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HomeMy WebLinkAbout649ORDINANCE NO. 649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING TITLE 15 OF IRWINDALE MUNICIPAL CODE BY ADDING CHAPTER 15.06 - RESIDENTIAL CODE, AND CHAPTER 15.10 — GREEN BUILDING STANDARDS CODE, AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE (2011 EDITION) WITH IRWINDALE AMENDMENTS, LOS ANGELES COUNTY ELECTRICAL CODE (2011 EDITION), LOS ANGELES COUNTY PLUMBING CODE (2011 EDITION), LOS ANGELES COUNTY MECHANICAL CODE (2011 EDITION), LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE (2011 EDITION), LOS ANGELES COUNTY RESIDENTIAL CODE (2011 EDITION) AND ADOPTING LOCAL AMENDMENTS THERETO REPEALING ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ. RECITALS A. Government Code section 50022.2 et seq. authorizes the adoption by reference of California codes and codes that adopt the California codes, including the Codes of the County of Los Angeles, which adopts the California Building, Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes, as amended. B. Section 17958.5 of the Health and Safety Code expressly authorizes cities to make changes in the California Building, Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes, as reasonably necessary due to local conditions. C. The Los Angeles County Building, Residential, Green Building Standards, Electrical, Plumbing and Mechanical Codes incorporate appropriate findings related to local climatic, geological, or topographical conditions of Los Angeles County, as specified under the provisions of the California Health & Safety Code. D. On December 8, 2010, the City Council considered Ordinance 649 and accepting staffs recommendation to amend Appendix "J" of the County grading section to include Backfilling Standards of Open-Pit Mines and the requirement of a grading permit for the backfilling of open-pit mines using either inert debris fill or soil fill. E. On January 12, 2011, the City Council of the City of Irwindale, pursuant to a notice duly issued under Government Code section 50022.3, conducted a public hearing to consider this ordinance adopting the 2011 Edition of the Los Angeles Building, Residential, Green Building Standards, Plumbing, Ordinance No. 649 Page 1 Electrical and Mechanical Codes with the City's amendment of Appendix "J" of the County Building Codes. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: BUILDING CODE SECTION 1: Chapter 15.04.10 of the Irwindale Municipal Code is hereby amended to read as follows: Section 15.04.010. Adoption of code. A. There is hereby adopted, as the city building code, except as provided in this chapter, that certain building code known and designated as the Los Angeles County Building Code, 2011 Edition (Title 26 of the Los Angeles County Code), which incorporates and amends the 2010 California Building Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor. B. Los Angeles County Ordinance No. 2010-0053, as adopted by county of Los Angeles, is adopted in its entirety, with City's Amendments to Appendix "J". SECTION 2: Chapter 15.04.035 of the Irwindale Municipal Code is hereby deleted in its entirety. SECTION 3: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2010-0053, has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2010-0053. The City Council further finds that the County's grading section Appendix "J" as revised to include the requirement of a grading permit for the backfilling of open-pit mines using either inert debris fill or soil fill, is necessary to address and remediate existing geological conditions as a result of mining activities in the City of Irwindale. RESIDENTIAL CODE Chapter 15.06 — Residential Code of the Irwindale Municipal Code is hereby added and adopted and will include the following sections: SECTION 4: Chapter 15.06.010 of the Irwindale Municipal Code is hereby adopted to read as follows: Ordinance No. 649 Page 2 Section 15.06.010. Adoption of code. A. There is hereby adopted, as the city residential code, except as provided in this chapter, that certain residential code known and designated as the Los Angeles County Residential Code, 2011 Edition (Title 30 of the Los Angeles County Code), which incorporates and amends the 2010 California Residential Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor. B. Los Angeles County Ordinance No. 2010-0057, as adopted by the county of Los Angeles, is adopted in its entirety. SECTION 5: Chapter 15.06.020 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.06.020. Copies filed. Three copies of the Los Angeles County Residential Code, referred to in Section 15.06.10 of this chapter, have been deposited in the office of the city clerk and shall be at all times maintained by said clerk for use and examination by the public. SECTION 6: Chapter 15.06.030 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.06.030. Terms defined. Whenever any of the following names or terms are used in the Los Angeles County