HomeMy WebLinkAboutCC ORD 2019-2473 Adopting 2019 CA Mechanical CodeORDINANCE NO. 2019 — 2473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE 2019 CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX
CHAPTERS A, B, C, D, E, F AND G, AMENDING CERTAIN SECTIONS OF THAT
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 adopts the 2016 California
Mechanical Code, including Appendix Chapters A, B, C, D, E, F and G, except as amended in
Chapter 15.14 of the National City Municipal Code.
Section 2. The City Council of the City of National City deletes, adds, or modifies
certain provisions of the 2019 California Mechanical Code.
Section 3. The City Council of the City of National City amends Chapter 15.14 of the
National City Municipal Code to read as follows:
CHAPTER 15.14
CALIFORNIA MECHANICAL CODE
Sections:
15.14.005 2019 California Mechanical Code — Adopted.
15.14.015 Chapter 1, Division II, "Administration" — Adopted and amended.
15.14.020 Chapter 1, Division II, Section 103 "Powers and Duties of the Authority
Having Jurisdiction," Subsection 103.4 "Right of entry" — Amended.
15.14.025 Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1
"General" — Amended.
15.14.030 Chapter 1, Division II, Section 106 "Violations and Penalties," Subsection
106.1 "General" — Amended.
15.14.035 Chapter 1, Division II, Section 104 "Permits," Subsection 104.4.3
"Expiration" — Amended.
15.14.040 Chapter 1, Division II, Section 104 "Permits," Subsection 104.4.7 "Permit
denial" — Added.
15.14.045 Chapter 1, Division II, Section 104.5 "Fees" — Amended.
15.14.050 Chapter 1, Division II, Table 104.5 "Mechanical permit fees" — Deleted.
15.14.060 Chapter 1, Division II, Section 104 "Permits," Subsection 104.3.2 "Plan
review fees" — Amended.
15.14.065 Chapter 1, Division II, Section 104.5 "Fees," Subsection 104.5.2
"Investigation Fees" — Amended
15.14.070 Chapter 1, Division II, Section 105 "Inspections and Testing," Subsection
105.2.6 "Reinspections" — Amended.
15.14.075 Appendix Chapters A, B, C, D, E, F and G — Adopted.
15.14.005 2019 California Mechanical Code — Adopted. The City Council adopts and
incorporates herein as the National 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
system, incineration or other miscellaneous heat producing appliance, in or on any building or
structure or outdoors on any premises or property, the 2019 California Mechanical Code,
including Appendix Chapters A, B, C, and D, California Code of Regulations Title 24, Part 4,
except such portions as are deleted, added, or amended by this chapter. The City Council does
specifically and expressly find and declare that the nature and uniqueness of the dry Southern
California climate, and the geographical and topographical conditions in the City of National City,
including the age and concentration of structures, and differences in elevation throughout the City,
do reasonably necessitate and demand specific changes in and variations from the 2019
California Mechanical Code. Copies of all codes are filed in the office of the building official and
are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be
controlling within the city limits.
15.14.015 Chapter 1, Division II, "Administration" — Adopted and amended. Chapter
1, Division II "Administration," of the 2019 California Mechanical Code is adopted subject to the
additions, amendments and deletions provided in this Chapter.
15.14.020 Chapter 1, Division II, Section 103 "Powers and Duties of the Authority
Having Jurisdiction," Subsection 103.4 "Right of entry" — Amended. Section 103.4 of the 2019
California Mechanical Code is amended to read as follows:
103.4 Right of entry. When necessary to make inspections to enforce any
provision of this code, or when the Building Official 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 Building Official, or designee, may request entry as specified in Chapter 1.12
of the National City Municipal Code.
15.14.025 Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1
"General" — Amended. Section 107.1 of the 2019 California Mechanical Code is amended to read
as follows:
107.1 General. In order to hear and decide appeals of orders, decisions, or
determinations made by the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members
who are qualified by experience and training to pass upon matters pertaining to mechanical
Ordinance No. 2019-2473 2 Amending NCMC Chapter 15.14
Adopted: December 3, 2019 2019 Mechanical Code
system design, construction, and maintenance and the public health aspects of mechanical
systems and who are not employees of the City. Board members shall serve at the pleasure of
the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official. The Building Official shall take immediate action in accordance with the decision
of the Board, unless such decision is appealed to the City Council. Decisions of the Board may
be appealed to the City Council by the appellant or by the Building Official within thirty (30) days
of the decision of the Board, by the filing of a written notice of appeal with the Director of
Community Development stating the reasons for the appeal. The appellant and the opposing party
shall be given at least ten (10) days' notice of the time and place of the hearing on the appeal.
15.14.030 Chapter 1, Division II, Section 106 "Violations and Penalties," Subsection
106.1 "Violations" — Amended. Section 106.1 of the 2019 California Mechanical Code is amended
to read as follows:
106.1 General. 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.
15.14.035 Chapter 1, Division II, Section 104 "Permits," Subsection 104.3 "Expiration"
— Amended. Section 104.3 of the 2019 California Mechanical Code is amended to read as follows:
104.4.3 Expiration. Every permit issued by the Building Official 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 twelve
calendar months from the date of such permit, or if the building or work authorized
by such permit is stopped 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 have commenced if the permittee has obtained a required inspection approval
of work authorized by the permit by the Building Official within twelve calendar
months of the date of permit issuance.
