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HomeMy WebLinkAboutD-1 Staff Report - 2022 Building Code Adoption2022 Building Code Adoption December 5, 2022 Page 1 SCHEDULED ITEM/PUBLIC HEARING D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER DATE: DECEMBER 5, 2022 SUBJECT: PUBLIC HEARING AND SECOND READING OF AN ORDINANCE AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE INCLUDING ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE. BACKGROUND: Every three years, the State adopts new codes (known collectively as the California Building Standards Code or “Title 24”) to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. The 2022 edition of the California Code of Regulation, Title 24 becomes effective on January 1, 2023. While State law requires local governments to enforce California Title 24, the law allows local governments to enact additional local amendments, more restrictive and reasonably necessary where the Council can make an express finding that these amendments are based on local climatic, geological, topographical or geological conditions. Those amendments cannot be enforced until filed with the California Building Standard Commission after the passage and prior to the effective date of the ordinance adopting and amending certain sections otherwise, California Codes shall be enforced in full force throughout the City. The attached ordinance is to adopt by reference to amend certain sections of the California Code of Regulations, Title 24; RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Conduct the Public Hearing and receive testimony; and 2) Waive further reading, and adopt Ordinance No. 2022-05; APPROVED CITY COUNCIL 12/5/2022 2022 Building Code Adoption December 5, 2022 Page 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING SECTIONS, 14-1, 14-2, 14-4, 14-6 OF ARTICLE I, ARTICLE II, VI, XV ; AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE CALIFORNIA BUILDING CODE; THE CALIFORNIA RESIDENTIAL CODE; THE CALIFORNIA MECHANICAL CODE; THE CALIFORNIA PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO ANALYSIS: In accordance with the California Health and Safety Code, the State of California published on July 1, 2022 the 2022 California Title 24. The list of codes that currently make up Title 24 include the following: a. Building Code (Title 24, Part 2); b. Residential Code (Title 24, Part 2.5) b. Electrical Code (Title 24, Part 3); c. Mechanical Code (Title 24, Part 4); d. Plumbing Code (Title 24, Part 5); e. Energy Code (Title 24, Part 6); f. Historical Building Code (Title 24, Part 8); g. Fire Code (Title 24, Part 9); h. Existing Building Code (Title 24, Part 10); i. Green Building Code (Title 24, Part 11); The 2022 edition of the California Code of Regulation, Title 24 becomes effective on January 1, 2023. The provisions of these codes shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California. While State law requires local governments to enforce California Title 24, the law allows local governments to enact additional local amendments, more restrictive and reasonably necessary where the Council can make an express finding that these amendments based on local climatic, geological, topographical or geological conditions. Those amendments cannot be enforced until filed with the California Building Standard Commission after the passage and prior to the effective date of the ordinance adopting and amending certain sections otherwise, California Codes shall be enforced in full force throughout the City. 2022 Building Code Adoption December 5, 2022 Page 3 The attached ordinance is to adopt by reference to amend certain sections of the California Code of Regulations, Title 24; In summary the attached ordinance will revise Chapter 14 of the Azusa Municipal Code as follows: 1. Adopt and amend the following California Codes. Building Code (Title 24, Part 2); Residential Code (Title 24, Part 2.5) Electrical Code (Title 24, Part 3); Mechanical Code (Title 24, Part 4); Plumbing Code (Title 24, Part 5); 2. Technical amendments subject to express findings. Local Amendment Findings The City is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. These climatic conditions are conducive to the spread of drought conditions and fires. For example, during July, August and September, temperatures often exceed 100 degrees Fahrenheit. During the same months, humidity is usually less than 40% and measurements of less than 10% are not uncommon; and The aforementioned geologic and climatic conditions have also contributed to the loss or damage of 262 homes in the Anaheim fire of 1982, 71 homes in the Baldwin Hills fire of 1985, 33 homes in the Porter Ranch fire of 1988, 162 homes in the Santa Barbara fire of 1990, 3300 homes in the Oakland fire of 1991, 2,232 homes in the Cedar fire of 2003, 1,500 homes in the Southern California wildfires of 2007, and most recently, 28 structures in the Colby fire in Azusa/Glendora; and The Amendments to Table 1505.1 and Sections 1505.1.3 of the California Building Code and Section R902.1.3 of the 2019 California Residential Code will provide a higher level of fire protection to roofs than required by the California Building Standards Code. These modifications will decrease the potential incidence of property damage, injury and death due to fires and are reasonably necessary to mitigate the aforementioned local climatic conditions which make the City more vulnerable to fires, as described in the recitals above. 