Residential Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: "Board of appeals" means the board of appeals established by the Los Angeles County Building Code. "Board of supervisors" means the city council. "Building department" means the building and safety division of the department of public works, acting for the city. "Building code," "uniform building" or "Los Angeles County Building Code" means Chapter 15.04 of this code; "Building official" means the director of public works or his or her designee. "City" means the city of Irwindale. Ordinance No. 649 Page 3 "County," "county of Los Angeles" or "unincorporated territory of the county of Los Angeles" means the city. "County engineer" means the director of public works of the county of Los Angeles. "Electrical code" means Chapter 15.08 of this code. "Fire code" means Chapter 15.12 of this code. "Fire zone" means the fire zone or zones adopted by an ordinance creating and establishing fire zones. "General fund" means the city treasury. "Health code" or "Los Angeles County Health Code" means Chapter 8.04 of this code. "Health officer" means the health officer of the city. "Mechanical code" means Chapter 15.20 of this code. "Plumbing code" means Chapter 15.16 of this code. "Green Building Standards code" means Chapter 15.10 of this code. SECTION 7: Chapter 15.06.40 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.06.040. Fee schedule — Modification by Resolution. The fee schedules adopted by Section 15.06.10 of this title may be amended by resolution adopted by the city council. SECTION 8: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2010-0057 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2010-0057. ELECTRICAL CODE SECTION 9: Chapter 15.08.010 of the Irwindale Municipal Code is hereby amended to read as follows: Section 15.08.010. Adoption of Codes. A. There is hereby adopted as city electrical code, except as provided in this chapter, that certain electrical code known and designated as the Los Angeles County Electrical Code, 2011 Edition (Title 27 of the Los Angeles County Code), which incorporates and amends the California Electrical Code, 2010 Edition, including all appendixes thereto and Ordinance No. 649 Page 4 changes made by the county of Los Angeles, and such code shall be and become the electrical code of the city regulating and controlling the design, construction, installation, quality of materials, operation and maintenance of electrical systems, wiring and appliances and providing for the issuance of permits and the collection of fees therefor. B. Los Angeles County Ordinance No. 2010-0054, as adopted by the county of Los Angeles, is adopted in its entirety. SECTION 10: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2010-0054 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2010-0054. GREEN BUILDING STANDARDS CODE Chapter 15.10 — Green Building Standards Code of the Irwindale Municipal Code is hereby adopted and will include the following sections: SECTION 11: Chapter 15.10.010 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.10.010. Adoption of code. A. There is hereby adopted, as the city green building standards code, except as provided in this chapter, that certain green building standards code known and designated as the Los Angeles County Green Building Standards Code, 2011 Edition (Title 31 of the Los Angeles County Code), which incorporates and amends the 2010 California Green Building Standards Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor. B. Los Angeles County Ordinance No. 2010-0058, as adopted by the county of Los Angeles, is adopted in its entirety. SECTION 12: Chapter 15.10.020 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.10.020. Copies filed. Three copies of the Los Angeles County Residential Code, referred to in Section 15.10.010 of this chapter, have been deposited in the office of the city clerk and shall be at all times maintained by said clerk for use and examination by the public. Ordinance No. 649 Page 5 SECTION 13: Chapter 15.10.030 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.10.030. Terms defined. Whenever any of the following names or terms are used in the Los Angeles County Green Building Standards Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: "Board of appeals" means the board of appeals established by the Los Angeles County Building Code. "Board of supervisors" means the city council. "Building department" means the building and safety division of the department of public works, acting for the city. "Building code," "uniform building" or "Los Angeles County Building Code" means Chapter 15.04 of this code; "Building official" means the director of public works or his or her designee. "City" means the city of Irwindale. "County," "county of Los Angeles" or "unincorporated territory of the county of Los Angeles" means the city. "County engineer" means the director of public works of the county of Los Angeles. "Electrical