HomeMy WebLinkAboutAgenda Report - November 20, 2002 J-03CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1721 Entitled, "An Ordinance Adopting The `2001 California
Mechanical Code,' Which Code Provides Regulations Controlling The Design,
Construction, Installation, Quality Of Materials, Location, Operation, And
Maintenance Of Heating, Ventilating, Comfort Cooling, Refrigeration Systems,
Incinerators And Other Heat Producing Appliances In The City Of Lodi, Providing
For The Issuance Of Permits And Collection Of Fees Therefore; Providing Penalties
For The Violations Thereof; A nd R epealing A nd R e -Enacting S ections 15.08.010,
15.08.020, 15.08.030, 15.08.040, And 15.08.050 Inclusive Of The Code Of The City
Of Lodi, And All Other Ordinances And Parts Of The Ordinances In Conflict
Therewith"
MEETING DATE: November 20, 2002
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City Council to
adopt the attached Ordinance No. 1721.
BACKGROUND INFORMATION: Ordinance No. 1721 entitled, "An Ordinance Adopting The `2001
California Mechanical Code,' Which Code Provides Regulations
Controlling The Design, Construction, Installation, Quality Of Materials,
Location, Operation, And Maintenance Of Heating, Ventilating,
Comfort Cooling, Refrigeration Systems, Incinerators And Other Heat Producing Appliances In The City Of
Lodi, Providing For The Issuance Of Permits And Collection Of Fees Therefore; Providing Penalties For
The Violations Thereof; And Repealing And Re -Enacting Sections 15.08.010, 15.08.020, 15.08.030,
15.08.040, And 15.08.050 Inclusive Of The Code Of The City Of Lodi, And All Other Ordinances And Parts
Of The Ordinances In Conflict Therewith" was introduced at the regular City Council meeting of November
6, 2002.
Pursuant to State statute, an ordinance may be adopted five days after its introduction following reading
by title.
This ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
Attachment
Susan J. Blacksion
City Clerk
APPROVED: r=�, C!��L —
Dixon FY -n -n -- City Manager
ORDINANCE NO. 1721
AN ORDINANCE ADOPTING THE "2001 CALIFORNIA MECHANICAL CODE,"
WHICH CODE PROVIDES REGULATIONS CONTROLLING THE DESIGN,
CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION,
OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COMFORT
COOLING, REFRIGERATION SYSTEMS, INCINERATORS AND OTHER HEAT
PRODUCING APPLIANCES IN THE CITY OF LODI, PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE;
PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF; AND
REPEALING AND RE-ENACTING SECTIONS 15.08.010, 15.08.020,
15.08.030, 15.08.040, AND 15.08.050 INCLUSIVE OF THE CODE OF THE
CITY OF LODI, AND ALL OTHER ORDINANCES AND PARTS OF THE
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the City Council of the City of Lodi did on the 16th day of October, 2002,
schedule a public hearing on the above -entitled ordinance for November 6, 2002, at the hour of
7:00 p.m. of said day in the Carnegie Forum, 305 West Pine Street, Lodi, California, in
accordance with the provisions of Section 60022.1 et seq. of the Government Code; and
WHEREAS, notice of the hearing was published twice in a newspaper of general
circulation in accordance with the provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council.
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.08.010, 15.08.020, 15.08.030, 15.08.040, and 15.08.050 inclusive of
the Codes of the City of Lodi are hereby repealed and the same are superseded and replaced
by new Sections 15.08.010, 15.08.020, 15.08.030, and 15.08.040 inclusive to read as
hereinafter set forth.
Section 2. There is hereby adopted a new section 15.08.010 of the Code of the City of Lodi
to read in full as follows:
Sec. 15.08.010 Adoption
The provisions set forth in the "2001 California Mechanical Code," together with appendix
thereto, are hereby adopted as the Mechanical Code of the City of Lodi. The Mechanical Code
of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration, repair,
relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort
cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances; to
the issuance of permits and the collection of fees therefore; and the enforcement of the rules
and regulations as set forth in said "2001 California Mechanical Code," together with the
appendixes thereto, within the City of Lodi.
Section 3. There is hereby adopted a new Section 15.08.020 of the Code of the City of Lodi
to read as follows:
Section 15.08.020
Mechanical Permit Fees. A fee for each mechanical permit required by this Code shall
be paid to the City of Lodi as set forth in Table No. 1-A as modified herein. Fees shall
be paid prior to permit issuance.
