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Home My Public Portal AboutOrd 1163l I J ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING CHAPTER 15.10 "CALIFORNIA ELECTRICAL CODE, 2016 EDITION" OF TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE RANCHO MIRAGE MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA ELECTRICAL 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 includes the 2019 California Electrical Code , and which is based on the latest national and international model building codes ; and WHEREAS, the BSC shall become effective on or after January 1, 2020 ; and WHEREAS, the City wishes to adopt the 2019 edition of the California Electrical Code , as set forth in Part 3 of the BSC , along with certain 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 that amendments that are more restrictive than the State-adopted standards 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 the 2019 California Electrical Code , as set forth in Part 3 of the BSC , which are more stringent than the standards established by the BSC ; and WHEREAS , the City Council finds that adoption of, and amendments to, the 2019 California Electrical Code , as set forth in Part 3 of the BSC , are administrative in nature and do not set standards more restrictive than the State-adopted standards . 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 . 1 l I J Section 2. AMENDMENT OF CHAPTER 15.10 OF TITLE 15 OF THE RANCHO MIRAGE MUNICIPAL CODE That Chapter 15 .10 ("California Electrical 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 .10 CALIFORNIA ELECTRICAL CODE , 2019201-6 EDITION 15 .10 .010 California Electrical Code adopted with amendments. A. Except for the local amendments set forth herein , there is adopted by reference the California Electrical Code, 2019201-6 Edition, which is based IJI)OR the 2014 NatioRal Elestrisal Code aRd is published by the California Building Standards Commission as Part 3 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 Electrical Code , 20192016 Edition (hereinafter "Electrical Code") shall be the electrical code for the c ity of Rancho Mirage and said Code together with the adopted appendices and the amendments set forth in this chapter shall regulate and govern the design , construction , reconstruction , installation, quality of materials, location , operation, and maintenance or use of electrical equ ipment, wiring and systems within the city as well as the issuance of permits and the collection of permit fees. 15 .10.030 Adoption , modifications , amendments and deletions to Annex H of the Electrical Code . A. There is adopted by reference and with the following additions , deletions and amendments , Annex H (Administration and Enforcement), which is a part of the Electrical Code. 1. Section 80 .3 is amended to read as follows: 80.3 Purpose. The purpose of this article shall be to provide requirements for administration and enforcement of this Electrical Code . 2 . Section 80 .5 is deleted . 3. Section 80 .7 is deleted . 4 . Section 80.9 is deleted . 5. SestioR 80.11 is deleted. 2 l I J 56. Section 80 .13 is amended to read as follows : 6+. 80.13 Authority. There is established within the City , a division of the Administrative Services Department to be known as the "Building and Safety Division " which shall be under the administrative and operational control of the City Building Official hereinafter referred to as the building official. Where used in this article , the term authority shall be construed to mean the City Build ing Official. This code shall be administered and enforced by the City Building Official as follows : Subsections 1 through 16 of this section remain the same., eXGept that subseGtion 13 is deleted. Subsection (17) is added to Section 80.13 , and shall read as follows : (17) A written application shall be submitted for a proposed alternate material or method of construction together with a fee established by the City Council. The details of any action granting an alternate material or method of construction shall be noted in the files of the Building and Safety Division . Section 80 .15 is amended to read as follows: 80.15 Electrical Board . The electrical board shall be the Appea ls Board established under the provisions of Section 113 of the General Provisions of the Building Code, and any amendments adopted thereto , hereinafter designated as the "Board ." 80.15.G Appeals. The administration of appeals under this code shall be governed by the provisions of Section 89 .108.8 of the General Code Provisions of this Electrical Code togethe r with Section 113 of the Administration Provisions of the Building Code , and any amendments adopted thereto. 78 . Section 80 .19 is amended to read as follows : 9. 80.19 Permits. The administration of permits under this code shall be governed by Section 89 .108.4 of the General Code Provisions of this Electrical Code , together with Sections 1 04.3 , 1 04.4 , 1 04.4 .1, 1 04.5 , 1 05 .3 , 105.2 .2 and 105 .2 .3 of the Administration Provisions of the Mechanical Code , and any amendments adopted thereto. When necessary , provisions specifically pertaining to mechanical systems are deleted, and prov isions which refer to mechanical systems which can be made applicable to electrical systems and connections are hereby amended accordingly . Section 80.21 is deleted. 3 l l J BW. Section 80.23 is amended to read as follows : 9#. 80.23 Violations. 80 .23.A.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct , alter, extend, repair, move , remove, demolish or occupy any building, structure or equipment regulated by this Electrical Code , or to cause the same to be done , in conflict with or in violation of any provisions of this code. It shall be unlawful for any person to erect, construct, alter or repair a building or structure 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. 