1llBuiiding 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. Sec. 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;04,0 2 9E99 C99e Chapter 1. Division 11 (Board of Anneals) Sec. 112.1. In order to determine the suitabilliN of alt ma a ma edals and types of construction and to provide for rasonable,inerpretations of this Chapter, the City Council sIl sft as a Baa of 6MMil.. The Building Official shall be an x -officio mein rand_ 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 conductina a meeting and investi-gations and shall render I ¢eciaion and findings in du livate. A copy will go to the Building Official with the o ero he icon . 15.04.,334 CEBA Chapter 1, Division 11 (Building Permit Fees and Valyation) Sec. 108.1 Building Permit Fees. A fee for each building it reguired b this Chapter shall be paid to the City of Lodi. F s sh II be paid prior to ipermilt issuance. Section 108.3. The determination cf value or valuation under any of the provisions of this Cha ter shall be made by the Building Official and shall be based on the latest building valuation data as D nted in thg Baird ina Safety Journal, published by the laigm_atibnal Code_ Council 5380 South Workman Mill Road. WhittieE. CA 90801.. 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 labgr,fr which the permit is issued, as well as all finish work,yainjim roofing, electrical, plumbing, heating, air -conditioning, elevators, fire extlnouishing systems and any other permanent work or permanent ecuipment. EXCEPTION: The Building Official shall determine the valuation when no applicable data is availabit in Byiiding Safety Journal. 2 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. C. In addition to the penalties set forth in Section 15.04.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect January 1, 2017, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, 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: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk rd ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "32016 CALIFORNIA MECHANICAL CODE", THEREBY, REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: Chapter 15.08 MECHANICAL CODE 15.08.010 Adoption. 15.08.020 Mechanical Permit Fees. 15.08.030 Fee Schedule. 15.08.040 Investigation Fee. 15.08.050 Installation. 15.08.060 CMC Chapter 1, Division II (Board of Appeals). 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "32016 California Mechanical Code," together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "32016 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 114.2104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee — Work Without a Permit Sections 114.5104.5.1 and 114.6-4104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. 15.08.050 Installation Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 303.1.2 Location of heating and cooling equipment. Heating, cooling, and swimming pool equipment shall not be located within the required five-foot side yard setback as defined by the City of Lodi Zoning Ordinance for residential zonings. 15.08.060 CMC Chapter 1, Division II (Board of Appeals) Section 198.0107.0 and 108.1107.1 In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.08.070 Violation — Misdemeanor A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provision of this Chapter. Maintenance of equipment, which was unlawful at the time it was installed and which would be unlawful under this Code if installed after effective date of this Chapter, shall constitute a continuing violation of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.08.070(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. — No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside if the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. — Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 2 Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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, 2914-2017 which date is at least 30 days after passage of this ordinance. Approved this _ day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November _, 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "20132016 CALIFORNIA ELECTRICAL CODE", THEREBY REPEALING AND REENACTING 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 Qualifications of Inspectors. 15.16.070 Violation — Misdemeanor. 15.16.010 Adoption The provisions set forth in the "201-32016 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; and the enforcement of the rules and regulations as set forth in the 28-132016 California Electrical Code 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 Qualifications of Inspectors 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 description. 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 but of f 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, 20142017, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — 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. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE MAGDICH ` City Attorney ��" ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "32016 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 "29932016 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 24432016 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 4104.5 The schedule of plumbing permit fees required by this Chapter will be those established and adopted by City Council from time to time by resolution. 15.12.050 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 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, 204 42017, which date is at least 30 days after passage of this ordinance. 2 Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 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: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk 3 ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "32016 CALIFORNIA RESIDENTIAL BUILDING CODE", THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building Code," is hereby repealed and reenacted in its entirety to read as follows: Chapter 15.06 RESIDENTIAL CODE 15.06.010 Adoption. 15.06.020 CBC Chapter 1, Division 11 (Board of Appeals). 15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation). 15.06.040 Fee Schedule. 15.06.050 Repetitive Submittals (Master Plans). 15.06.060 Violation — Misdemeanor. 15.06.010 Adoption The provisions set forth in the 2013 2016 California Residential Code, including Chapter 1, Division 11, Appendix H and J, Sections AJ102. AJ104.1. AJ105, AJ501.7, AJ501.8, AJ601.1 only, Appendix V thereto, are hereby adopted as the Residential Building Code of the City of Lodi and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Residential Code of the City of Lodi shall apply to all matters pertaining to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Lodi, California; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "32016 California Residential Code" and the above -designated appendixes thereto. 15.06.020 CBC Chapter 1 Division II (Board of Appeals) Sec. 112.1 - In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full Board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation) Section 108.1. Building Permit Fees. A fee for each building permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. Section 108.3. The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official and shall be based of the latest building valuation data as printed in the Building Safety Journal, published by the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work, including materials and labor for which the permit is issued, as well as all finish work, painting, roofing,' electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent work or permanent equipment. EXCEPTION: The Building Official shall determine the valuation when no applicable data is available in Building Safety Journal. 