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Home My WebLink AboutOrdinances - No. 1970ORDINANCE NO. 1970 AN ORDINANCE OF THE LODI C¡TY COUNCIL ADOPTING THE "2019 CALIFORNIA RESIDENTIAL BUILDING CODE,' THEREBY REPEALING AND RE-ENACTING 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does ordain as follows Section 1.Lodi Municipal Code Chapter 15.06, "California Residential Building Code," is hereby repealed and re-enacted in its entirety to read as follows Chapter 15.06 RESIDENTIAL CODE 15.06.010 15.06.020 15.06.030 15.06.040 15.06.050 15.06.060 Adoption. CBC Chapter 1, Division ll (Board of Appeals). CBC Chapter 1, Division ll (Building Permit Fees and Valuation) Fee Schedule. Repetitive Submittals (Master Plans). Violation - Misdemeanor. 15.06.010 Adoption The provisions set forth in the "2019 California Residential Code," including Chapter 1, Division ll, Appendix H and J, Sections Ê.J102,4J104.1,4J105,4J501.7, 4J501.8,4J601.1 only, Appendix V thereto, are hereby adopted as the Residential Building Code of the City of Lodi and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Residential Code of the City of Lodi shall apply to all matters pertaining to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Lodi, California; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said '2019 California Residential Code" and the above-designated appendixes thereto. 15.06.020 CBC Chapter 1 Division ll (Board of Appeals) Sec.112.1 - ln orderto determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex-officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full Board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant. 15.06.030 CBC Chapter 1, Division ll (Building Permit Fees and Valuation) Section 108.1. Building Permit Fees. A fee for each building permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 1 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 lnternational Code Council, 5360 South Workman Mill Road, Whittier, CA 90601. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work, including materials and labor for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent work or permanent equipment. EXCEPTION: The Building Official shall determine the valuation when no applicable data is available in Building Safety Journal. Section 108.6 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 Building Official that shall be in addition to the required permit fee 15.06.040 Fee Schedule The schedule of building permit fees required by this Chapter will be those established and adopted by the City Councilfrom time to time by resolution. 15.06.050 Repetitivesubmittals(MasterPlans) A. Fees for the repetitive submittals of Master Plans shall be as follows: 1. Original plan: 100% of building permit fee, plus 10%. 2. Subsequent plans: 25o/o of building permit fee. 15.06.060 A. 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. Violation - Misdemeanor c. 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. 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. ln addition to the penalties set forth in Section 15^06.060(8) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the B 2 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. Severabilitv. lf any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days priorto and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(cX1). Approved this 20th day of November,2}lg Attest MARK CHANDLER, Mayor oLo State of California County of San Joaquin, ss. l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that OrdinanceNo. l9T0wasintroducedataregularmeetingof theCityCouncil of theCity of Lodi held November 6, 2019, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November 20, 2019 by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Mounce ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1970 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. NI R to Form: "-*- NIFER Clerk F J DICH Clerk