Work shall be presumed to be stopped if the permittee has not obtained a
required inspection approval of work by the Building Official within each six month
period upon commencement of work authorized by such permit.
Before such work can be recommenced, a new permit or renewal permit is
obtained, as specified below, shall first be obtained.
1. Permits where work was not commenced. For permits for
which work has not commenced in the first twelve calendar months from the date
of issuance, 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. The same edition of the adopted codes is in effect
as used in the initial plan check;
Ordinance No. 2019-2473 3 Amending NCMC Chapter 15.14
Adopted: December 3, 2019 2019 Mechanical Code
D. A fee equal to one-half the amount required for a
new permit is paid, and
E. The renewal permit shall expire three calendar years
from the date of the initial permit issuance.
Where later editions of the California 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 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 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; and
D. A renewal permit shall expire three calendar years
from the date of the initial permit issuance.
3. Permits that have exceeded three years. For permits that
have exceeded three years beyond the issuance date, a renewed permit 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 Building Official determines that construction
has progressed to the point that a lesser fee is warranted, such lesser fee shall be
paid.
The maximum life of a permit renewal in accordance
with sub -section 15.14.035.3 shall be one calendar year from the date of renewal.
The permit may be renewed each calendar year thereafter provided that all
requirements of Subsection A, B and C as stated in sub -section 15.14.035.3 are
met.
4. Extension of an unexpired permit. For an extension of an
unexpired permit, the permittee may apply for an extension of time within which
work under that permit may be continued when for good and satisfactory reasons,
as determined by the Building Official in his or her sole discretion, the permittee is
unable to continue work within the time required by section 15.14.035. The Building
Official may extend the time for action by the permittee for a period not exceeding
Ordinance No. 2019-2473 4 Amending NCMC Chapter 15.14
Adopted: December 3, 2019 2019 Mechanical Code
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.
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 104 "Permits," Subsection 104.4.7 "Permit
denial" — Added. Section 104.4.7 of the 2019 California Mechanical Code is added to read as
follows:
104.4.7 Permit denial. The Building Official 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 104.5 "Fees" — Amended. Section 104.5 of
the 2019 California Mechanical Code is amended as follows:
104.5 Fees. Fees shall be assessed in accordance with the current City
of National City Fee Schedule.
15.14.050 Chapter 1, Division II, Table 104.5 "Mechanical permit fees" — Deleted.
Table 104.5 of the 2019 California Mechanical Code, "Mechanical Permit Fees," is deleted.
15.14.060 Chapter 1, Division II, Section 104.0 "Permits," Subsection 104.3.2 "Plan
review fees" — Amended. Section 104.3.2, of the 2019 California Mechanical Code is amended
as follows:
Section 104.3.2 Plan review fees. When plans are incomplete or changed
so as to require additional plan review, an additional plan review fee shall be
charged in accordance with the current City of National City Fee Schedule.
15.14.065 Chapter 1, Division II, Section 104.5 "Fees," Subsection 104.5.2
"Investigation Fees "— Amended. Section 104.5.2 of the 2019 California Mechanical Code is
amended to read as follows:
Section 104.5.2 Investigation Fees. Any person who commences any
work on a building, structure, electrical, gas, mechanical or plumbing system
before obtaining the necessary permits shall be subject to an administrative
penalty equal to the inspection fee portion the permit fee that would be required by
this code if a permit were to be issued. The administrative penalty is in addition to
a permit fee.
Ordinance No. 2019-2473 5 Amending NCMC Chapter 15.14
Adopted: December 3, 2019 2019 Mechanical Code
When a plan review is required for issuance of such permit, the plan review
fee portion will not be subject to said penalty. The payment of such administrative
penalty shall not exempt any person from compliance with all other provisions of
this code or from any penalty prescribed by law.
15.14.070 Chapter 1, Division II, Section 105 "Inspections and Testing," Subsection
105.2.6 "Reinspections" — Amended. Subsection 105.2.6 of the 2019 California Mechanical Code
is amended to read as follows:
105.2.6 Re -inspections. To obtain a re -inspection, the permittee shall pay
the re -inspection fee in accordance with the current City of National City Fee
Schedule. In instances where a re -inspection fee has been assessed, no further
inspections shall be performed until the fees have been paid.
15.14.075 Appendix Chapters A, B, C, D, E, F and G — Adopted. Appendix Chapters
A, B, C, D, E, F and G of the 2019 California Mechanical Code are adopted.
PASSED and ADOPTED this 3rd day of December, 2019.
Aejan• a ayor
ATTEST:
Michael R. alla, City Clerk
APPROVED AS 4 FORM:
orris -Jones
orney
Ordinance No. 2019-2473 6 Amending NCMC Chapter 15.14
Adopted: December 3, 2019 2019 Mechanical Code
Passed and adopted by the Council of the City of National City, California, on
December 3, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
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 19, 2019 and on December 3, 2019.
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 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. 2019-2473 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 3, 2019.
By:
City Clerk of the City of National City, California
Deputy