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ORD 447 ORDINANCE NO. 447 ANI ORDINANCE OF THE CITY OF LA GUINTA, CALIFORNIA REVISING TITLE 8 ENTITLED "BUILDINGS ANID CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING ST.ANDARDS COMMISSION: 2007 CALIFORNIA ADMINISTRATIVE CODE, 2007 CALIFORNIA BUILDING CODE, 2007 CALIFORNIA ELECTRICAL CODE, 2007 CALIFORNIA MECHANICAL CODE, 2007 CALIFORNIA PLUMBING CODE, 2007 CALIFORNIA ENERGY CODE, 20107 CALIFORNIA FIRE CODE, 2007 CALIFORNIA HISTORICAL BUILDING CODE, 2007 CALIFORNIA EXIISTING BUILDING CODE, AND 2007 CALIFORNIA REIFERENCED STANDARDS CODE. WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; and 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~. 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 relatEld 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. 447 Municipal Code Chapter 8 2007 California Building Standards Adopted: November 20. 2007 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 January 1, 2008. 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 20th day of November, 2007, by the following vote: Ordinance No. 447 Municipal Code Chapter 8 2007 California Building Standards Adopted: November 20, 2007 Page 3 AYES: COlUncil Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None ~o~ City of La Quinta, California ATTEST: f( ERONICA J. iii tECINO, CMC, City Clerk ... City of La Quinta, California (City Seal) Ordinance No. 447 Municipal Code Chapter 8 2007 California Building Standards Adopted: November 20. 2007 Page 4 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled" Buildings and Construction," shall be amended as follows: 1. Chapter 8.01 Sections heading 8.01.010 shall be revised to change "Adoption of the Uniform Administrative Code" reference to "Adoption of the California Administrative Code." 2. Section 8.01.010 heading shall be revised to "Adoption of the Uniform Administrative Code" reference to "Adoption of the California Administrative Code." 3. Section 8.01.010 shall be revised to change "Uniform Administrative Code, 1997 Edition" references to " 2007 California Administrative Code." 4. Section 8.01.010 shall be revised to change "International Conference of Building Officials" references to "California Buildin!!'Standards Commission." 5. Section 8.01.020 heading and body text is deleted in its entirety. 6. Section 8.01.040 heading and body text is deleted in its entirety. 7. Section 8.01.050 heading and body text is deleted in its entirety. 8. Section 8.01.060 heading and body text is deleted in its entirety. 9. Section 801.070 E. shall be revised to read as follows: "Refusal to comply with this section shall be a misdemeanor and sufficient cause for the suspension of the issued building permit pending compliance." 1 O. Section 8.02.010 shall be revised to read as follows: "Certain documents marked and designated as the "2007 California Building Code" Volumes 1 and 2, including Appendix Chapters 1 (Administration). Chapter C (Agricultural Buildings), Chapter I (patio Covers) and Chapter J (Grading) 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 Ordinance No. 447 Municipal Code Chaptel' 8 2007 California Buildingl Standards Adopted: November 20. 2007 Page 5 regulations, provIsions, conditions and terms of such "California Building Code, 2007 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. 11. Section 8.02.020 is revised to read as follows: "The following portions of the 2007 California Building Code are deleted: A. Appendix Chapter 1 Section 112 (Board of Appeals) B. Appendix Chapter 1 Section 105.2 Building 2., 4., and 9. 12. Section 8.02.030 heading and body text is deleted in its entirety. 13. Section 8.02.060 is revised to read as follows: "Section 903.2 of the 2007 Califomia Building Code is amended to read as follows: Where Required. Other requirements of this Section notwithstanding, an automatic fire- extinguishing system shall be installed in all buildings where the gross floor area exceeds 5,000 square feet, except Group R, Division 3. 14. Section 8.02.070 heading and body text is deleted in its entirety. 15. Section 802.080 reference to "Uniform Building Code Standards No. 15-2" is revised to read "2007 California Building Code Section 1505." 16. Section 8.02.090 heading and body text is deleted in its entirety. 17. Section 8.03.010 references to "2004 California Electrical Code" are revised to "2007 California Electrical Code" 18. Section 8.03.020 Article 120.7 second paragraph is revised to remove the words. "or renewed". 19. Section 8.03.020 Article 120.7 third paragraph is revised to change" International Conference of Building Officials" to "International Code Counc:il". 20. Section 8.04.010 references to " California Plumbing Code 2001 Edition" are revised to "2007 California Plumbing Code" Ordinance No. 447 Municipal Code Chapter 8 2007 California Building Standards Adopted: November 20. 2007 Page 6 21. Section 8.04.020 heading and body text is deleted in its entirety. 