HomeMy WebLinkAboutCC ORD 2023-2508 2022 California Mechanical Code AdoptionRDINANCE NO. 2023- 2508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING
THE 2022 CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A,
B, C, 1, E, F AND GI 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 2022 California
Mechanical Code, including Appendix Chapters A, B. C, D, E, F and G, except as amended in
Chapter 15.14ofthe National City Municipal Code.
Section 2. The City Council of the City of National City deletes, add, or modifies
certain provisions of the 2022 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
15.14.015
15.14.00
15.14.025
15.14.O30
15.14.035
15.14.040
15.14.045
15.14.050
15.14.060
2022 California Mechanical Code -Adopted.
Chapter 1, Division II, "Administration" - Adopted and Amended.
Chapter 1, Division II, Section 103 "Powers and Duties of the Authority
Having Jurisdiction," Subsection 1 03.4 "Right of entry" -Amended.
Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1
"General" -Amended.
Chapter 1, Division II, Section 106 "Violations and Penalties,` Subsection
106.1 'General" - Amended.
Chapter 1, Division I I , Section 104 "Permits," Subsection 104.4.3
"Expiration" -Amended.
Chapter 1, Division II, Section 104 "Permits," subsection 104.4.7 "Permit
denial"- Added.
Chapter 1, Division II, Section 104.5 "Fees" - Amended.
Chapter 1, Division II,Table 104.5"Mechanical permitfees" Deleted.
Chapter 1, Division II, Section 104 "Permits," Subsection 1 4.3. "Plan
reviewfees' Amended.
1 ,14 065 Chapter 1, Division II, Section 104.5 "Fees," Subsection
104.5.2 "Investigation Fees" Amended.
1 .1 .070 Chapter 1, Division II, Section 105 "Inspections and Testing,
Subsection 10 . . "Re -inspections" - Amended.
15 _14.07 Appendix Chapters A, B, C, D, E, Fand G -Adopted.
15.14.005 2022 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 2022 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 2022 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 2022 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 "Peers and Duties of the Authority
Having Jurisdiction," Subsection 103.4 "Right of entry" - Amended. Section 103.4 of the
2022 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 10.1 of the 2022 California Mechanical Code is amended to
read as follows:
10.1 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 traininc to pass upon matters pertaining to
mechanical 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 iv n at least ten (10) days' notice
of the time and place of the hearing on the appeal.
15.14_030 Chapter 14 Division II, Section 1 "violations and Penalties," subsection
.106.1 "Violations" -- Amended Section 106,1 of the 2022 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. {'Expiration"
Amended. Section 104. of the 2022 California Mechanical Code isamended 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 months 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.
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;,
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:
r 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;
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
A renewal permit shall expire three calendar years from the date
of the initial permit issuance.
o 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;
No changes have been made or will be made in the original plans
and specifications for such work; and
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 1 ,14.o 5. are met.
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 ano
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 six
calendar months beyond the expiration date in effect at the time of the
extension application, upon written request Dy the permittee showing
that circumstances beyond the control of the permittee have
prevented action Lei ng 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 IL Section 104 "Permits." subsection 104.4.7 "Permit
denial" Added. Section 104.4.7 of the .01 g„ California Mechanical Code is added to read
as follows:
104A.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. "Fees" -Amended. Section 104.5of
the 2022 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.
1 .14.0 0 Chapter 1. Division II, Table 104.5 "Mechanical permit fees" -Deleted
Table 104.5 of the 2022 California Mechanical Code, "Mechanical Permit Fees," is deleted.
15.14.060 Chapter 1, Division I I . Section 104.0 "Permits," Subsection 104.3.2 ',Plan
review fees" -- Amended. Section 104.3.2, of the 2022 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 l I . Section 104.5 "Fees,„ Subsection 104.5.2
Investigaticra Fees" - Amended. Section 104.5.2 of the 2019 California Mechanical
Code is amended .to read as follows:
Section 1 O4 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.
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
1 05.2.6 "Re -ins ections" - Amended. Subsection 105.2.6 of the 2022 California Mechanical
Code is amended to read as follows:
Section
105.2. Re -inspections, ections. 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
INTRODUCED UCED at Regular Meeting of 7th day of February, 2023.
PASSED and ADOPTED this 21st day of February, 2023.
on Morrison, Mayor
ATTEST:
01-7t*
{
elley Qhdpel, MMC
Interim pity Clerk
APPROVED AS TO FORM:
Barry J. Schlult
City Attorney
Passed and adopted by the Council of the City of National City, California, on February
21, 2023 by the following vote, towit:
Ayes: Morrison, Molina, Bush, Rodriguez, Yamane
Nays: None.
Absent. None.
Abstain: None.
AUTHENTICATED BY:
By:
Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
Interim City Clerk of the
City of National City, California
InterirTS ity Clerk
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 7, 2023 and on February 21, 2023.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full wasdispensed 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. 2023-2508 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 21, 2023,
By:
ifret, I nterim sty Clerk of the
City of National City, California
intert0 City Clerk