code" means Chapter 15.08 of this code. "Fire code" means Chapter 15.12 of this code. "Fire zone" means the fire zone or zones adopted by an ordinance creating and establishing fire zones. "General fund" means the city treasury. "Health code" or "Los Angeles County Health Code" means Chapter 8.04 of this code. "Health officer" means the health officer of the city. "Mechanical code" means Chapter 15.20 of this code. "Plumbing code" means Chapter 15.16 of this code. Ordinance No. 649 Page 6 "Residential code" means Chapter 15.06 of this code. SECTION 14: Chapter 15.10.040 of the Irwindale Municipal Code is hereby adopted to read as follows: Section 15.10.040. Fee schedule — Modification by Resolution. The fee schedules adopted by Section 15.10.10 of this title may be amended by resolution adopted by the city council. SECTION 15: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2010-0058 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2010-0058. PLUMBING CODE SECTION 16: Chapter 15.16.010 of the Irwindale Municipal Code is hereby amended to read as follows: Section 15.16.010. Adoption of Codes. A. There is hereby adopted as city plumbing code, except as provided in this chapter, that certain plumbing code known and designated as the Los Angeles County Plumbing Code, 2011 Edition (Title 28 of the Los Angeles County Code), which incorporates and amends the California Plumbing Code, 2010 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the plumbing code of the city regulating and controlling plumbing and drainage systems, house sewers, private sewage disposal systems and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor. B. Los Angeles County Ordinance No. 2010-0055, as adopted by the county of Los Angeles, is adopted in its entirety. SECTION 17: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2010-0055 has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2010-0055. MECHANICAL CODE SECTION 18: Chapter 15.20.010 of the Irwindale Municipal Code is hereby amended to read as follows: Section 15.20.010. Adoption of Codes. A. There is hereby adopted as city mechanical code, except as provided in this chapter, that certain mechanical code known and designated as the Los Angeles County Mechanical Code, 2011 Ordinance No. 649 Page 7 Edition (Title 29 of the Los Angeles County Code), which incorporates and amends the California Mechanical Code, 2010 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the mechanical code of the city regulating and controlling the design, construction, installation, quality of materials, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances and providing for the issuance of permits and the collection of fees therefor. B. Los Angeles County Ordinance No. 2010-0056 as adopted by the county of Los Angeles, is adopted in its entirety. SECTION 19: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2010-0056 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2010-0056. SECTION 20: All violations of the provisions of the Los Angeles County Building Code, (2011 Edition), Los Angeles County Residential Code (2011 Edition), Los Angeles County Green Building Standards Code (2011 Edition), Los Angeles County Electrical Code (2011 Edition), Los Angeles County Plumbing Code, (2011 Edition), and Los Angeles County Mechanical Code (2011 Edition) adopted by the City shall be a misdemeanor and subject to the penalty provisions contained in Chapter 1.12 of the Irwindale Municipal Code. SECTION 21: Full Force and Effect. Except as expressly amended herein, all other subsections of Chapter 15 of the Irwindale Municipal Code shall be unchanged and in full force and effect. SECTION 22: Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall, within 15 days after its final passage, cause the same to be published once in a newspaper of general circulation in the City of Irwindale, and this Ordinance shall take effect 30 days after its passage. SECTION 23: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Irwindale hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. Ordinance No. 649 Page 8 ATTEST: Linda J. Kimbt MMC Deputy City Clerk Mainuel R. Garcia, Mayor Linda J. Kimbro, M Deputy City Clerk PASSED, APPROVED AND ADOPTED on the 26 th day, of tJanwry 2011. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 649 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on December 8, 2010, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on January 26, 2011, and was carried by the following-roll call vote: AYES: Councilmembers: Breceda, Burrola, Fuentes, Ortiz, Mayor Garcia ) ss. NOES: ABSENT: ABSTAIN: Councilmembers: None Councilmembers: None Councilmembers: None Linda J. Kimbro, IMMO Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 649, adopted by the City Council of the City of Irwindale at its regular meeting held January 26 2011, to be posted at the City Hall, Library, and Post Office on January 27, 2011. Dated: 27, 2011 Ordinance No. 649 Page 9