TABLE 1 —A
1. For the issuance of each permit $20.00
2. For the installation or relocation of each forced -air
or gravity -type furnace or burner, including ducts
and vents attached to such appliance, up to and
including 100,000 BTU's $10.00
3. For the installation or relocation of each forced -air
or gravity -type furnace or burner, including ducts
and vents attached to such appliance, over 100,000
BTU's to and including 500,000 BTU's $13.00
4. For the installation or relocation of each forced -air
or gravity -type furnace or burner, including ducts
and vents attached to such appliance, over 500,000
BTU's $16.00
5. For the installation or relocation of each floor furnace,
including vent $10.00
6. For the installation of relocation of each suspended
heater, recessed wall heater or floor mounted unit
heater. $10.00
7. For the installation, relocation or replacement of
each appliance vent installed and not included in
an appliance permit. $ 5.00
8. For the repair of, alteration of, or addition to each
heating appliance, refrigeration unit, cooling unit,
absorption unit, or each heating, cooling, absorption,
or evaporative cooling system, including installation
of controls regulated by this code $10.00
9. For the installation or relocation of each boiler or
compressor to and including three horsepower, or
each absorption system to and including 100,000 BTU's $10.00
10. For the installation or relocation of each boiler or
compressor over three horsepower to and including
15 horsepower, or each absorption system over 100,000
BTU's to and including 500,000 BTU's $18.00
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11. For the installation or relocation of each boiler or
compressor over 15 horsepower to and including 30
horsepower, or each absorption system over 500,000
BTU's and including 1,000,000 BTU's $25.00
12. For the installation or relocation of each boiler or
compressor over 30 horsepower to and including 50
horsepower, or each absorption system over 1,000,000
BTU's to and including 1,750,000 BTU's $36.00
13. For the installation of or relocation of each boiler or
refrigeration compressor over 50 horsepower, or
each absorption system over 1,750,000 BTU's $61.00
14. For each air handling unit to and including 10,000
cubic feet per minute, including ducts attached thereto $ 7.00
NOTE: This fee shall not apply to an air -handling unit
which is a portion of a factory assembled appliance,
cooling unit, evaporative cooler or absorption unit for
which a permit is required elsewhere in this Code.
15. For each air handling unit over 10,000 cubic feet
per minute $12.00
16. For each evaporative cooler other that portable type $ 7.00
17. For each ventilation fan connected to a single duct $ 5.00
18. For each ventilation system which is not a portion
of any heating or air conditioning system
authorized by a permit $ 7.00
19. For the installation of each hood which is served by
mechanical exhaust, including the ducts for hood $ 7.00
20. For each appliance or piece of equipment regulated
by this Code but not classed in other appliance
categories, or for which no other fee is listed in
this Code $ 7.00
21. For single or multi -family building, the following
flat rate shall apply $ .035 per SF
22. Appliance inspection (PG&E) $20.00
OTHER INSPECTION FEES AND REFUNDS
1. Inspections outside of normal business hours
(Minimum charge — 3 hours) $45.00
2. Reinspection fee assessed under provision of
Section 305.(f) $35.00
3. Inspections for which no fee is specifically
indicated (Minimum charge — one-half hour) $34.00
4. Additional plan review required by changes,
additions or revisions to approved plans
(Minimum charge — one-half hour) $34.00
5. Refunds on all permits shall be subject to a
$35.00 administrative processing fee.
Section 4. There is hereby adopted a new Section 15.08.030 of the Code of the City of Lodi
to read as follows:
Section 15.08.030
Section 304. Installation. The Uniform Mechanical Code adopted in Section 15.08.010,
is amended to read as follows:
Section 304.5.1. 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.
Section 5. There is hereby adopted a new Section 15.08.040 of the Code of the City of Lodi
to read in full as follows:
Sec. 15.08.040 Violation — Misdemeanor
A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to,
replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration
equipment in the jurisdiction, or cause the same to be done, contrary to or in
violation of any of the provision of this Code. 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 Code, shall constitute a continuing
Violation of this Code.
B. Any person, firm, or corporation violating any provision of this Code shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punishable by a fine and/or imprisonment set forth by the governing laws of
the jurisdiction. Each a separate day or any portion thereof, during which any
violation of this Code occurs or continues, shall be deemed to constitute a separate
offense.
Section 6 — 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 -7 — 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 8: All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
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Section 9: 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 thirty days from and after its passage and approval.
Approved this 20'' day of November, 2002
MayorPHILLIP � •
Attest:
SUSAN J.BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1721
was introduced at a regular meeting of the City Council of the City of Lodi held November 6,
2002, and was thereafter passed, adopted and ordered to print at a regular meeting of said
Council held November 20, 2002 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor
Pennino
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1721 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:
�� Q A��
RANDALL A. HAYS
City Attorney
SUSAN J. BLACKST
City Clerk
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