HomeMy WebLinkAboutOrdinanceORDINANCE NO. 2013 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX
CHAPTERS A, B, C, AND D, 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 2013 California
Mechanical Code, including Appendix Chapters A, B, C, and D.
Section 2. The City Council of the City of National City deletes, adds, or modifies
certain provisions of the 2013 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 2013 California Mechanical Code — Adopted.
15.14.015 Chapter 1, Division II, Administration — Adopted and amended.
15.14.020 Chapter 1, Division II, Section 106 "Powers and Duties of the Authority
Having Jurisdiction", Subsection 106.3 "Right of entry" — Amended.
15.14.025 Chapter 1, Division II, Section 108 "Board of Appeals", Subsection 108.1
"General" — Amended.
15.14.030 Chapter 1, Division II, Section 110 "Penalties", Subsection 110.1
"General" — Amended.
15.14.035 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.4
"Expiration" — Amended.
15.14.040 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.6
"Permit denial" — Added.
15.14.045 Chapter 1, Division II, Section 114 "Fees", Subsection 114.1 "General" —
Amended.
15.14.050 Chapter 1, Division II, Table 114.1 "Mechanical permit fees" — Deleted.
15.14.055 Chapter 1, Division II, Section 114 "Fees", Subsection 114.2 "Permit fees"
— Amended.
15.14.060 Chapter 1, Division II, Section 114 "Fees", Subsection 114.3 "Plan review
fees" — Amended.
15.14.065 Chapter 1, Division II, Section 114 "Fees", Subsection 114.5 "Investigation
fees — work without a permit" — Amended
15.14.070 Chapter 1, Division II, Section 115 "Inspections, Subsection 115.6
"Reinspections" — Amended.
15.14.075 Appendix Chapters A, B, C and D — Adopted.
15.14.080 Chapter 1, Division II, Section 516 "Recirculating Systems" — Deleted.
15.14.005 2013 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 2013 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. 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" is adopted subject to the additions, amendments and deletions
provided in this Chapter.
15.14.020 Chapter 1, Division II, Section 106 "Powers and Duties of the Authority
Having Jurisdiction", Subsection 106.3 "Right of entry" — Amended. Section 106.3 of the 2013
California Mechanical Code is amended to read as follows:
106.3 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 , 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 108 "Board of Appeals", Subsection 108.1
"General" — Amended. Section 108.1 of the 2013 California Mechanical Code is amended to
read as follows:
108.1 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.
Ordinance No. 2013 — 2 Amending NCMC Chapter 15.14
Adopted: , 2013 2013 Mechanical Code
15.14.030 Chapter 1, Division II, Section 110 "Penalties", Subsection
110.1 "General" — Amended. Section 110.1 of the 2013 California Mechanical Code is amended
to read as follows:
110.1 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.
15.14.035 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.4
"Expiration" — Amended. Section 113.4 of the 2013 California Mechanical Code is amended to
read as follows:
113.4 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 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 Authority Having Jurisdiction within six
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 Authority Having Jurisdiction 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 six 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,
Ordinance No. 2013 — 3 Amending NCMC Chapter 15.14
Adopted: , 2013 2013 Mechanical Code
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 Authority Having Jurisdiction 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 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 Authority Having Jurisdiction in his or her sole discretion, the
permittee is unable to continue work within the time required by section 15.14.035.
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 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.
Ordinance No. 2013 — 4 Amending NCMC Chapter 15.14
Adopted: , 2013 2013 Mechanical Code
15.14.040 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.6
"Permit denial" — Added. Section 113.6 of the 2013 California Mechanical Code is added to
read as follows:
113.6 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 114 "Fees", Subsection 114.1 "General" —
Amended. Section 114.1 of the 2013 California Mechanical Code is amended as follows:
114.1 General. Fees shall be assessed in accordance with the current
City of National City Fee Schedule.
15.14.050 Chapter 1, Division II, Table 114.1 "Mechanical permit fees" — Deleted.
Table 114.1 of the 2013 California Mechanical Code, entitled "Mechanical Permit Fees", is
deleted.
15.14.055 Chapter 1, Division II, Section 114 "Fees", Subsection 114.2 "Permit fees"
— Amended. Section 114.2 of the 2013 California Mechanical Code is amended as follows:
114.2 Permit Fees. Permit fees shall be assessed in accordance with the
current City of National City Fee Schedule.
15.14.060 Chapter 1, Division II, Section 114 "Fees", Subsection 114.3 "Plan review
fees" — Amended. Section 114.3, of the 2013 California Mechanical Code is amended as
follows:
Section 114.3 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 114 "Fees", Subsection 114.5
"Investigation fees — work without a permit" — Amended. Section 114.5 of the 2013 California
Mechanical Code is amended to read as follows:
Section 114.5 Investigation fees — work without a permit. 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. 2013 — 5 Amending NCMC Chapter 15.14
Adopted: , 2013 2013 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 115 "Inspections", Subsection 115.6
"Reinspections" - Amended. Subsection 115.6 of the 2013 California Mechanical Code is
amended to read as follows:
115.6 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 and D - Adopted. Appendix Chapters A, B, C
and D of the 2013 California Mechanical Code are adopted.
15.14.080 Chapter 1, Division II, Section 516 "Recirculating Systems" - Deleted.
Section 516 of the 2013 California Mechanical Code is deleted.
PASSED and ADOPTED this day of , 2013.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ordinance No. 2013 - 6 Amending NCMC Chapter 15.14
Adopted: , 2013 2013 Mechanical Code