HomeMy WebLinkAboutCC ORD 2010-2351 Adopt 2010 California Mechanical CodeORDINANCE NO. 2010 — 2351
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING
THE 2010 CALIFORNIA MECHANICAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4,
AND ADOPTING APPENDIX CHAPTERS 1, A, B, C AND D
OF SAID CODE; AND THE 2009 UNIFORM MECHANICAL
CODE, AND AMENDING CHAPTER 15.14 OF
THE NATIONAL CITY MUNICIPAL CODE, PERTAINING
TO THE CALIFORNIA MECHANICAL 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 2010
California Mechanical Code, California Code of Regulations, Title 24, Part 4, and Appendix
Chapters, 1, A, B, C and D of said Code; and the 2009 Uniform Mechanical Code.
Section 2 The City Council of the City of National City hereby amends and deletes
certain sections of the 2010 California Mechanical Code, based on local climatic, topographic or
geological conditions that justify deviating from said Code, and amends Chapter 15.14 of the
National City Municipal Code to read as follows:
CHAPTER 15.14
CALIFORNIA MECHANICAL CODE
Sections:
15.14.005 2010 California Mechanical Code —Adopted.
15.14.015 Chapter 1, Division II, Administration —Adopted and amended.
15.14.020 Chapter 1, Division II, Section 108.3 Right of entry —Amended.
15.14.025 Chapter 1, Division II, Section 110.0 Board of Appeals —Amended.
15.14.030 Chapter 1, Division II, Section 114.0 Violations —Amended.
15.14.033 Penalties —Added.
15.14.035 Chapter 1, Division II, Section 114.4—Expiration—Amended.
15.14.040 Chapter 1, Division II, Section 114.6 Permit denial —Added.
15.14.045 Chapter 1, Division II, Section 115.1 Fees general —Amended.
15.14.050 Chapter 1, Division II, Section 115.2 Permitfees—Amended.
15.14.055 Chapter 1, Division II, Section 115.3 Plan review fees, Paragraph 3—
Amended.
15.14.060 Chapter 1, Division II, Section 115.4 Expiration of plan review —Amended.
15.14.065 Chapter 1, Division II, Section 116.6 Reinspection—Amended.
15.14.070 Chapter 1, Division II, Table 1-1 Mechanical permit fees —Deleted.
15.14.075 Appendix Chapter A, B, C and D—Adopted.
15.14.005 2010 California Mechanical Code —Adopted. The city council adopts and
incorporates herein as the National City Mechanical Mode, 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 system, incineration or other miscellaneous heat producing appliance, in or on any
building or structure or outdoors on any premises or property, the 2010 California Mechanical
Code, California code of Regulations Title 24, Part 4, except such portions as are deleted,
added, or amended by this Chapter based on local climatic, topographic or geological conditions
that justify deviating from said Code, of which a copy of both have been and are now on file in
the office of the Building Official and the same are adopted and incorporated as if fully set out at
length in this Chapter, shall be controlling within the city limits.
15.14.015 Chapter 1, Division II, Administration —Adopted and amended. Appendix
Chapter 1, Division II, "Administration" is adopted subject to the additions, amendments and
deletions provided in this Chapter.
15.14.020 Chapter 1, Division II, 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 inspections 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 Chapter 1, Division II, 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 City Council, pursuant to National City
Municipal Code Chapter 15.04, shall have the jurisdiction to review the items as
enumerated in Chapter 15.14 of the National City Municipal Code.
15.14.030 Chapter 1, Division II, Section 111.0 Violations —Amended. Section 111.0
of the California Mechanical Code is amended to read as follows:
111.0 Violations. Violations 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.
15.14.033 Penalties. 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.
15.14.035 Chapter 1, Division II, 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
Ordinance No. 2010 — 2351
2 Mechanical Code
commenced within six calendar months from the date of such permit, or if the
building or work authorized by such permit is suspended or abandoned at any
time after work has commenced for a period of six calendar months, or if the
building or work authorized by such 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
work by the Authority Having Jurisdiction within each six month period upon
commencement of work authorized by such permit.
In the event a permit has expired, a permittee may recommence work
only if either a new permit or renewal permit is obtained, as specified below:
1. Permits where work was not commenced. For permits for
which work was not been commenced in the first six calendar months from the
date of issuance, a renewal permit may be issued only if:
(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 is 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 date of the
initial permit issuance. When 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
required for a new permit.
2. Permit where work was commenced. For permits where
work was commenced and was subsequently stopped as defined herein, a
renewal permit may be obtained only if:
(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 permit issuance date;
(C) A fee equal to one-half the amount required for a
new permit is paid, except that where construction has progressed to the point of
requiring only a final inspection. a fee equal to one -quarter of the amount
required for new permit shall be paid;
(D) A renewal permit shall expire three calendar years
from the date of the initial permit issuance.
The maximum life of a permit renewal in accordance with this sub-
section shall be one calendar year from the date of renewal. The permit may be
renewed each calendar year thereafter provided that all requirements of (A) (B)
and (C) as stated in this sub -section are met.
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
time within which work under that permit may be continued when for good and
satisfactory reasons the permittee is unable to continue work within the time
required by this chapter. The Authority Having Jurisdiction may extend the time
Ordinance No. 2010 — 2351
3 Mechanical Code
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 permittee have prevented action being taken.
Permits issued 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 been commenced and has been approved;
(B) No changes have been made or will be made in the
original plans and specifications for such work; and.
(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 renewed pursuant to this subsection 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) above are met.
5. Permits issued 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.
15.14.040 Chapter 1, Division II 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 Chapter 1, Division II, 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
most recent fee schedule adopted by the National City City Council.
15.14.050 Chapter 1, Division II, Section 115.2 Permit fees —Amended. Section
115.2 of the California Mechanical Code is amended as follows:
115.2 Permit Fees. Fees shall be assessed in accordance with the
most recent fee schedule adopted by the National City City Council.
Ordinance No. 2010 — 2351
4 Mechanical Code
15.14.055 Chapter 1, Division II, Section 115.3 Plan review fees, Paragraph 3—
Amended. Section 115.3, paragraph 3 of the California Mechanical Code is amended as
follows:
When 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.
15.14.060 Chapter 1, Division II, 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 Chapter 1, Division II, Section 116.6 Reinspections—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 pay the re -inspection fee as specified in the most current Fee
Schedule adopted by the National City City Council. In instances where a re -
inspection fee has been assessed, no further inspections shall be performed until
the fees have been paid.
15.14.070 Chapter 1, Division II, 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 23rd day of November, 2010.
ATTEST:
Michael R. Della, City Clerk
udia G.
City Attorn
PROV-D A TO FORM:
PI 444-1I..
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Ordinance No. 2010 — 2351
5
Mechanical Code
Passed and adopted by the Council of the City of National City, California, on
November 23, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
By:
Mayor of the City of National City, California
f
City CI rk of the City of ational 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 November 9, 2010 and on November 23, 2010.
1 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 less 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. 2010-2351 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 23, 2010.
By:
City Clerk of the City of National City, California
Deputy