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HomeMy WebLinkAboutORD 2025-2555 - Chapter 15.14 Amendment - 2025 Mechanical Code AdoptionORDINANCE NO. 2025 - 2555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE 2025 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. WHEREAS, the ordinance updates the locally adopted building and construction codes (last updated in 2023) to incorporate the 2025 California Building Code; 2025 California Residential Code; 2025 California Existing Building Code; 2025 California Electrical Code and 2023 National Eclectic Code; 2025 California Mechanical Code; 2025 California Plumbing Code; 2025 California Energy Code; 2025 California Green Building Code; and all appendices related to these codes with minor modifications to reflect local conditions; and WHEREAS, California Health and Safety Code Section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, California Health and Safety Code section 17958.5 permits local jurisdictions to make changes or modifications to the California Building Standards Code as are reasonably necessary due to local climatic, geological or topographical conditions; and WHEREAS, the City Council finds that the minor modifications and changes to the California Building Standards Code are reasonably necessary to ensure consistent application of the codes throughout the State; and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on November 4, 2025, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of National City hereby adopts the 2025 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. That the City Council of the City of National City hereby deletes, add, or modifies certain provisions of the 2025 California Mechanical Code. Section 3. That the City Council of the City of National City hereby amends Chapter 15.14 of the National City Municipal Code to read as follows: CHAPTER 15.14 CALIFORNIA MECHANICAL CODE Sections: 15.14.005 2025 California Mechanical Code - Adopted. 15.14.015 Chapter 1, Division II, "Administration" — Adopted and Amended. 15.14.020 Chapter 1, Division 11, 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 11, Section 104 "Permits," Subsection 104.4.3 "Expiration" — Amended. 15.14.040 Chapter 1, Division I[, Section 104 "Permits," Subsection 104.4.7 "Permit denial" — Added. 15.14.045 Chapter 1, Division 11, Section 104.5 "Fees" — Amended. 15.14.050 Chapter 1, Division 11, Table 104.5 "Mechanical permit fees" — Deleted. 15.14.060 Chapter 1, Division 11, Section 104 "Permits," Subsection 104.3.2 "Plan review fees" — Amended. 15.14.065 Chapter 1, Division 11, Section 104.5 "Fees," Subsection 104.5.2 "Investigation Fees" —Amended. 15.14.070 Chapter 1, Division 11, Section 105 "Inspections and Testing," Subsection 105.2.6 "Re -inspections" — Amended. 15.14.075 Appendix Chapters A, B, C, D, E, F and G-Adopted. 15.14.005 2025 California Mechanical Code - Adopted. The City Council adopts and incorporates herein 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 2025 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 specific changes in variation for local amendments to the administrative provisions of the 2025 California Mechanical Code. Copies of all codes are filed in the office of the Building Official and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.14.015 Chapter 1, Division 11, "Administration" - Adopted and Amended. Chapter 1, Division 11 "Administration," of the 2025 California Mechanical Code is adopted subject to the additions, amendments and deletions provided in this Chapter. 15.14.020 Chapter 1. Division 11, Section 103 "Powers and Duties of the Authority Having Jurisdiction," Subsection 103.4 "Right of entry" — Amended. Section 103.4 of the 2025 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 his or her designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Chapter 1, Division 11, Section 107 "Board of Appeals," Subsection 107.1 "General" - Amended. Section 107.1 of the 2025 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 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 11, Section 106 "Violations and Penalties," Subsection 106.1 "Violations" - Amended Section 106.1 of the 2025 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 11. Section 104"Permits." Subsection 104.4.3 "Expiration"— Amended. Section 104.3.3 of the 2025 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 issuance, 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. In order for work to be recommenced, a Permit Extension Request must be submitted in writing and approved by the Building Official. Eligibility for a permit extension is specified below. For permits for which work has not commenced in the first twelve calendar months from the date of permit issuance, a permit extension 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. E. The permit, even if extended, shall still expire three calendar years from thedate of the initial permit issuance. 2. For permits where work was commenced and was subsequently stopped as defined herein, a permit extension 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. 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, 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 by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. 4. 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 2025 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 11, Section 104.5 "Fees" -Amended. Section 104.5of the 2025 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 11, Table 104.5 "Mechanical permit fees" - Deleted. Table 104.5 of the 2025 California Mechanical Code, "Mechanical Permit Fees," is deleted. 15.14.060 Chapter 1, Division 11. Section 104.0 "Permits," Subsection 104.3.2 "Plan review fees" - Amended. Section 104.3.2, of the 2025 California Mechanical Code is amended as follows: Section 104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted in accordance with Section 104.3.1, a plan review fee shall be paid at the time of submitting construction documents for review. The plan review fees for mechanical system work shall be assessed in accordance with the current City of National City Fee Schedule. The plan review fees specified in this subsection are separate fees from the permit fees. Where 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 11. Section 104.5 "Fees," Subsection 104.5.2 "Investigation Fees" —Amended. Section 104.5.2 of the 2025 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, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion of the permit fee that would be required by this code whether or not a permit is then subsequently issued. 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. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. 15.14.070 Chapter 1, Division II, Section 105.0 "Inspections and Testing," Subsection 105.2.6 "Reinspections" — Amended. Subsection 105.2.6 of the 2025 California Mechanical Code is amended to read as follows: Section 105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed at the discretion of the Building Official, or his or her designee, for each inspection or reinspection where such portion of work for which inspection is called is not complete or where required corrections have not been made. Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. 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 2025 California Mechanical Code are adopted. Section 4. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. INTRODUCED this 4th day of November, 2025. PASSED and ADOPTED this 18th day of Nov er, 2025. . (9L��- Ron Morrison, Mayor ATTEST: n elley pel, MMC, City Clerk APPROVED AS TO FORM: aa'� I cf6zu� Barry J. Tcvz, City Attorney Passed and adopted by the Council of the City of National City, California, on November 18, 2025 by the following vote, to -wit: Ayes: Molina, Rodriguez, Yamane, Bush, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: Ron Morrison Mayor of the City of National City, California Shelley Chapel City Clerk of the + City of National City, California By Urx_��* City e 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 4, 2025 and on November 18, 2025. 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. 2025-2555 of the City Council of the City of National City, passed and adopted by the Council of said City on November 18, 2025. Shelley Chapel City Clerk of the City of National City, California By Ci Jerk