3. Sections 14-1, 14-2, 14-4 and 14-6 of Article I, amended to better coordinate the administration of the California Building and Residential Codes. 4. Article VI replaced with a new Article VI now dedicated to the Residential Building Code amendments, which were previously under Article VI.5. 5. Repealed the Article XV of chapter 14 which was the adoption of the 1991 Uniform Swimming Pool Code and replaced with a new Article XV with the adoption of 2018 International Swimming Pool and Spa Code. 2018 ISPSPC was already adopted by the City in 2019 within the Article VI.6 of the Chapter 14. With this ordinance the Article VI.6 is repealed to avoid having 2 different codes regulating swimming pools. 2022 Building Code Adoption December 5, 2022 Page 4 ENVIRONMENTAL REVIEW The proposed Code amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines because they have no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment as the proposed amendments are regulatory in nature. Furthermore, the new construction code requirements are required to be implemented by state law, and any specific development projects that would be subject to the requirements of these new regulations would require separate environmental review. Thus, the adoption of the City’s ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) of the CEQA Guidelines. City staff will file a Notice of Exemption with the Los Angeles County Clerk’s office within five (5) working days of project approval. FISCAL IMPACT: There is no additional fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Dennis Tarango Nico De Anda-Scaia Building Official Deputy City Manager/Interim Economic & Community Development Director Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) Proposed Ordinance No. 2022-05 2) California Codes Adopted by Reference (Due to the size of California Codes, they can be viewed at https://www.dgs.ca.gov/BSC/Codes) 1 ORDINANCE NO. 2022-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING SECTIONS, 14-1, 14-2, 14-4, 14-6 OF ARTICLE I, ARTICLE II, VI, XV ; AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE CALIFORNIA BUILDING CODE; THE CALIFORNIA RESIDENTIAL CODE; THE CALIFORNIA MECHANICAL CODE; THE CALIFORNIA PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO WHEREAS, Government Code Section 50022.1, et seq. and California Health& Safety Code Section 17922 empower the City of Azusa ("City") to adopt by reference the California Building Standards Code as provided in Title 24 of the California Code of Regulations; and WHEREAS, the City previously adopted by reference various model codes, subject to particular additions, amendments and deletions set forth in the Ordinances adopting such codes, and codified in Azusa Municipal Code Chapter 14, Article I, II, III, IV,V, VI, XV ; and WHEREAS, the California Building Standards Commission ("Commission") published California Building Standards Code on July 1, 2022 and established January 1, 2023 as the effective date of the most recent edition of the California Building Standards Code; and WHEREAS, California Health & Safety Code, Section 17958.5 and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions, and WHEREAS, the City Council of the City of Azusa ("City Council") finds that these local climatic, geological or topographical conditions include, but are not limited to, the following: 1. The City is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. These climatic conditions are conducive to the spread of drought conditions and fires. For example, during July, August and September, temperatures often exceed 100 degrees Fahrenheit. During the same months humidity is usually less than 40% and measurements of less than 10% are not uncommon; and 2. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drownings where pools are unprotected. WHEREAS, the aforementioned geologic and climatic conditions have also contributed to the loss or damage of 262 homes in the Anaheim fire of 1982, 71 homes in the Baldwin Hills fire of 1985, 33 homes in the Porter Ranch fire of 1988, 162 homes in the Santa Barbara fire of 1990, 3300 homes in the Attachment 1 2 Oakland fire of 1991, 2,232 homes in the Cedar fire of 2003, 1,500 homes in the Southern California wildfires of 2007, and most recently, 28 structures in the Colby fire in Azusa/Glendora; and WHEREAS, these fires have resulted in the tragic loss of lives along with enormous property losses; and WHEREAS, based upon the recommendations of the Building Official, the City Council finds that the proposed amendments to the California Building Standards Code and model codes ("amendments"), as set forth herein, are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires, and are reasonably necessary to mitigate the aforementioned local climatic, geologic or topographical condition. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Recitals contained in this ordinance are hereby adopted as Findings of Fact by the City Council, as if fully set forth herein. SECTION 2. Section 14-1 of Article I of the Chapter 14 is repealed in its entirety and replaced with a new section 14-1 to read as follows: Sec 14-1 California Codes Adopted. The City adopts by reference and makes part of this Chapter by reference, subject to those certain amendments set forth in this Chapter, the following California Building Standards Codes (California Code of Regulations, Title 24): 1. 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, Chapter 1, Division II through Chapter 35 and Appendices C, F, H, I, J and O; 2. 