80.23.A.2 Public nuisance; Abatement. Any violation of this Electrical Code, including the adopted appendices , is a public nuisance and whiGh results in a publiG nuisanGe pursuant to Chapter 14.60 of the City's MuniGipal CfxJe may be abated in accordance with Title 14 of the City 's Municipal Code . 80.23.8 Penalties . Any person who violates a provision ofthis Electrical Code , including the adopted appendices , or fails to comply with any of the requirements thereof or who erects, constructs , alters or repairs a building or structure 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 . Section 80.27 is deleted . 1CJ.1-2 . Section 80.29 is deleted . 11n. Section 80 .33 is deleted . 1244. Section 80.35 is deleted . 1315. Section 80 .37 is added to provide for fees , and shall read as follows : 80.37 Fees. 80.37.1 Payment of fees. On buildings , structures , and electrical systems or alterations requiring a permit under this Electrical 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 per the Uniform Administrative Code appliGable to the 1990 Edition of the National EleGtriGal Code Fee Table 3A, a copy of which is on file with the Division of Building and Safety . 4 l J 80.37.2 Fee refunds. The administrative provisions for the refunding of fees paid under this code shall be governed by subsection 104.5.3 of the Administration provisions of the Mechanical Code , with the adopted amendments thereto. When necessary , provisions specifically pertaining to mechanical systems are deleted , and provisions which refer to mechanical systems which can be made applicable to electrical systems and connections are hereby amended accordingly . 144-{j . Section 80 .39 is added to provide for inspections , and shall read as follows : 80.39 Inspections. The administration of inspections under this code shall be governed by subsection 89 .1 08.4.4 of the General Code Provisions of this Electrical Code together with Section 105 .4 of the Administration Provisions of the Mechanical Code, and any adopted amendments thereto . When necessary , provisions specifically pertaining to mechanical systems are deleted , and provisions which refer to mechanical systems which can be made applicable to electrical systems and connections are hereby amended accordingly . 154-1. Section 80.41 is added to provide for connection approvals , and shall read as follows : 80.41 Connection approval. The administration of connection approvals under this code shall be governed by Section 101.4 of the Administration provisions of the Mechanical Code , with the adopted amendments thereto. When necessary, provisions specifically pertaining to mechanical systems are deleted, and provisions which refer to mechanical systems which can be made applicable to electrical systems and connections are he reb y amended accordingly . 1618. Section 80.43 is added to provide for enforcement authority , and shall read as follows : 80.43 Enforcement Authority. 80.43.1 Right of entry. The right to make entry onto property under this code shall be governed by Section 89 .108.5 of the General Code Provisions of this Electrical Code and subsection 103.4 of the Administration Prov isions of the Mechanical Code , and any adopted amendments thereto. 80 .43.2 Stop orders. Authority for stop orders under this code shall be governed by subsection 106.4 of the Adm inistration provisions of the Mechanical Code , and any adopted amendments thereto. 5 l I J 80 .43 .3 Authority to disconnect utilities in emergencies. Authority to disconnect utilities in emergencies under this code shall be governed by subsection 106.5 of the Administration provisions of the Mechanical Code, and any adopted amendments thereto. 80.43.4 Authority to condemn equipment. Authority to condemn equipment under this code shall be governed by subsection 106.6 of the Administration provisions of the Mechanical Code , and any adopted amendments thereto . 15 .10 .040 Adoption of other annex chapters of the Electrical Code without amendments . There is adopted by reference and without amendment, the following annex chapters to the Electrical Code: Annex A: Product Safety Standards. Annex 8 : Application Information for Ampacity Calculations. Annex C: Conduit and Tubing Fill Tables for Conductors and Fixture Wires of the Same Size. Annex D: Examples . Annex E : Types of Construction. ConstnJGtioR Types . 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 leg islation , 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 January 1, 2020 . 6 l I 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 this 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 RMMC . 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 J THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council held on November 21, 2019, by the following vote : AYES: NOES: Hobart, Kite , Smotrich , Townsend, Weill. None . ABSENT: None. ABSTAIN : None. ATTEST: Kristie Ramos, City Clerk APPROVED AS TO FORM: fu-r Steven B. Quintanilla, City Attorney C..\:.._ 'Uo.v;c:; V<.:n..<-1><:.>\r-,'--k "be~:-__,-\'i c;\-'1 AHor~~~.~y CITY OF RANCHO MIRAGE 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 . 1163 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 . 1163 was adopted at a regular meeting of the Ci t y Council held on November 21, 2019, by the following vote : AYES: NOES: ABSENT: ABSTAIN : Hobart, Kite , Smotrich , Townsend , Weil l. None. None . None. I further certify that I have caused Ordinance No. 1163 to be posted and/or published , as required by law (GC Sect. 36933). 9 Kristie Ramos City Clerk