HomeMy WebLinkAboutCC ORD 2008-2304 Amends Ch. 15.14, California Mechanical Code (15.14)ORDINANCE NO. 2008 — 2304
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING
THE 2007 CALIFORNIA MECHANICAL CODE,
ADOPTING APPENDIX CHAPTERS 1, A, B, C, AND D
OF SAID CODE, AND THE UNIFORM MECHANICAL CODE
(2006 EDITION) FOR THOSE PROVISIONS NOT INCLUDED IN
THE 2007 CALIFORNIA MECHANICAL CODE, AND AMENDING
CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE
The City Council of the City of National City does ordain as follows:
Section 1. The City Council of the City of National City hereby adopts the 2007
California Mechanical Code, Appendix Chapters 1, A, B, C, and D of said Code, and the
Uniform Mechanical Code (2006 Edition) for those provisions not included in the 2007 Califomia
Mechanical Code.
Section 2. The City Council of the City of National City hereby amends and deletes
certain sections of the 2007 California Mechanical Code, and amends Chapter 15.14 of the
National City Municipal Code to read as follows:
Sections:
15.14.005
15.14.010
15.14.015
15.14.020
15.14.025
15.14.030
15.14.035
15.14.040
15.14.045
15.14.050
15.14.055
15.14.060
15.14.065
15.14.070
15.14.075
CHAPTER 15.14
CALIFORNIA MECHANICAL CODE*
California Mechanical Code (2007 Edition) — Adopted
Chapter 1, Administration — Deleted
Appendix Chapter 1 — Administration — Adopted and amended
Appendix Chapter 1 Section 108.3 — "Right of entry" — Amended
Appendix Chapter 1 Section 110.0 — "Board of Appeals" — Amended
Appendix Chapter 1 Section 111.0 — "Violations" — Amended
Appendix Chapter 1 Section 114.4 — "Expiration" — Amended
Appendix Chapter 1 Section 114.6 — "Permit denial" — Added
Appendix Chapter 1 Section 115.1 — "Fees general" — Amended
Appendix Chapter 1 Section 115.2 —"Permit fees" — Amended
Appendix Chapter 1 Section 115.3 — "Plan review fees — Paragraph 3" —
Amended
Appendix Chapter 1 Section 115.4 — "Expiration of plan review "— Amended
Appendix Chapter 1 Section 116.6 — "Re -inspections" — Amended
Appendix Chapter 1 Table 1-1 — "Mechanical permit fees" — Deleted
Appendix Chapters A, B, C and D — Adopted
Ordinance No. 2008-2304 1 2008 Mechanical Code Ordinance
15.14.005 2007 California Mechanical Code — Adopted. The city council adopts,
and incorporates herein as the city mechanical code, for the purpose of prescribing in the City
Of National City, regulations governing the erection, installation, alteration, repair, relocation,
replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration
systems, incinerators or other miscellaneous heat producing appliances, in or on any building or
structure or outdoors on any premises or property, the 2007 Califomia Mechanical Code,
California Code of Regulations Title 24, Part 4, and the Uniform Mechanical Code, 2006 Edition
for those provisions not included in the 2007 California Mechanical Code, except such portions
as are deleted, added, or amended by this chapter, of which a copy of both have been and are
now filed in the office of the Director of Building and Safety, and the same are adopted and
incorporated as if fully set out at length in this chapter, shall be controlling within the city limits.
15.14.010 Chapter 1, Administration — Deleted. Chapter 1, Administration of the
California Mechanical Code is deleted with the exception of the Califomia Chapter 1-General
Code Provisions Matrix Adoption Table which includes those sections mandated to be enforced
by the Authority Having Jurisdiction.
15.14.015 Appendix Chapter 1, Administration — Adopted as amended.
Appendix Chapter 1, "Administration" is adopted subject to the additions,
amendments, and deletions provided in this Chapter.
