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Home My Public Portal AboutOrd 1162l I J ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING CHAPTER 15.08 "CALIFORNIA MECHANICAL CODE, 2016 EDITION AND CALIFORNIA PLUMBING CODE, 2016 EDITION" OF TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE RANCHO MIRAGE MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA MECHANICAL CODE AND 2019 CALIFORNIA PLUMBING CODE WHEREAS, the City of Rancho Mirage ("City") is a charter city and a political subdivision of the State of California ; and WHEREAS, the State of California adopted and approved the 2019 edition of the California Building Standards Code (BSC), which is published in Title 24 of the California Code of Regulations and which is based on the latest national and international model building codes ; and WHEREAS, the BSC will become effective on January 1, 2020; and WHEREAS, the City wishes to adopt the 2019 edition of the California Mechanical Code, as set forth in Part 4 of the BSC, and California Plumbing Code , as set forth in Part 5 of the BSC , along with local amendments ; and WHEREAS , Government Code section 50022 .2 authorizes cities to enact ordinances adopting any code by reference; and WHEREAS, pursuant to California Health & Safety Code sections 17958.7 and 18941.5(b), the City is permitted to adopt amendments to the BSC provided the amendments are more restrictive than the State-adopted standards and are supported by findings of the City Council that the amendments are necessary due to local climatic , topographical or geological conditions ; and WHEREAS , the City's Building Official has not proposed any substantive amendments to either the 2019 California Mechanical Code or the 2019 California Plumbing Code, which are more stringent than the standards established by the BSC; and WHEREAS , the City Council conducted a duly noticed public hearing to consider adoption of, and amendments to, the 2019 California Mechanical Code and the 2019 California Plumbing Code ; and WHEREAS , the City Council finds that the local amendments to the 2019 California Mechanical Code, as set forth in Part 4 of the BSC , and the 2019 California Plumbing Code, as set forth in Part 5 of the BSC, are administrative in nature and do not set standards more restrict ive than the State-adopted standards . 1 l I J NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein . Section 2. AMENDMENT TO CHAPTER 15.08 OF TITLE 15 OF THE RANCHO MIRAGE MUNICIPAL CODE Chapter 15.08 ("California Mechanical Code , 2016 Edition ; California Plumbing Code, 2016 Edition") of Title 15 ("Buildings and Construction") of the Rancho Mirage Municipal Code is hereby amended to read entirely as follows : Chapter 15 .08 CALIFORNIA MECHANICAL CODE , 20192016 EDITION ; CALIFORNIA PLUMBING CODE , 20192016 EDITION 15.08.010 California Mechanical Code adopted . A. There is adopted by reference the California Mechanical Code , 20192046 Edition, which is based on lhe 2015 Uniform MeGhaniGal Code and is published by the California Building Standards Commission as Part 4 of Title 24 of the California Code of Regulations . A copy of the Code together with the local amendments is on file with the division of building and safety . B. The California Mechanical Code , 2019~ Edition (hereinafter "Mechanical Code") shall be the mechanical code for the city and said Code together with the adopted appendices and the additions, deletions and amendments set forth in this chapter shall regulate and govern the requirements for the installation and maintenance of heating , ventilating , cooling , and refrigeration systems within the city as well as the issuance of permits and the collection of permit fees. 15.08 .020 Modifications, amendments and deletions to Chapter 1, Division II Administration of the Mechanical Code. A. There is adopted by reference and with the following additions , deletions and amendments Chapter 1 , Division II Administration , which is a part of the Mechanical Code: 1. Section 101.6 is added to provide for the filing of appeals and shall read as follows : 2 l 2. 3 . J 101.6 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the building official which is being appealed and wherein the building official erred in making the order, decision or determination . The appeal shall be accompanied by a fee as established by the City Council. If, after reviewing the information submitted , the building official determines the appeal does not merit a change in his or her order, decision, or determination, the building official shall schedule a hearing by the Appeals Board and the appellant shall be notified in writing of the date and time of the hearing . Section 106.1 is amended to read as follows: Section 106 .1 VIOLATIONS. 