15.06.040 Fee Schedule The schedule of building permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.06.050 Repetitive submittals (Master Plans) A. Fees for the repetitive submittals of Master Plans shall be as follows: 1. Original plan: 100% of building permit fee, plus 10%. 2. Subsequent plans: 25% of building permit fee. 3. City's Residential Code (Chapter 15.06) is subject to review and adoption every three years; as such, Master Plans expire upon the effective date of City's most recent Residential Code. 15.06.060 Violation — Misdemeanor A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure located within the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.06.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid 2 provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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, 24442017, which date is at least 30 days after the passage of this ordinance. Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this day of November, 2016 MARK CHANDLER, Mayor I, Jennifer M. Ferraiolo, 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 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 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: JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH ,. City Attorney ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "32016 CALIFORNIA GREEN BUILDING STANDARD CODE", THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and reenacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption. J The provisions set forth in the 24432016 California Green Building Standard Code is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is 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. Section 2. No Mandatary 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, 24"2617, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest:. JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney N JENNIFER M. FERRAIOLO City Clerk ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "244,32016 CALIFORNIA FIRE CODE", THEREBY REPEALING AND REENACTING 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 15.20.065 Sky Lanterns 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 California Fire Code (20442016 Edition), including Chapters 1, Division II, Chapter 11 in its entirety and Chapter 4. Appendix C"a^*p�4,- A, B, BB, C, CC, D, E, F, G, H, I, d, and K and N with the exception of Section 103.2 (published by the International Code Council), 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, regulating and governing 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 or 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, regulations, penalties, conditions and terms of the Fire Code of the City of Lodi, are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes as prescribed in this ordinance. 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 f California Fire Code (20132016 Edition), Title 24, California Code of Regulations, Part 9. b) Whenever the words "California Fire Code" are used in this Chapter, it shall mean the California Fire Code (241-32016 Edition), Title 24, California Code of Regulations, Part 9, as adopted. c) Whenever the word "municipality" is used in the California Fire Code (232016 Edition), it shall mean the City of Lodi. d) Whenever the words "Chief' or "Fire Code Official" is used in the California Fire Code (20132016 Edition), they shall mean the Fire Chief for the City of Lodi or his/her designated representative. 2 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. 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. 15.20.65 Sky Lanterns Section 308 of the California Fire Code is hereby amended to add the following: No person shall release or cause to be released an untethered sky lantern. Sky Lantern. An unmanned device with a fuel source that incorporates an open flame in order to make the device airborne. 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. 3 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. 4 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 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 multiple service connections shall have individual by the Fire Chief indicating areas or units served. 2 more than one (1) service meter or through gas shutoffs identified in a manner approved 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. 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: VA (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% or the total square footage of the building exceeds 6,000 square feet. 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: 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 3404.3 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 8 Chapter 34 (Tire Rebuilding and Tire Storage) 3409.1 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 56 (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 56 (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 56 (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 5704.2.9.6.1 of the California Fire Code is hereby amended to read as follows: 9 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 11, 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: 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 11, 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. 10 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. In 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: 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 11, 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: 11 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 Fire Code Official with the other copy to the applicant. 15.20.330 Violations - Administrative Enforcement Provisions Chapter 1, Division 11, 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: 12 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: 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: 13 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 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 14 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 of 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. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as such conflict may exist. Section 4. 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 5. That nothing in this ordinance or in the California 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. 15 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, 241-42017,_a date which is at least 30 days after passage of this ordinance. Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this day of November, 2016 MARK CHANDLER, Mayor I, Jennifer M. Ferraiolo, 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 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk Adoption of the 2016 California Codes Lodi City Council Nov. 02, 2016 Code Adoption The California Building Standards Commission has selected January 1, 2017 as the effective date for the 2016 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 not adopted by January 1, 2017, those jurisdictions are required to follow State codes only. 2016 California Building Standards Code — Title 24 (effective January 1, 2017) ��§ ■ 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 2016 California Building Code Chapter 34 Existing Structures is now 2016 California Existing Building Code (CEBC) Part 10, Title 24 2016 California Plumbing Code ■ Chapters were reorganized, which includes the following changes ■ 1) Referenced standards formerly in chapter 14 have been relocated to Chapter 17 ■ 2) Provisions regarding alternate water source from nonpotable applications have been relocated from chapter 15 to Chapter 16. ■ 3) Provisions regarding Nonpotable Rainwater Catchment Systems have been relocated from Chapter 17 to Chapter 16. Public Communication ■ Lodi News -Sentinel ■ Community Development Department Flyers, Handout, counter information ■ Public Presentation, October 13, 2016 o Contractors • Architects o Engineers • Developers and other interested parties. 2016 California Building Code ■ Free online code access ❑ http://www.lodi-gov/community_development/ index.html ❑ http://codes.iccsafe-org/California.html Staff Recommendation o Adopt 2016 Building Code updates as amended by Ordinance. -Please immediately confirm receipt o, f 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 2016 CALIFORNIA BUILDING CODE, MECHANICAL CODE, ELECTRICAL CODE, PLUMBING CODE, RESIDENTIAL CODE, GREEN BUILDING STANDARD CODE, AND FIRE CODE PUBLISH DATE: SATURDAY, OCTOBER 22, 2016 TEAR SHEETS WANTED: One (1) niease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 20, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at[1e on (rfate� (pages) LNS Pho.q O.to confirm raMiltt of all pages at . - Umej: _ES . PW .(I LIU$ s) forms\advins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER ADOPTION OF THE 2016 CALIFORNIA BUILDING CODE, MECHANICAL CODE, ELECTRICAL CODE, PLUMBING CODE, RESIDENTIAL CODE, GREEN BUILDING STANDARD CODE, AND FIRE CODE On Thursday, October 20, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider adoption of the 2016 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code (attached and marked as Exhibit A) was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on October 20, 2016, at Lodi, California. .4MOTAU""06 CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTCDD3.doc • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 2, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING IX :ii�fT A NOTICE IS HEREBY GIVEN that on Wednesday, November 2, 2016, 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 the following item: a) Adoption of the 2016 California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: e nifer M. err aiolo V Clerk Dated: October 19, 2016 .roved as to form: 3ar�i Magdich 01Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERK\PUBHEAR\NOTICES\NOTCDD_BuildingCodes.doc 10/13/16 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: SUMMARY OF ORDINANCE NOS. 1932 —1938 PUBLISH DATE: SATURDAY, NOVEMBER 5, 2016 MENNEMEM= TEAR SHEETS WANTED: One 1 (ease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 3, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK UQ=zz PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK SEND PROOF ADi TLiEMENT THAWK YOLY1 Em- ailed to the.Sentinel at dianer@lodinews.com at ume), on LNS Phoned to confirm recAipt' of a11;pa98$ at (ume). N:\Administration\CLERK\OrdSummaries\Advins.doc (pages) CITY OF LODI ORDINANCE NO. 1932 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 1936 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY. The purpose of these ordinances is to update the following codes to be consistent with State law: California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced November 2, 2016. Adoption to be considered December 7, 2016, AYES: Johnson, Kuehne, Mounce, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 2, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. 3s DECLARATION OF ! ORDINANCE NO. 1932 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1932 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk EX H'iB I T A ORDINANCE NO. 1932 9 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 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 11 (Board of Appeals). 15.04.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation). 15.04.032 CEBC Chapter 1, Division II (Board of Appeals) 15.04.034 CEBC 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 Ado ion The provisions set forth in the 2016 California Building Code, Volumes 1 and 2, including Chapter 1, Division II, Appendix I and J, California Existing Building Code including Chapter 1, Division II, 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, Califomia; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Building Code," Volumes 1 and 2, California Existing Building Code and the above designated appendixes thereto. 15. o4. Q2o CBC Cha er 1 Division 11 Board of Appsols 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 Cha ter 1 Division 11(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. Sec. 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. 15.04.440 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. 5.04.032 CE1:3C Code Chapler 1 Division I] (Board of A als 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. 15.04,0 CEBA Chapter 1 Division ll(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 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 90501. 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. 2 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 Inspectigns — Downtown Business bistrict 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." 15-04 080 Violation— Misdemeanor A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure located within the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08. of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.04.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. No Mandatory Duty of Care: This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatary, 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. 3 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, 2017, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1932 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held 1. 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1932 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk El I 3 QECL6MT10N OF POSTING a tir C' �� 1 F tl`•�.t ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified ropy of Ordinance No. 1933 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. V".2 ZU4.-'o Pamela M. Farris Deputy City Clerk ords ummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection,. installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules. and regulations as set forth in said "2016 California Mechanical Code" within the City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. Chapter 15.08 MECHANICAL CODE 15.08.010 Adoption. 15.08.020 Mechanical Permit Fees. 15.08.030 Fee Schedule. 15.08.040 Investigation Fee. 15.08.050 Installation. 15.08.060 CMC Chapter 1, Division II (Board of Appeals). 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2016 California Mechanical Code," together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection,. installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules. and regulations as set forth in said "2016 California Mechanical Code" within the City of Lodi. 15.08.020 Mechanical Permit Fees A fee for each mechanical permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.08.030 Fee Schedule Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.08.040 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 are amended to read as follows: Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. 