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HomeMy Public PortalAboutOrd 1173ORDINANCE NO. 1173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING SECTIONS 15.04.040 (ADOPTION OF OTHER APPENDICES OF THE BUILDING CODE WITHOUT AMENDMENTS), 15.08.030 (ADOPTION OF OTHER APPENDICES OF THE MECHANICAL CODE WITHOUT AMENDMENTS), AND 15.08.060 (ADOPTION OF OTHER APPENDICES OF THE PLUMBING CODE WITHOUT AMENDMENT) OF CHAPTERS 15.04 (CALIFORNIA BUILDING CODE, 2019 EDITION), AND 15.08 (CALIFORNIA MECHANICAL CODE, 2019 EDITION; CALIFORNIA PLUMBING CODE, 2019 EDITION), RESPECTIVELY, OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO MIRAGE MUNICIPAL CODE TO REMOVE CERTAIN APPENDICES TO SUCH STATE CODE WHEREAS, the City of Rancho Mirage ("City") is a charter city and recognized for purposes as a political subdivision of the State of California; and WHEREAS, on November 21, 2019, the City adopted Ordinances 1161 and 1162 (collectively, "Ordinances") regarding amending Chapters 15.04 (California Building Code, 2016 Edition) and 15.08 (California Mechanical Code, 2016 Edition and California Plumbing Code, 2016 Edition) of Title 15 (Buildings and Construction), respectively, to adopt by reference the 2019 Edition of the California Building Standards Code, California Mechanical Code and California Plumbing Code, and certain appendices thereto, with some modifications; and WHEREAS, as part of the adoption process noted above, the City adopted by reference and without amendment, Appendix C (Group Li-Agricultural Buildings) to the California Building Code; Appendix F (Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design) to the California Mechanical Code; and Appendix G (Sizing of Venting Systems) to California Plumbing Code (collectively referred to as "Appendices"); and WHEREAS, pursuant to state law, the City made certain amendments to the State Codes adopted by reference in the Ordinances, and upon adoption of the Ordinances, filed the Ordinances with the California Building Standards Commission, as required; and WHEREAS, the City desires to amend Sections 15.04.040, 15.08.030, and 15.08.060, making certain administrative revisions, removing and repealing the references to the Appendices because these Appendices were not adopted by a state agency and would require additional findings; and WHEREAS, on May 21, 2020, the City Council conducted a duly noticed public hearing to consider repealing the Appendices and removing references in the Municipal Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 1 Section 1. RECITALS That the above Recitals are true and correct and are incorporated as though fully set forth herein. Section 2. AMEND SECTION 15.04.040 (ADOPTION OF OTHER APPENDICES OF THE BUILDING CODE WITHOUT AMENDMENTS) OF CHAPTER 15.04 (CALIFORNIA BUILDING CODE, 2019 EDITION) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) . That Section 15.04.040 (Adoption of Other Appendices of The Building Code Without Amendments), of Chapter 15.04 (California Building Code, 2019 Edition), of Title 15 (Buildings And Construction) of the Rancho Mirage Municipal Code is hereby revised as follows: 15.054.040 Adoption of other appendices of the Building Code without amendments. There is adopted by reference and without amendment, the following appendices to the Building Code: Appendix C: Group U Agricultural Buildings. Appendix I: Patio Covers. Section 3. AMEND SECTION 15.08.030 (ADOPTION OF OTHER APPENDICES OF THE MECHANICAL CODE WITHOUT AMENDMENTS), OF CHAPTER 15.08 (CALIFORNIA MECHANICAL CODE, 2019 EDITION; CALIFORNIA PLUMBING CODE, 2019 EDITION) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) That Section 15.08.030 (Adoption Of Other Appendices of The Mechanical Code Without Amendments), of Chapter 15.08 (California Mechanical Code, 2019 Edition; California Plumbing Code, 2019 Edition) of Title 15 (Buildings And Construction) of the Rancho Mirage Municipal Code is hereby revised as follows: 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. 2 Appendix C: Installation and Testing of Oil (Liquid) Fuel-Fired Equipment. Appendix F: Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design. Section 4. AMEND 15.08.060 (ADOPTION OF OTHER APPENDICES OF THE PLUMBING CODE WITHOUT AMENDMENT) OF CHAPTER 15.08 (CALIFORNIA MECHANICAL CODE, 2019 EDITION; CALIFORNIA PLUMBING CODE, 2016 EDITION) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) That Section 15.08.060 (Adoption of Other Appendices Of The Plumbing Code Without Amendment) Of Chapters 15.04 (California Building Code, 2019 Edition), And 15.08 (California Mechanical Code, 2019 Edition; California Plumbing Code, 2019 Edition) Of Title 15 (Buildings And Construction) of the Rancho Mirage Municipal Code is hereby revised as follows: Adoption of other appendixes 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 System. Appendix D: Sizing Storm Water Drainage Systems. Appendix G: Sizing of Venting Systems. Appendix H: Private Sewage Disposal Systems. Appendix I: Installation Standards for PEX Tubing Systems for Hot-and Cold-Water Distribution. Section 5. FURTHER ACTIONS That the City Council authorizes and directs City staff and the City Attorneys' Office to take all steps to effectuate implementing this Ordinance, including without limitation submitting this Ordinance to the California Building Standards Commission for processing. 3 Section 6. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this Ordinance pursuant to Section 1.04.010 of the 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 power and purposes of the City as set forth in Section 1.04.031 of the Municipal Code. Section 7. SEVERABILITY That the City Council declares that, should any provision, 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 8. 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 9. EFFECTIVE DATE That this Ordinance shall take effect on the 30th day following its second reading by the City Council. Section 10. CERTIFICATION That the City Clerk shall certify to the passage hereof, and cause it to be posted as required by law. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on June 4, 2020, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. CITY OF RANCHO MIRAGE ATTEST: ~~~~ Kristie Ramos, City Clerk APPROVED AS TO FORM: v Steven B. Quintanilla, City Attorney C...l~-o. K.,c\,<..~.,_._..\.,-· ..... u , '"Def>..:i+'i Cl;---, /M:',orv---(!. 1 5 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. 1173 was introduced by first reading at a regular meeting of the City Council held on May 21, 2020, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. Ordinance No. 1173 was adopted at a regular meeting of the City Council held on June 4, 2020, 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. 1173 to be posted and/or published, as required by law (GC Sect. 36933). 6 ~~~ Kristie Ramos City Clerk