106.1 Unlawful acts. It shall be unlawful for any person , firm , or corporation to erect, construct, alter, extend, repair , move , improve , remove , convert or demolish, equip , use or maintain mechanical systems or equipment regulated by this Mechanical Code or cause or permit the same to be done in violation of this code. It shall be unlawful for any person to erect, construct, alter or repair a mechanical system in violation of the approved construction documents or directive of the building official or of a permit or certificate issued under the provisions of this code . 106 .1.1 Public nuisance; Abatement. Any violation of this Mechanical Code , including the adopted appendices , i s a public nuisance and vlhiGh results in a publiG nuisanGe pursuant to Chapter 14.60 of the City's MuniG ipal Code may be abated in accordance with Title 14 of the City's Municipal Code . Section 106.3 is amended to read as follows : 106.3 Penalties. Any person who violates a prov1s1on of this Mechanical Code , including the adopted appendices , or fails to comply with any of the requirements thereof or who erects, constructs , alters , extends , repairs, moves , improves , removes, converts or demolishes, equips, uses or maintains mechanical systems or equipment in violation of the approved construction documents or directive of the building official, or of a permit or certificate is sued under the provisions of this code shall be guilty of an infraction violation , and the violator shall be subject to the provisions set forth in Chapter 14 .100 (Infractions) of the City's Municipal Code , including , but not limited to , the imposition of any and all civil and criminal penalties set forth therein . 3 l I J 4. Section 104.5 is amended to read as follows: 104.5 Payment of fees. On buildings , structures , and mechanical systems or alterations requiring a permit under this code , a fee for each permit shall be paid as required, in accordance with the fees set forth in the Citv of Rancho Mirage Master Fee Schedule. MeGhaniGal Permit Fee Table 3A of the California MeGhaniGal Code, 1991 Edition, a Gopy ofvlhiGh is on file with the Division of Building and Safety. 15 .08.030 Adoption of other appendices of the Mechanical Code without amendments. There is adopted by reference and without amendment, the following appendices to the Mechanical Code : Appendix B : Procedures to be Followed to Place Gas Equipment in Operation . Appendix C: Installation and Testing of Oil (Liquid) Fuel-Fired Equipment. Appendix F : Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design. Sizing of Venting Systems Serving ApplianGes Equipped with Draft Hoods, Category 1 ApplianGes, and ApplianGes Listed for the Use with Type B Vents. 15.08 .040 California Plumbing Code adopted . A. There is adopted by reference the California Plumbing Code, 201920-Ui Edition , which is based on the 2015 Uniform Plumbing Code and is published by the California Building Standards Commission as Part 5 of Title 24 of the California Code of Regulations . A copy of the Code together with the local amendments is on file with the division of building and safety . B. The California Plumbing Code , 201920-Ui Edition (hereinafter "Plumbing Code") shall be the plumbing code for the city and said Code together with the additions, deletions and amendments set forth in this chapter shall regulate and govern the requirements for the installation and maintenance of plumbing and the issuance of permits and collection of permit fees. 15 .08 .050 Modifications, amendments and deletions to Chapter 1, Division II Administration of the Plumbing Code. A. There is adopted by reference and with the following additions, deletions and amendments, Chapter 1, Division II Administration, which is a part of the Plumbing Code: 4 l J 1 . Section 107.3 is added to provide for the filing of appeals and shall read as follows: 107.3 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the building official which is being appealed and wherein the building official erred in making the order, decision or determination. The appeal shall be accompanied by a fee as established by the City Council. If, after reviewing the information submitted, the building official determines the appeal does not merit a change in his or her order, decision , or determination , the building official shall schedule a hearing by the Appeals Board and the appellant shall be notified in writing of the date and time of the hearing . 2. Section 106.1 is amended to read as follows : 3 . 1 06.1 Violations . 