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HomeMy WebLinkAboutAgenda Report - December 7, 2022 I-03CITY OF DO �.1a i CALIFORNIA AGENDA ITEM :cm 43 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Ordinance No. 2007 Entitled, "An Ordinance of the Lodi City Council Adopting the `2022 California Mechanical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety" MEETING DATE: December 7, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2007. BACKGROUND INFORMATION: Ordinance No. 2007 entitled, "An Ordinance of the Lodi City Council Adopting the `2022 California Mechanical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety," was introduced at the regular City Council meeting of November 16, 2022. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Olivia Nashed Olivia Nashed City Clerk Attachment Signature: 0&i 4•,m Nopl-d INoVB a n;i 212]4 PSTJ Email: onashed@lodi.gov APPROVED: - ; 7. Stephen Schwabauer, City Manager ORDINANCE NO. 2007 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY ------------------------------------------------------------------- NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and re-enacted in its entirety to read as follows: Chapter 15.08 MECHANICAL CODE 15.08.010 Adoption. 15.08.020 Mechanical Permit Fees. 15.08.030 Fee Schedule.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 2022 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 " 2022 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 add the following 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. 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. 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 prior to 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(c)(1). Approved this 7th day of December, 2022 MARK CHANDLER Mayor Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2007 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 7, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES. COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 2007 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: "NJCE).. MAGDICH City AItorney Olivia Nashed City Clerk 3 DECLARATION OF POSTING ORDINANCE NO. 2007 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY On Monday, December 12, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2007 (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 December 12, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ord s u mm aries\aaDecPos t. doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 2007 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY ----------------------------------------------------------- ----------------------------------------------------------- NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and re-enacted in its entirety to read as follows: 15.08.010 Adoption The provisions set forth in the 2022 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 " 2022 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 2022 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 " 2022 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 add the following 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. 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. 0) 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 prior to 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(c)(1). Approved this 7t" day of December, 2022 MARK CHANDLER Mayor Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2007 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 7, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 2007 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 Olivia Nashed City Clerk 3 OF SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 2005 - 2013 SATURDAY, DECEMBER 10, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, DECEMBER 8, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEL CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFADVERTISEMENT. THAM[ FOUR I Emailed to the Sentinel at legals@lodinews.com at (time) on (date) \\cvcfilv0l\administration$Wdministrati6n\CLERK\Agenda\City Council\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 2005 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 2006 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA EXISTING BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.02 IN ITS ENTIRETY. ORDINANCE NO. 2007 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 2008 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 2009 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 2010 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 2011 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 2012 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 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, California Existing Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code, Introduced November 16, 2022. Adopted December 7, 2022 and effective January 6, 2023. AYES: Hothi, Khan, Kuehne, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 2013 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.36, "STANDARDS FOR SPECIFIC LAND USES," BY ADDING SECTION 17.36.160, "TWO UNIT URBAN RESIDENTIAL DEVELOPMENT," AND ARTICLE 5, "SUBDIVISIONS," BY ADDING CHAPTER 17.55, "URBAN LOT SPLIT," AND REPEAL AND REENACT ARTICLE 7, "DEFINITIONS," TO ADD DEFINITIONS OF "ACTING IN CONCERT WITH," "CAR SHARE," "TENANT," AND "TWO UNIT URBAN RESIDENTIAL DEVELOPMENT". The purpose of this ordinance is to incorporate the required State law and address local concerns in relation to Senate Bill 9. Introduced November 16, 2022. Adopted December 7, 2022 and effective January 6, 2023, AYES: Hothi, Khan, Nakanishi, and Mayor Chandler; NOES: Kuehne; ABSENT: None. Olivia Nashed, City Clerk City of Lodi December 7, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 2007 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY On Thursday, November 17, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2007 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. declare under penalty of perjury that the foregoing is true and correct. Executed on November 17, 2022, at Lodi, California, I I`�lzlll� Pamela M. Farris Assistant City Clerk ordsummaries\aaDecPost.doe ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 2007 ' AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and re-enacted in its entirety to read as follows: 15.08.010 Adoption The provisions set forth in the 2022 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 " 2022 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 2022 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 " 2022 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 add the following 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(8) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code. Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside if the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid 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 prior to 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(c)(1). Approved this _ day of , 2022 MARK CHANDLER Mayor Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2007 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held 2022 by the following vote. AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — I further certify that Ordinance No. 2007 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Olivia Nashed City Clerk Approved as to Form JANICE D. MAGDICH City Attorney SUBJECT: Please immediately confirm receipt of this, f ax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 2005 - 2013 PUBLISH DATE: SATURDAY, NOVEBER 19, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 17, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at I O (time) on ! III (date) \\cvcfilv0l\administration$\Administration\CLERK\Agenda\City Council\OrdSummaries\Advins. doe CITY OF LODI ORDINANCE NO. 2005 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 2006 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA EXISTING BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.02 IN ITS ENTIRETY. ORDINANCE NO. 2007 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 2008 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 2009 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 2010 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 2011 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 2012 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 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, California Existing Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced November 16, 2022. Adoption to be considered December 7, 2022, AYES: Hothi, Khan, Kuehne, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 2013 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.36, "STANDARDS FOR SPECIFIC LAND USES," BY ADDING SECTION 17.36.160, "TWO UNIT URBAN RESIDENTIAL DEVELOPMENT," AND ARTICLE 5, "SUBDIVISIONS," BY ADDING CHAPTER 17.55, "URBAN LOT SPLIT," AND REPEAL AND REENACT ARTICLE 7, "DEFINITIONS," TO ADD DEFINITIONS OF "ACTING IN CONCERT WITH," "CAR SHARE," "TENANT," AND "TWO UNIT URBAN RESIDENTIAL DEVELOPMENT". The purpose of this ordinance is to incorporate the required State law and address local concerns in relation to Senate Bill 9. Introduced November 16, 2022. Adoption to be considered December 7 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Olivia Nashed, City Clerk City of Lodi November 16, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.