15.14.020 Appendix Chapter 1 Section 108.3 "Right of entry" — Amended.
Section 108.3 of the California Mechanical Code is amended to read as follows:
108.3. Right of entry. When necessary to make an inspection to enforce
any provision of this code, or when the Authority Having Jurisdiction has
reasonable cause to believe that there exists in any building or upon any
premises a condition or code violation which makes such building or premises
unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their
representatives may request entry as specified in Chapter 1.12 of the National
City Municipal Code.
15.14.025 Appendix Chapter 1 Section 110.0 "Board of Appeals" — Amended.
Section 110.0 of the California Mechanical Code is amended to read as follows:
110.0 Board of Appeals. The Advisory and Appeals Board is established
by National Municipal Code Chapter 15.04. The Board shall have jurisdiction to
review the items enumerated in Chapter 15.14 of the National City Municipal
Code.
15.14.030 Appendix Chapter 1 Section 111.0 "Violations" — Amended.
Section 111.0 of the California Mechanical Code is amended to read as follows:
111.0 Violations. Violation of any provision of this code shall be
punishable as a misdemeanor and shall carry the penalties as prescribed in
Chapter 1.20 of the National City Municipal Code.
Ordinance No. 2008-2304 2 2008 Mechanical Code Ordinance
15.14.035 Appendix Chapter 1 Section 114.4 "Expiration" — Amended.
Section 114.4 of the California Mechanical Code is amended to read as follows:
114.4 Expiration. Every permit issued by the Authority Having
Jurisdiction under the provisions of this code shall expire by limitation and
become null and void if the building or work authorized by such permit is not
commenced within six calendar months of the date of issuance of the permit, or if
he building or work authorized by such permit is suspended or abandoned at any
time after work has commenced for a period of six months, or if the building or
work authorized by the permit exceeds three calendar years from the issuance
date of the permit.
Work shall be presumed to be suspended or abandoned if the permittee
has not obtained a required inspection approval of the work by the Authority
Having Jurisdiction within each six month period after the initial commencement
of work authorized by such permit.
In the event a permit has expired, a permittee may recommence work
only if a new permit or renewal permit is obtained, as specified below:
1. Permits where work has not commenced. For permits for
which work has not commenced in the first six months from the date of issuance,
a renewal permit may be issued, provided that:
(A) No changes have been made or will be made in the
original plans and specifications for such work;
(B) The expiration has not exceeded three years from
the original issuance date;
(C) The same edition of the adopted codes are in
effect as used in the initial plan check; and,
(D) A fee equal to one half the amount required for a
new permit is paid.
The renewal permit shall expire three calendar years from the initial date
of issuance.
Where later editions of the codes have been adopted than used in the
initial plan check, such applications for renewal shall be considered as a new
plan check submittal. Accordingly, plans shall reflect the requirements of the
current codes in effect, a full new plan check is required, and a full new plan
check fee shall be paid. Upon completion of the new plan check, the permit may
be renewed upon payment of a permit fee equal to one-half the amount for a new
permit.
2. Permits where work has commenced. For permits where work
has commenced and was subsequently suspended or abandoned as defined
herein, a renewal permit may be obtained provided that:
(A) No changes have been made or will be made in the
original plans and specifications for such work;
(B) The expiration has not exceeded three years from the
original issuance date;
(C) A fee equal to one-half the amount required for a new
permit is paid, except that where construction has progressed and has been
approved to the point of requiring only a final inspection, a fee equal to ne-
quarter the amount for a new permit shall be paid;
(D) A renewal permit shall expire three calendar years from the
date of issuance of the original permit.
Ordinance No. 2008-2304 3 2008 Mechanical Code Ordinance
3. Extension of an unexpired permit. For an extension of a permit
which has not yet expired, the permittee may apply for an extension of the time
within which work under that permit may be continued, when for good and
satisfactory reason the permittee is unable to continue work within the time
required by this chapter. The Authority Having Jurisdiction may extend the time
for action by the permittee for a period not exceeding six calendar months
beyond the expiration date in effect at the time of the extension application, upon
written request by the permittee showing that circumstances beyond the control
of the permitee have prevented the action from being taken.