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, Chapter 1, Division II through Chapter 10, Chapter 44 and Appendix AH, AJ , AQ, and AS; 3. 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations, Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F,G, , I and J; 4. 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, Chapter 1, Division II through Chapter 17 and Appendices B, C and D; 5. 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, Chapter 1, Division II through Chapter 17 and Appendices A, B,D,H,I and J; At least one copy of each code has been filed in the Office of the City Clerk and each is incorporated herein by reference as though set forth in full, shall be the standards, provisions, and conditions to be observed and shall be followed in the regulation and control of design, construction, quality, and 3 materials, use, and occupancy, location and maintenance of all buildings, structures, and certain equipment regulated by this Chapter within the City of Azusa. In the event there is any inconsistency between the provisions of the codes and modifications adopted by this Chapter, and other provisions of the Azusa Municipal Code, then the more restrictive provision with respect to building regulations shall apply." SECTION 3. Section 14-2 of Article I of the Chapter 14 is repealed in its entirety and replaced with a new section 14-2 to read as follows: Sec. 14-2. – Fees and Refunds a) Plan Review, Permit and Inspection Fees. The city council shall, by resolution, establish the fees and charges to be paid for permits, services and inspections required by the provisions of the codes adopted in this chapter. The resolution shall be described as the "fee schedule resolution." The fees and charges described in the text and tables of the uniform codes adopted in this chapter shall be subject to revisions or modifications by the fee schedule resolution, and the fee schedule resolution shall supersede any conflicting provisions within such codes pertaining to the amount of fees or charges b) Additional plan review fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee must be paid to the Building Official based upon the value of construction of the proposed change or redesign. In establishing said fee, no allowance for a decreased valuation is permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. The building official may require additional charges for services beyond the first and second check due to changes, omissions or errors the part of the applicant. c) Reinspections. An inspection fee may be assessed for reinspection, as determined by the Building Official, for any of the following reasons: 1. The portion of work for which inspection is requested is not complete; 2. Corrections given are not completed; 3. There is inadequate work site access preventing inspection; 4. The inspection record card is not posted or otherwise available on the work site: 5. The approved plans are not available for the inspector; 6. Work has deviated from the approved plans and has not been approved by the Building Official. This Section is not to be interpreted as requiring additional inspection fees the first time a job is rejected for failure to comply with the requirements of this Code. To obtain re-inspection, the applicant shall pay the re-inspection fee in advance. as determined per the fee resolution. d) Work without Permit, investigation fee. Whenever any work for which a permit is required by this chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. A special investigation fee shall be collected prior to 4 the issuance of a permit. The investigation fee shall be equal to the amount of the permit fee that would be required by this chapter if a permit were to be issued and shall be in addition to the permit fee if a permit is required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. e) Refunds. Plan check and permit refunds shall be subject to following Permit Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled, the permittee may submit a written request to the building official requesting a refund of permit fees, provided the request has been submitted within one year from the date of cancellation or expiration of the permit. The building official may authorize the refunding of not more than 80 percent of the permit fee paid Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 80 percent of the plan checking fee may be refunded upon the request of applicant to withdraw or cancel the application SECTION 4. Section 14-4 of Article I of the Chapter 14 is repealed in its entirety and replaced with a new section 14-4 to read as follows: Sec. 14-4. – Expiration of Applications a) Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be returned to the applicant or destroyed by the building official. When requested in writing by the applicant, the Building Official within their discretion may grant up to two extensions not exceeding 180 days per extension, beyond the initial one-year limit provided; 1. The duration of time from the date of expiration has not exceeded 180 days 2. Circumstances beyond the control of the applicant have prevented action from being taken; 3. An extension fee is paid as determined by the Building Official, not to exceed 25 percent of the plan check fee. Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee. b) Permit Expiration. