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ORD 417ORDINANCE NO. 417 AN ORDINANCE OF THE CITY OF LA QUINTA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE 2004 CALIFORNIA ELECTRICAL CODE; AND THE 2005 CALIFORNIA ENERGY CODE. 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 require 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 "Buildings 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. 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 $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 2 SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect starting on August 1, 2005. SECTION 6. POSTING. The City Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7tn day of June, 2005, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ATTEST: GREEK, CMC, ' y Clerk City of La Quinta, California (City Seal) ylvao$ a_ 4.,. DON ADOLPH, ayor City of La Quinta, California Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 3 APPROVED AS TO FORM: W KATH'ERIOE JENSON, Ci City of La Quinta, California Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 4 EXHIBIT "A" ORDINANCE NO. 417 Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1. Chapter 8.01 No Changes 2. Chapter 8.02 No Changes 3. Chapter 8.03, Sections heading 8.03.010 shall be revised to change "Adoption of the California Electric Code" reference to "Adoption of the California Electrical Code." 4. Section 8.03.010 heading shall be revised to change "Adoption of the California Electric Code" reference to "Adoption of the California Electrical Code." 5. Section 8.03.010 shall be revised to change "California Electric Code, 2001 Edition" references to " 2004 California Electrical Code." 6. Section 8.03.020 shall be revised to change "The following shall be added as a new article to Chapter 1 " reference to "The following shall be added as a new article to Chapter 1 of the California Electrical Code." 7. Section 8.03.020, shall be revised to change: "120-1 " references to "120.1;" "120-2" references to "120.2;" "120-3" references to "120.3;" "120-4" references to "120.4;" "120-5" references to "120.5;" "120-6" references to 120.6;" and 120-7" references to 120.7." 9. Section 8.03.020, Article 120.2(c) shall be revised to change "National Electrical Code" reference to "California Electrical Code." 8. Section 8.03.030 shall be revised to change "Section 310-5 of the Uniform Electrical Code" reference to "Article 310.5 of the California Electrical Code." 10. Section 8.03.040 shall be revised to change "The following shall be added as a new article to Chapter 8 of the National Electrical Code" reference to "The following shall be added as new articles to Chapter 8 of the California Electrical Code." 11. Section 8.03.040, shall be revised to change: "840-1 " references to "840.1;" and "840-2" references to "840.2." Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 5 12. Section 8.03.040 shall be revised to change "The following shall be added as a new article to Chapter 8 of the National Electrical Code" reference to "The following shall be added as new articles to Chapter 8 of the California Electrical Code." 13. Chapter 8.14 shall be added as follows: "Chapter 8.14 ENERGY CODE 8.14.010 Adoption of the California Energy Code Certain documents marked and designated as the "2005 California Energy Code," published by the California Building Standards Commission, are adopted to make businesses, homes, and appliances more energy efficient through the development and implementation of energy efficiency building standards. Each and all of the regulations, provisions, conditions, and terms of such "2005 California Energy Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made a part of this code as if fully set out in this chapter. 8.14.020 Modification of certain parts of the California Energy Code Pursuant to 2001 California Building Standards Administrative Code, Section 10-106, the effective date of the 2005 California Energy Code shall be revised from "October 1, 2005" to "August 1, 2005."" No Changes to the Remainder of Title 8 Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 417 which was introduced at a regular meeting on the 171h day of May, 2005, and was adopted at a regular meeting held on the 7th day of June, 2005, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. J QNVS: GREEK, CMC, CI erk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on l%%&v,-e, Iq .20aS- pursuant to Council Resolution. J. D--�a�ES. GREEK, C �tvClerk City of La Quinta, California