Permits where the permittee has been deployed to a foreign country, may
be held in abeyance until six months after the return of the permittee from his/her
deployment if necessary, upon application for such relief by the permittee.
4. Permits that have exceeded three years. For permits that have
exceeded three years beyond the issuance date, a permit renewal may be
obtained, provided that;
(A) Construction in reliance upon the building permit has commenced
and has been approved;
(B) No changes have been or will be made in the original plans and
specifications for such work;
(C) A fee equal to the full amount required for a new permit is paid,
except that where the Authority Having Jurisdiction determines that construction
has progressed to the point that a lesser fee is warranted, such lesser fee shall
be paid.
A permit renewal in accordance with this sub -section shall not exceed
one calendar year from the date of renewal. A permit may be renewed annually
provided that all requirements of (A),(B) and (C) of this sub -section are met.
15.14.040 Appendix Chapter 1 Section 114.6 "Permit denial" — added.
Section 114.6 of the California Mechanical Code is added to read as follows:
114.6 Permit denial. The Authority Having Jurisdiction may deny the
issuance of a building permit on any property where there exists an unsafe or a
substandard building as provided in Chapter 15.10 and 15.16 of the National City
Municipal Code, or where there exists unlawful construction, or where there
exists a violation of the National City Municipal Code.
15.14.045 Appendix Chapter 1 Section 115.1 "Fees general" — Amended.
Section 115.1 of the California Mechanical Code is amended as follows:
115.1 General. Fees shall be assessed in accordance with the fee
schedule adopted by the City of National City in its current fee schedule.
15.14.050 Appendix Chapter 1 Section 115.2 "Permit fees" — Amended.
Section 115.2 of the California Mechanical Code is amended as follows: The fee for each
permit shall be as set forth in the current City of National City fee schedule.
15.14.055 Appendix Chapter 1 Section 115.3 Paragraph 3 — Amended.
Section 115.3, paragraph 3 of the Califomia Mechanical Code is amended as follows:
When the plans are incomplete or changed so as to require additional
plan review, an additional plan review fee shall be charged at the rate shown in
the current City of National City fee schedule.
Ordinance No. 2008-2304 4 2008 Mechanical Code Ordinance
15.14.060 Appendix Chapter 1 Section 115.4 "Expiration of plan review" —
Amended. Section 115.4 of the California Mechanical Code is amended to read as follows:
115.4. Expiration of Plan Review. An application for a permit shall be
deemed to have been abandoned six months after the date of filing, unless such
application has been pursued in good faith or the permit has been issued; except
that the Authority Having Jurisdiction is authorized to grant a maximum of three
extensions for additional time of three months each, provided there have been no
changes to the plans and no new codes have been adopted since the initial plan
check was conducted. A fee equal to 25% of the initial plan check fee will be
assessed for each plan check extension. The extension shall be requested in
writing and justifiable cause demonstrated.
15.14.065 Appendix Chapter 1 Section 116.6 — "Re -inspections" — Amended.
Section 116.6 of the California Mechanical Code is amended to read as follows:
116.6 Paragraph 3. Re -inspections. To obtain a re -inspection, the
permittee shall file an application therefore in writing upon a form provided for
that purpose and shall pay a re -inspection fee as set forth in the National City
Fee Schedule.
15.14.070 Appendix Chapter 1 Table 1-1 "Mechanical Permit Fees" — Deleted.
Table 1-1, Mechanical Permit Fees is deleted.
15.14.075 Appendix Chapters A, B, C and D — Adopted. Appendix Chapters A, B, C
and D of the California Mechanical Code are adopted.
PASSED and ADOPTED this 19th day of Februa
Ron Morrison,
ATTEST:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance No. 2008-2304 5 2008 Mechanical Code Ordinance
Passed and adopted by the Council of the City of National City, Califomia, on February
19, 2008, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
p
Ie k of the City
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IN a.
oftiona
City C I City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on February 5, 2008, and on February 19, 2008.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not Tess than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2008-2304 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 19, 2008.
By:
City Clerk of the City of National City, California
Deputy