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void one year after the date of the last required building inspection approved by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit. 5 For the purposes of this paragraph, “required building inspection” shall mean those inspections listed specifically identified on the Job Record issued with the building permit or identified by the building official. No partial inspection shall meet the definition of “required building inspection.” Supplementary permits for electrical, mechanical, plumbing, shall not expire so long as the associated building permit remains active. No electrical, mechanical, or plumbing inspection shall satisfy the requirement to have a required building inspection as defined in this Section. When requested in writing by the applicant, the Building Official within their discretion may grant one or more extensions not exceeding 180 days per extension, provided; 1. The duration of time from the date of expiration has not exceeded 180 days 2. Circumstances beyond the control of the applicant have prevented action from being taken; 3. No changes have been made or will be made in the original plans and calculations for such work 4. An extension fee is paid as determined by the Building Official, not to exceed 25 percent of the permit fee. Where a permit has expired and does not meet the preceding criteria , a permit may be issued for the remaining work based on the remaining work valuation subject to compliance with current regulations and payment of plan check and permit fees. SECTION 5. Section 14-6 of Article I of the Chapter 14 is repealed in its entirety and replaced with a new section 14-6 to read as follows: Sec. 14-6. Prime coat, finish paint or stain (a) All structures, buildings and architectural appendages requiring a permit from the city with wood or metal exposed to the elements (rain, wind, sun, etc.) shall be prime coated and finish painted or stained (or any similar finish approved by the building official or the planning division) to match the structure or building it is connected with or adjacent to, provided they are on the same lot or associated with one another. (b) If the construction requiring a permit exceeds 49.9 percent of the connected structure, the entire structure shall be prime coated, and finish painted or stained to the satisfaction of the building official or planning division. (c) All attic vents, ventilators, ventilation turbines, or dormer vents shall be painted the same color as the roof covering it is penetrating or surrounding unless deemed not necessary by the Building Official. (d) All vents, vent connectors, ducts, ventilating hoods, vent caps, roof jacks, conduits, ventilating exhaust systems or similar items projecting through the roof that are exposed or are visible from any public or private property shall be painted the same color as the finish material which it is penetrating or surrounding, unless deemed not necessary by the building official. 6 SECTION_ 6. Article II of the Chapter is repealed in its entirety and replaced with a new Article II to read as follows: ARTICLE II. - BUILDING CODES DIVISION 1. GENERALLY Sec. 14.51 The California Building Code, as adopted by Section 14-1, is amended, added to or modified as set out in this division. If there is any inconsistency between the provisions of the California Building Code, as adopted, and the modifications adopted by this division and other provisions of this Code, the more restrictive provision with respect to building regulations shall apply. DIVISION 2. BUILDING CODE AMENDMENTS AND MODIFICATIONS Sec. 14.52 California Building Code Chapter 1 Division II amended a) Section 105.3.2 and 105.5 are deleted in their entirety b) Section 111 is amended in its entirety to read 111.1 Use and occupancy. No building, structure or premises, or portion thereof, shall be used or occupied, and no change in the existing occupancy classification of a building, structure or premises, or portion thereof, shall be made until the building official has approved the building, structure or premises or portion thereof for such use or occupancy and until all permits have been approved or a temporary certificate of occupancy has been issued. Upon final of a building permit and at the request of the applicant, a certificate of occupancy may be issued by the building official for any structure which is ready to occupy. Approval of a building, structure or premises, or portion thereof, for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of occupancy or issuance of a temporary certificate of occupancy) shall not be construed as approval of a violation of the provisions of this Code, relevant laws, ordinances, rules and/or regulations. Approvals presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and/or regulations are not valid. The building official may, in writing, suspend or revoke any such approvals or certificates whenever the building official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of this Code, relevant laws, ordinances, rules and/or regulations. 111.2 Change in Use. Changes in the character or use of a building shall not be made except as specified in Existing Building Code. 7 111.3 Issuance of a Certificate of Occupancy. When the building, structure or premises, or portion thereof, has passed final inspection, and when the building, structure or premises complies with this Code, relevant laws, ordinances, rules and regulations, and the required fees have been paid, the building official, upon request of the applicant, may issue a certificate of occupancy which shall contain the following: 1. The building permit number. 2. The address of the building or structure. 3. A description of that portion of the building for which the certificate is issued. 