106.1 Unlawful acts. It shall be unlawful for any person , firm , or corporation to erect, construct , alter, extend, repair , move, improve, remove, convert or demolish , equip, use or maintain plumbing systems or equipment regulated by this Plumbing Code or cause or permit the same to be done in violation of this code . It shall be unlawful for any person to erect, construct, alter or repair plumbing in violation of the approved construction documents or directive of the building official or of a permit or certificate issued under the provisions of this code. 106.1.1 Public nuisance; Abatement. Any violation of this Plumbing Code , including the adopted appendices, is a public nuisance and whiGh results in a publiG nuisanGe puFsuant to Chapter 14 .60 of the City's MuniGipal Code may be abated in accordance with Title 14 of the City's Municipal Code . Section 106 .3 is amended to read as follows : 106.3 Penalties. Any person who violates a provision of this Plumbing Code , including the adopted appendices , or fails to comply with any of the requirements thereof or who erects, constructs , alters or repairs plumbing in violation of the approved construction documents or directive of the building official , or of a permit or certificate issued under the provisions of this Code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter 14.100 (Infractions) of the City's Municipal Code, including , but not limited to , the imposition of any and all civil and criminal penalties set forth therein . 5 l I J 4. Section 104.5 is amended to read as follows : 104.5 Permit fees. On buildings , structures, and plumbing systems or alterations requir:ing a permit under this code, a fee for each permit shall be paid as required, in accordance with the fees set forth in the City of Rancho Mirage Master Fee Schedule. Plumbing Permit Fee Table 3A of the California Plumbing Code, 1991 Edition, a Gopy of whiGh is on file v.lith the Division of Building and Safety. 15 .08 .060 Adoption of other appendices of the Plumbing Code without amendments . There is adopted by reference and without amendment, the following appendices to the Plumbing Code : Appendix A : Recommended Rules for Sizing the Water Supply System . Appendix B: Explanatory Notes on Combination Waste and Vent Systems . Appendix D: Sizing Storm Water Drainage Systems. Appendix G: Sizing of Venting Systems Serving ApplianGes Equipped v.lith Draft Hoods, Category 1 ApplianGes, and ApplianGes Listed for the Use with Type 8 Vents . Appendix H : Private Sewage Disposal Systems . Appendix 1: Installation Standards for PEX Tubing Systems for Hot-and Cold-Water Distribution . Section 3. SEVERABILITY That the City Council declares that , should any prov1s1on , section , paragraph , sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation , the remaining provisions , sections, paragraphs , sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 4 . REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed . Section 5. EFFECTIVE DATE That this ordinance shall take effect on January 1, 2020 . 6 l l J Section 6. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this ordinance pursuant to Section 1 .04 .010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt th is ordinance , that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1 .04 .031 of the Rancho Mirage Municipal Code . Section 7. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law . [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 7 l l J THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council held on November 21 , 2019 , by the following vote : AYES : Hobart, Kite , Smotrich , Townsend , Weill. NOES : None . ABSENT: None. ABSTAIN : None . CITY OF RANCHO MIRAGE ~~~£F ~ ATTEST: ~·:R~ Kristie Ramos , City Clerk APPROVED AS TO FORM: ~ Steven B . Quintanilla , City Attorney Co'~"'" 'i:::>C>.J;<; ~;.r\..o<....~'"' -\.,..;cJ..<., i)e~"'\.'( C.i+i A.+tu-rV"-f 8 l l J ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF RANCHO MIRAGE) I, Kristie Ramos , City Clerk of the City of Rancho Mirage , California, do hereby certify under penalty of perjury , that the foregoing Ordinance No. 1162 was introduced by first reading at a regular meeting of the City Council held on November 7 , 2019 , by the following vote : AYES : NOES: ABSENT: ABSTAIN : Hobart, Kite, Smotrich , Townsend, Weill. None. None . None. Ordinance No. 1162 was adopted at a regular meeting of the City Council held on November 21, 2019, by the following vote : AYES: NOES : ABSENT: ABSTAIN: Hobart , Kite , Smotrich , Townsend , Weill. None . None . None. I further certify that I have caused Ordinance No . 1162 to be posted and/or published , as required by law (GC Sect. 36933). 9 ~R~ea Kristie Ramos City Clerk