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ORD 376 ORDINANCE NO. 376 AN ORDINANCE OF THE CITY OF LA QUINTA, REVISING TITLE 8 ENTITLED "BUILDING AND CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE, 2001 EDITION; THE CALIFORNIA BUILDING CODE, 2001 EDITION, VOLUMES 1,2, AND 3 INCLUDING CERTAIN SPECIFIED APPENDICES; THE CALIFORNIA ELECTRIC CODE, 2001 EDITION; THE CALIFORNIA PLUMBING CODE, 2001 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS; THE CALIFORNIA MECHANICAL CODE, 2001 EDITION; THE CALIFORNIA ENERGY CODE, 2001 EDITION; THE CALIFORNIA BUILDING STANDARDS CODE, 2001 EDITION; AND THE CALIFORNIA FIRE CODE, 2001 EDITION. WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic or geographical conditions which requires modifications to the state approved rules; The City Council of the City of La Quinta, California, DOES HEREBY FIND AND ORDAIN as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved California Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code entitled "Building and Construction" which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 2 SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect starting on November 1, 2002. SECTION 6. POSTING. The City Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of October, 2002, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSTAIN: None ABSENT: None Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 3 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: ,M. ~(A~I'HE'I~IN~'jEN'S-0~ ~ity Attorney City of La Quinta, California Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 4 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Building and Construction," shall be amended as follows: 1. Chapter 8.01 No Changes 2. Section 8.02.010 Adoption of the California Building Code is amended to read as follows: "Certain documents marked and designated as the" California Building Code, 2001 Edition" Volumes 1,2, and 3 including Appendix Chapter 3 Division IV, (Requirements for Group R, Division 4 Occupancies), Chapter 12 Division II, (Sound Transmission Control), Chapter 15, (Reroofing), Chapter 18, (Waterproofing and Dampproofing Foundations), Chapter 29, (Minimum Plumbing Fixtures), Chapter 31 Divisions II and III (Special Construction), Chapter 33, (Excavation and Grading), and Chapter 34 Division III (Repairs to Buildings Damaged by Natural Disasters), published by the California Building Standards Commission are adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures. Each and all of the regulations, provisions, conditions and terms of such "California Building Code, 2001 Edition," published by the California Building Standards Commission, on file in the Building and Safety Department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter." 3. Section 8.02.020 shall be revised to change references to "California Building Code, 1998 Edition" to "California Building Code, 2001 Edition." 4. Section 8.02.030 shall be revised to change references to "California Building Code, 1998 Edition" to "California Building Code, 2001 Edition." 5. Section 8.02.060 shall be revised to change references to "California Building Code, 1998 Edition" to "California Building Code, 2001 Edition." 6. Section 8.03.010 shall be revised to change "California Electric Code, 1998 Edition" references to "California Electric Code, 2001 Edition." Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 5 7. Section 8.04.010 shall be revised to change "California Plumbing Code, 1998 Edition" references to "California Plumbing Code, 2001 Edition." 8. Section 8.04.020 shall be revised to change the reference to "California ~ Plumbing Code, 1998 Edition" to "California Plumbing Code, 2001 Edition." 9. Section 8.05.010 shall be revised to change the reference to "California Mechanical Code, 1998 Edition" to "California Mechanical Code, 2001 Edition." 10. Section 8.05.020 shall be revised to read as follows: "8.04.020 Deletion of Certain Parts of the California Mechanical Code The following portions of the California Plumbing Code, 2001 Edition are deleted: A. Section 115.2 (Permit Fees) B. Section 115.3 (Plan Review Fees) C. Table 1-1 (Mechanical Permit Fees)" 11. Chapter 8.06 No Changes to this Chapter 12. Chapter 8.07 No Changes to this Chapter 13. Section 8.08.010 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 14. Section 8.08.020 shall be revised to change the reference to "California Fire Code 1998 Edition" to" California Fire Code, 2001 Edition." 15. Section 8.08.030 shall be revised to change reference to "Uniform Fire Code" to "California Fire Code." 16. Section 8.08.040 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 17. Section 8.08.050 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 18. Section 8.08.070 shall be revised to change the reference to "California Code, 1998 Edition" shall be revised to "California Fire Code, 2001 Edition." Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 6 19. Section 8.08.090 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 20. Section 8.08.100 shall be revised to change the reference to "California Fire Code, 1 998 Edition" to "California Fire Code, 2001 Edition." 21. Section 8.08.120 shall be revised to change the reference to "California Fire Code, 1 998 Edition" to "California Fire Code, 2001 Edition." No Changes to the Remainder of Title 8