4. A statement that the described portion of the building was inspected and found to comply with the requirements of this Code, relevant laws, ordinances, rules and regulations for the group and division of occupancy and the use for which the proposed occupancy is classified. 5. The date the permit was approved. 6. Any other information deemed necessary by the building official. 111.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 111.5 Revocation. The building official is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this code, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this code or other ordinance of the jurisdiction. Sec. 14-53. Roof Covering Classifications. Table 1505.1 of the California Building Code is hereby amended, in its entirety, to read as follows: TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATIONS FOR TYPES OF CONSTRUCTIONS IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B Sec. 14-55. Roof Coverings in All Other Areas. Section 1505.1.3 of the California Building Code is hereby amended to read as follows: 1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 20 percent of the total roof area is replaced within any one year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is a least class B. 8 SECTION_ 7. Article VI, VI.5 and VI.6 of the Chapter 14 is repealed in its entirety and replaced with a new Article VI to read as follows: ARTICLE V1-RESDENTIAL BUILDING CODE DIVISION 1. GENERALLY Sec.14-201 Generally The California Residential Building Code as adopted by Section 14-1 is amended, added to, or modified as set out in this division. If there is any inconsistency between the provisions of the California Residential Code, as adopted and the modifications as adopted by this division and other provisions of this Code, the more restricted provisions with respect to building regulations shall apply. DIVISION 2. - ADMENDMENTS AND MODIFICATIONS Sec. 14-202. Roof Coverings in All Other Areas. Section R902.1.3 of the California Residential Code is hereby amended to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 20 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire–retardant roof covering that is at least a class B. Exception: Class C roof coverings may be installed on patios with less than 300 square feet in roof area.” Sec. 14-203 1- Wood Frame Structures Section R301.1.1.3.2 is amended in its entirety to read: R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. SECTION_ 8. Article XV of the Chapter 14 is repealed in its entirety and replaced with a new Article XV to read as follows: 9 ARTICLE XV. - SWIMMING POOLS DIVISION 1. GENERALLY Sec.14-446 Generally 2018 International Swimming Pool and Spa Code is hereby adopted by reference and made part of this Chapter, subject to those certain amendments set forth in this Chapter The Uniform Swimming Pool and Hot Tub Code, as adopted in section 14-1, is amended, added to or modified as set out in this division. If there is any inconsistency between the provisions of the Uniform Housing Code, as adopted, and the modifications adopted by this division and other provisions of this Code, the more restrictive provision with respect to sign regulations shall apply. DIVISION 2. INTERNATIONAL SWIMMING POOL AND SPA CODE AMENDMENTS AND MODIFICATIONS Sec.14-447 Amendments Chapters 1 and 2 of the International Swimming Pool and Spa Code, adopted by reference as the Swimming Pool and Spa Code of the City of Azusa, are hereby amended, deleted or added as follows: a. Chapter 1 is deleted in its entirety b. Chapter 2 the following definitions added to read: In addition to the definitions specified in Chapter 2 Section 202 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. 1. Where the term International Building Code is used it shall be replaced with the term California Building Code as adopted by reference and amended by City of Azusa. 2. Where the term International Residential Code is used it shall be replaced with the term California Residential Code as adopted by reference and amended by City of Azusa. 3. Where the term International Plumbing Code is used it shall be replaced with the term California Plumbing Code as adopted by reference and amended by City of Azusa. 4. Where the term International Energy Conservation Code is used it shall be replaced with the term California Energy Code. 5. Where the term International Fire Code is used it shall be replaced with the term California Fire Code . 6. Where the term International Fuel Gas Code is used it shall be replaced with the term California Plumbing Code as adopted by reference and amended by City of Azusa. 10 7. Where the term International Mechanical Code is used it shall be replaced with the term California Mechanical Code as adopted by reference and amended by City of Azusa. 8. Where the term NFPA 70 is used it shall be replaced with the term California Electrical Code as adopted by reference and amended by City of Azusa. SECTION 8. Prior Ordinances Repealed. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the codes herein adopted by reference including, but not limited to, Ordinance No. 2019-03 and any other ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect. SECTION 9. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. This ordinance would set forth new construction code requirements, which are required to be implemented by state law, and any specific development projects that would be subject to the requirements of these new regulations, would require separate environmental review. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk’s office within five (5) working days of project approval. SECTION 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 11. Certification/Summary. The City Clerk shall certify the passage of this ordinance and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose. Alternatively, the City Clerk may cause a summary of this Ordinance to be prepared and published as provided by California Government Code § 36933 (c) (1). The summary shall be published in a local weekly newspaper of general circulation and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published in a local weekly newspaper of general circulation with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance. SECTION 12. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage or on January 1, 2023, whichever is later. 11 PASSED, APPROVED AND ADOPTED this 5th day of December, 2022. ___________________________ Robert Gonzales Mayor Attest: ____________________ Jeffrey Lawrence Cornejo, Jr. City Clerk Approved as to Form: ___________________________ Marco A. Martinez City Attorney COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Jeffrey Lawrence Cornejo, Jr., City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 2022-05, was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 7th day of November 2022, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 5th day of December, 2022, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk Approved as to Form: ___________________________ Marco A. Martinez Best Best & Krieger LLP City Attorney CITY OF AZUSA NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CONCERNING A PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING SECTIONS, 14-1, 14-2, 14-4, 14-6 OF ARTICLE I, ARTICLE II, VI, XV ; AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE CALIFORNIA BUILDING CODE; THE CALIFORNIA RESIDENTIAL CODE; THE CALIFORNIA MECHANICAL CODE; THE CALIFORNIA PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO. PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa will hold a PUBLIC HEARING in the Civic Auditorium located at 213 E. Foothill Boulevard, Azusa, California, on November 21, 2022, beginning at the hour of 7:30 p.m. or as soon thereafter as the matter may be heard on the adoption of an ordinance amending Chapter14 of the Azusa Municipal Code and adopting by reference the following codes. 1. 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, Chapter 1, Division II through Chapter 35 and Appendices C, F, H, I, J and O; 2. 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, Chapter 1, Division II through Chapter 10, Chapter 44 and Appendix AH, AJ , AQ, and AS; 3. 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations, Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F,G, , I and J; 4. 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, Chapter 1, Division II through Chapter 17 and Appendices B, C and D; 5. 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, Chapter 1, Division II through Chapter 17 and Appendices A, B,D,H,I and J; Any person wishing to testify may file a written statement prior to that time, and/or may appear and be heard. The full text of the proposed ordinance and one copy of each of the above referenced codes will be available for public inspection in the Office of the City Clerk at 213 E. Foothill Boulevard, Azusa, California, for not less than fifteen days prior to said hearing date. If you challenge the proposed actions in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk or City Council at, or prior to, the public hearing. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (626) 812-5200. Notification by noon on the date of the public hearing will enable the City to make arrangements to assure accessibility to this meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at (626) 812-5200. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. Dated: 11/8/2022 /s/ Jeffrey Lawrence Cornejo Jr. City Clerk, City of Azusa Published in the San Gabriel Valley Tribune on November 10, 2022 NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Regular Meeting of the City Council of November 21, 2022 is Canceled, the Public Hearing will be continued to the Regular Scheduled City Council Meeting of Monday, December 5, 2022 at 7:30 P.M., or as soon thereafter as the matter may be heard, in the Azusa Auditorium, at 213 E. Foothill Boulevard, Azusa, CA 91702. PUBLIC HEARING AND SECOND READING OF AN ORDINANCE AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE INCLUDING ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE. RECOMMENDED ACTION: 1) Open the public hearing, receive public testimony, close the public hearing; and 2)Adopt second reading, read by title only, and waive further reading of Ordinance No. 2022- 05; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING SECTIONS, 14-1, 14- 2, 14-4, 14-6 OF ARTICLE I, ARTICLE II, VI, XV ; AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE CALIFORNIA BUILDING CODE; THE CALIFORNIA RESIDENTIAL CODE; THE CALIFORNIA MECHANICAL CODE; THE CALIFORNIA PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO I hereby certify that the Notice of Continuance for this public hearing of the Azusa City Council was posted at the display case located near the walkway in front of the Azusa Auditorium, 213 E. Foothill Blvd, Azusa, CA 91702, as well as on the City’s website, on November 21, 2022. ______________________ Adrian Garcia, MMC Chief Deputy City Clerk