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ORD 483ORDINANCE NO. 483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2010 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, FIRE CODE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE, AND REFERENCED 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, geological, or topographical conditions which require modifications to the state approved rules. NOW, THEREFORE, the City Council of the City of La Quinta does 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, Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 2 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, 2011. SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least 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 into 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 this 16th day of November 2010, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None f�� 0N.^-, DON ADO PH, ayor City of La Quinta, California Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 3 ATTEST: VERONICA J. WNTECINO, CM"Q, City Clerk City of La Quih1ta, California (CITY SEAL) APPROVED AS TO FORM: M. KATH RINE JEN N, City Attorney City of La Quinta, California Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 4 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1. Section 8.01.010 shall be revised to change "2007 California Administrative Code" references to "2010 California Administrative Code." 2. Section 8.01.030 shall be renumbered as "8.01.020." 3. Section 8.01.070 shall be renumbered as "8.01.030." 4. Section 8.01.080 shall be renumbered as "8.01.040." 5. Section 8.02.010 body text shall be revised to read as follows: "Certain documents marked and designated as the "2010 California Building Code" Volumes 1 and 2, including Appendix Chapter C (Agricultural Buildings), Appendix Chapter F (Rodentproof ing), Appendix Chapter H (Signs), Appendix Chapter I (Patio Covers), and Appendix 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 regulations, provisions, conditions and terms of such "2010 California Building Code," 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." 6. Section 8.02.020 body text shall be revised to read as follows: "The following portions of the 2010 California Building Code are deleted: A. Section 113 (Board of Appeals) B. Section 105.2 (Work exempt from permit), Building, Items 2 and 4." 7. Section 8.02.060 shall be renumbered as "8.02.030" and body text revised to read as follows: "Section 903.2 of the 2010 California Building Code is amended to read as follows: Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved automatic sprinkler system shall be installed throughout any new building or structure where the fire area exceeds 5,000 square feet." Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 5 8. Section 8.02.080 shall be renumbered as "8.02.040" and revised to change "2007 California Building Code" reference to "2010 California Building Code." 9. Section 13.03.010 shall be revised to change "2007 California Electrical Code" references to "2010 California Electrical Code." 10. Section 8.03.040 shall be renumbered as "8.03.050." 11. Section 8.03.030 shall be renumbered as "8.03.040." 12. Section 8.03.020 shall be renumbered as "8.03.030." 13. Section 8.03.020 shall be added as follows: "8.03.020 Deletion of certain parts of the California Electrical Code. The following portions of the 2010 California Electrical Code are deleted: Section 89.108.8 (Appeals Board)." 14. Section 13.04.010 shall be .revised to change "2007 California Plumbing Code" references to "2010 California Plumbing Code." 15. Section 8.04.020 shall be added as follows: "8.04.020 Deletion of certain parts of the California Plumbing Code. The following portions of the 2010 California Plumbing Code are deleted: Section 1.8.8 (Appeals Board)." 16. Section 8.05.010 shall be revised to change "2007 California Mechanical Code" and "207 California Mechanical Code" references to "2010 California Mechanical Code." 17. Section 8.05.020 shall be added as follows: "8.05.020 Deletion of certain parts of the California Mechanical Code. The following portions of the 2010 California Mechanical Code are deleted: Section 110.0 (Board of Appeals)." 18. Section 8.08.010 body text shall be revised to read as follows: "Certain documents marked and designated as the "2010 California Fire Code," including Appendix Chapter 4 (Special Detailed Requirements Based on Use and Occupancy), Appendix B (Fire -Flow Requirements for Buildings), Appendix. BB (Fire -Flow Requirements for Buildings), Appendix C (Fire Hydrant Locations and Distribution), Appendix CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads [Section D106 only]), Appendix F (Hazard Ranking), Appendix H (Hazardous Materials Management Plans and Hazardous Materials Inventory Statements), Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 6 Appendix I (Fire Protection Systems - Noncompliant Conditions), and Appendix J (Emergency Responder Radio Coverage) published by the California Building Standards Commission 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 "2010 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." 19. Section 8.08.020 title shall be revised to change "Definitions" to "Deletion of certain parts of the California Fire Code." 20. Section 8.08.020 body text shall be revised to read as follows: "The following portions of the 2010 California Fire Code are deleted: Section 108 (Board of Appeals)." 21. Section 8.08.050 shall be renumbered as "8.08.040." 22. Section 8.08.070 shall be renumbered as "8.08.050." 23. Section 8.08.090 shall be renumbered as "8.08.060" and body text revised to read as follows: "Section 903.2 of the 2010 California Fire Code is amended to read as follows: Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved automatic sprinkler system shall be installed throughout any new building or structure where the fire area exceeds 5,000 square feet." 24. Section 8.09.040 shall be revised to change "8.01.030" reference to "8.01.020," and to change "8.01.030B" reference to "8.01.020(B)." 25. Section 8.14.010 shall be revised to change "2007 California Energy Code" references to "2010 California Energy Code." 26. Section 8.15.010 shall be revised to change "2007 California Historical Building Code" references to "2010 California Historical Building Code." 27. Section 8.16.010 shall be revised to change "2007 California Existing Building Code" references to "2010 California Existing Building Code." Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 10, 2010 Page 7 28. Chapter 8.17 title shall be revised to read as follows: "Referenced Standards Code." 29. Section 8.17.010 shall be revised to change "2007 California Referenced Standards Code" references to "2010 California Referenced Standards Code." 30. Chapter 8.18 shall be added as follows: "Chapter 8.18 RESIDENTIAL CODE 8.18.010 Adoption of the California Residential Code. Certain documents marked and designated as the "2010 California Residential Code," including Appendix H (Patio Covers), published by the California Building Standards Commission are adopted for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto. Each and all of the regulations, provisions, conditions and terms of such "2010 California Residential Code," 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. 8.18.020 Deletion of certain parts of the California Residential Code. The following portions of the 2010 California Residential Code are deleted: Section 1 .8.7 (Appeals Board). 8.18.030 Fire -retardant roofing materials required. A. With the exception of patio covers and similar structures, as determined by the building official, roof covering shall be of a Class A raising and shall otherwise conform with 2010 California Residential Code Chapter 9. B. Exception: A waiver may be granted on an addition or roof repair where it does not consist of twenty-five percent or more of the existing roof area and where the existing combustible roof was constructed within twenty- five years." 31. Chapter 8.19 shall be added as follows: "Chapter 8.19 GREEN BUILDING STANDARDS CODE 8.19.010 Adoption of the California Green Building Standards Code. Certain documents marked and designated as the "2010 California Green Building Standards Code," published by the California Building Standards Commission are adopted to improve public health, safety and general welfare Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 8 by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. Each and all of the regulations, provisions, conditions and terms of such "2010 California Green Building Standards Code," 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." No Changes to the Remainder of Title 8. Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 145, 2010 Page 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) 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. 483 which was introduced at a regular meeting on the 2"d day of November 2010, and was adopted at a regular meeting held on the 161h day of November 2010, 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 Lp� Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J NIONTECINO, CIVIC, City Clerk City of La Qruinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on November 2-2-, 2010, pursuant to Council Resolution. c VEROKIC'A J. N�ONTECINO, CMC, City Clerk City of La Quin ta, California