15.08.050 Installation Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 303.1.2 Location of heating and cooling equipment. Heating, cooling, and swimming pool equipment shall not be located within the required five-foot side yard setback as defined by the City of Lodi Zoning Ordinance for residential zonings. 15.08.060 CMC Chapter 1, Division II (Board of Appeals) Section 107.0 and 107.1 In order to determine the suitability of alternate materials and types of construction and to provide. for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and. findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.08.070 Violation — Misdemeanor A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provision of this Chapter. Maintenance of equipment, which was unlawful at the time it was installed and which would be unlawful under this Code if installed after effective date of this Chapter, shall constitute a continuing violation of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.08.070(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Sections 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 invalld, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end,. the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 2 Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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 effe t January 1, 2017 which date is at least 30 days after passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Cleric of the City, of Lodi, do hereby certify that Ordinance No. 1933 was introduced at a regular meeting of the City Council of the City of Lodi held November2, 2016, 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. 1933 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney DECLL- " TION OF POSTING ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1934 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Z., . 4�� ILd.;,g Pamela M. Farris Deputy City Clerk ords ummari a s\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE", THEREBY REPEALING AND REENACTING 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 Qualifications of Inspectors. 15.16.070 Violation — Misdemeanor. 15.16.010 Adoption The provisions set forth in the "2016 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; and the enforcement of the rules and regulations as set forth in the 2016 California Electrical Code 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 enc -officio member and shall act as secretary of the Board. Three member's 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 Qualifications of Inspectors 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 description. 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 Cu!y 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 -- Severabifty. 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 Se ` ion 6. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect January 1, 2017, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1934 was introduced at a regular meeting of tyle City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2016,.by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — I further certify that Ordinance No. 1934 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE MAGDICH City Attorney DECLARATION QF IFO� ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1935 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doe ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk EEK cs� to ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 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 "2016 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 2016 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 104.5 The schedule of plumbing permit fees required by this Chapter will be those established and adopted by City Council from time to time by resolution. 15.12.050 Investigation Fee — Work Without a Permit Sections 104.5.1 and 104.5.2 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 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 small be in force and take effect January 1, 2017, which date is at least 30 days after passage of this ordinance. 2 Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk. of the City of Lodi, do hereby certKY that Ordinance No. 1935 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November ,. 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — further certify that Ordinance No. 1935 was approved and signed by the Mayor on the date of its passage and the sale has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk 3 MT -ION OF POSTING �FpF ORDINANCE NO. 1936 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1936 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1936 ED ENT AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building Code," is hereby repealed and reenacted in its entirety to read as follows: Chapter 15.06 RESIDENTIAL CODE 15.06.010 Adoption. 15.06.020 CBC Chapter 1, Division II (Board of Appeals). 15.06.030 CBC Chapter 1, Division 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 2013 2016 California Residential Code, including Chapter 1, Division II, Appendix H and J, Sections AJ102., AJ104.1, AJ105, AJ501.7, AJ501.8, AJ601.1 only, Appendix V thereto, are hereby adopted as the. Residential Building Code of the City of Lodi and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Residential Code of the City of Lodi shall apply to all matters pertaining to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Lodi, California; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said "2016 California Residential Code" and the above -designated appendixes thereto. 15.06.020 CBC Chapter 1 Division II (Board of Appeals) Sec. 112.1 - In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full Board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation) 5ectiyn 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 108.5. 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, Whither, CA 90601. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work, including materials and labor for which the permit is issued, as well as all finish work; painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent work or permanent equipment. EXCEPTION: The Building Official shall determine the valuation when no applicable data is available in Building Safety Journal. 15.06.040 Fee Schedule The schedule of building permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution. 15.06.050 Repetitive submittals (Master Plans) A. Fees for the repetitive submittals of Master Plans shall be as follows: 1. Original plan: 100% of building permit fee, plus 10%. 2. Subsequent plans: 25% of building permit fee. 3. City's Residential Code (Chapter 15.06) is subject to review and adoption every three years; as such, Master Plans expire upon the effective date of City's most recent Residential Code. 15.06.060 Violation — Misdemeanor A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure located within the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter. B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly. C. In addition to the penalties set forth in Section 15.06.