22. Section 8.04.040 heading and body text is deleted in its entirety. 23. Section 8.05.010 references to" California Mechanical Code 2001 Edition" are revised to "2007 California Mechanical Code" 24. Section 8.05.020 heading and body text is deleted in its entirety. 25. Section 8.08.010 is amended to read as follows: "8.08.010 Adoption of the California Fire Code Certain documents marked and designated as the "2007 California Fire Code, "including all appendices, with the exception of Appendix A, Board of Appeals and Appendix D, Fire Apparatus Roads, and Section 108 of Appendix Chapter 1, are adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Each and all regulations, provisions, conditions and terms of such "2007 California Fire Code," published by California Building Standards Commission in cooperation with the International Code Council, 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, except as otherwise provided in this chapter." 26. Section 8.08.020 change references to "California Fire Code 2001 Edition" are revised to "2007 California Fire Code" 27. Section 8.08.040 heading and body text is deleted in its entirety. 28. Section 8.08.050 the first sentence is deleted. The rest of the section remains unchanged. 29. Section 8.08.060 heading and body text is deleted in its entirety 30. Section 8.08.070 delete the first and third sentence of the section. Delete bold text "902.2" preceding "Controlled Access", rest of section to remain the same. Ordinance No. 447 Municipal Code Chapteif 8 2007 California BuildinU Standards Adopted: November 21), 2007 Page 7 31. Section 8.08.090 first sentence is amended to read as follows: "Section 903.2 of the 2007 California Fire Code, is amended by adding the following: An approved automatic fire sprinkling system shall be installed in every building hereaftE1r constructed, containing Group A,B,E,F,H,I,M,S,U, and R10cGupancies where the gross floor area is 5,000 square feet or more, regardless of stories." Remainder of the section remains unchanged. 32. Section 8.08.100 heading and body text is deleted in its entirety. 33. Section 8.08.120 heading and body text is deleted in its entirety. 34. Section 8.14.010 references to "2005 California Energy Code" are revised to "2007 California Energy Code" 35. Section 8.14.020 heading and body text is deleted in its entirety. 36. Chapter 8.15 shall be added as follows: "Chapter 8.15 HISTORICAL BUILDING CODE 8.15.010 Adoption of the California Historical Building Code Certain documents marked and designated as the "2007 California Historical Building Code," published by the California Building Standards Commission, are adopted to facilitate the preservation and continuing use of qualified histOlrical buildings or properties while providing reasonable safety for the building occupants and access for persons with disabilities. Each and all of the mgulations, provisions, conditions, and terms of such "2007 California Historical Building 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." Ordinance No. 447 Municipal Code Chapter 8 2007 California Building Standards Adopted: November 20. 2007 Page 8 37. Chapter 8.16 shall be added as follows: "Chapter 8.16 EXISTING BUILDING CODE 8.16.010 Adoption of the California Existing Building Code Certain documents marked and designated as the "2007 California Existing Building Code," published by the California Building Standards Commission, are adopted to promote public safety and welfare by reducing the risk or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings. Each and all of the regulations, provisions, conditions, and terms of such "2007 California Existing Building 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." 38. Chapter 8.17 shall be added as follows: "Chapter 8.17 REFERENCE STANDARDS CODE 8.17.010 Adoption of the California Referenced Standards Code Certain documents marked and designated as the "2007 California Referenced Standards Code," published by the California Building Standards Commission, are hereby adopted. Each and all of the regulations, provisions, . :;:)nditions, and terms of such "2007 California Referenced Standards 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. 10 Changes to the Remainder of Title 8 Ordinance No. 447 Municipal Code Chapter n 2007 California Building Standards Adopted: November 20, 2007 Page 9 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUII\lT A ) I, VERONICA J. MONTECINO, 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. 447 which was introduced at a regular meeting on the 6th day of November, 2007, and was adopted at a regular meeting held on the 20th day of November, 2007, 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 Q 'nta as specified in City Council Resolution No. 2006-115. .~#X VERONICA J. NTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City k La Quinta, California, do hereby certify that the foregoing ordinance was posted on,,{ ~?t:l ;I!}j? pursuant to Council Resolution. ' VERONICA J. Me C , CMC, City Clerk City of La Quir>!a, California