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2 No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SectionSeverability. . 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 adapted 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. Se ion 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, 2017, which date is at least 34 days after the passage of this ordinance. Approved this day of November, 2016 Attest: JENNIFER M. FERRAIOLO City Clerk MARK CHANDLER, Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1936 was introduced at a regular meeting of the Cita) Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November_---, 2016, Oy the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1936 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk 3 DECLARATION OF POSTI �a ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1937 (attat.hed hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk E'r ' �l� � L�j N -1 ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and reenacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption. The provisions set forth in the 2016 California Green Building Standard Code is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is 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. 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, 2017, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodl, do hereby certify that Ordnance No. 1937 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted,., and. ordered to print ata regular meeting of said Council held November , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1937 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk �}4 POSTINGDECLARATION OF ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY. On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1938 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ords ummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND REENACTING 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 15.20.065 Sky Lanterns 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 California Fire Code (2016 Edition), including Chapters 1, Division II, Chapter 11 in its entirety and Chapter 4. Appendix , A, B, BB, C, CC, D, E, F, G, H, I, , K and N with the exception of Section 103.2 (published by the International Code Council), 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, regulating and governing 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 or 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, regulations, penalties, conditions and terms of the Fire Code of the City of Lodi, are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes as prescribed in this ordinance. 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 (2016 Edition), Title 24, California Code of Regulations, Part 9. b) Whenever the words "California Fire Code" are used in this Chapter, it shall mean the California Fire Code (2016 Edition), Title 24, California Code of Regulations, Part 9, as adopted. C) Whenever the word "municipality" is used in the California Fire Code (2016 Edition), it shall mean the City of Lodi. d) Whenever the words "Chief' or "Fire Code Official" is used in the California Fire Code (2016 Edition), they shall mean the Fire Chief for the City of Lodi or his/her designated representative. 2 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. 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. 15.20.65 Sky Lanterns Section 308 of the California Fire Code is hereby amended to add the following: No person shall release or cause to be released an untethered sky lantern. Sky Lantern. An unmanned device with a fuel source that incorporates an open flame in order to make the device airborne. 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. 3 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. 4 Where a building is set back from the street or road fronting the property and where addresses may not be clearly identiflable. 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, alleyway, 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 5 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 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. roll 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 afire 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. 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 noted 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: 7 (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% or the total square footage of the building exceeds 6,000 square feet. 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: 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 3404.3 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 34 (Tire Rebuilding and Tire Storage) 3409.1 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 56 (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 56 (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 56 (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. I 15.20.250 Storage - Locations where aboveground tanks are prohibited — Class I & II Liquids Section 5704.2.9.6.1 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: 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 pians 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 Fre 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: 10 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. Cade-- 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. In 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: 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. 11 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 contractorfails 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 tes#linspection location and the time spent at the testlinspection 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 Fire Code Official with the other copy to the applicant. 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 1.11.266E is not applicable to the provisions of this chapter, (Community Awareness and Responsibility Education Classes) as it pertains to residential dwellings. 12 15.20.340 Violations - Abatement of Hazard by Fire Code Official Chapter 1, Division 11, 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 Il, Part 2 — Section 111.4 of the California Fire Code is hereby amended to read as follows: Any person who shall continue any work after having: been sewed 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 1,000 feet 13 Hydrants shall be required on both sides of the street whenever one or more of the following conditions exist: 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 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 of 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 "two4n 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. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as such conflict may exist. Section 4. Seyerabifi�[. 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 5. That nothing in this ordinance or in the California 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. 15 Section B. 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, 2017, a Mate which is at least 30 days after passage of this ordinance. Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this day of November, 2016 MARK CHANDLER, Mayor I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do herebycertify that Ordinance No. 1938 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1938 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk NO