HomeMy WebLinkAbout95-22 Adopting 1994 Uniform Codes and 1993 National Electrical CodeORDINANCE NO. 95- a.2.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .
COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-1,
5-12 AND 5-65 OF TITLE 5 OF THE COSTA MESA
MUNICIPAL CODE BY ADOPTING THE 1994 UNIFORM
CODES AND 1993 NATIONAL ELECTRICAL CODE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
"Section 1. The City Council of the City of Costa Mesa does hereby find
and declare:
WHEREAS, the 1994 Uniform Administrative Code and 1994 Uniform Building
Code proposed a forty percent (40%) increase in building permit fees for new
construction In the City of Costa Mesa; and
WHEREAS, the data in support of the proposed increase in building permit and
plan check fees is not, in the opinion of City Council, sufficient to establish a finding
that the fees represent the reasonable estimated cost required to provide the services
for which the fees are charged; and
WHEREAS, the City will conduct a fee study to determine the reasonable
estimated . cost required to provide services set forth in the 1994 Uniform
Administrative Code and the 1994 Uniform Building Code before adopting an increase
of fees, if any, set forth therein."
Section 2. Section 5-1 of Chapter I, Title 5, of the Costa Mesa
Municipal Code is hereby amended to read as follows:
"Sec. 5-1 Uniform Codes Adopted.
For the purpose of prescribing regulations for erecting,
construction, enlargement, alteration, repair, improving, removal,
conversion, demolition, occupancy, equipment use, height, and area of
buildings and structures, the following Uniform Codes, subject to the
modifications set forth in this Chapter, are hereby adopted: the Uniform
Building Code, 1994 Edition, as published by the International Conference
of Building Officials, and including all appendices except Appendix A,
Chapter 4, Division 1, Chapter 13, Chapter 16, Division I and II, Chapter
19, Chapter 21, Chapter 30, Chapter 34, Section 3406.2; the Uniform
Mechanical Code, 1994 Edition, as published by the International
Conference of Building Officials, and International Conference of
Plumbing and Mechanical Officials and including all appendices; the
Uniform Housing Code, 1994 Edition, as published by the International
Conference of Building Officials; the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition, as published by the International
Conference of Building Officials; the Uniform Sign Code, 1994 Edition,
as published by the International Conference of Building Officials; the
National Electric Code, 1993 Edition, the Uniform Swimming Pool Code,
1994 Edition, and the Uniform Solar Energy Code, 1994 Edition, all as
published by the International Association of Plumbing and Mechanical
Officials; the Uniform Plumbing Code, 1994 Editioin, published by the
International Association of Plumbing and Mechanical Officials, including
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all appendices and the Uniform Administrative Code, 1994 Edition, as
published by the International Conference of Building Officials. For the
purpose of prescribing regulations for grading and excavations. the
Orange County Grading and Excavacation Code is hereby adopted. The
provisions of these Codes as amended by this Chapter shall constitute
the Building Regulations of the City of Costa Mesa. Where the California
Code of Regulations and State Building Standards Code of Regulations
differ from any sections of the Uniform Codes, State regulations shall
prevail over the Uniform Codes.
Three (3) certified copies of all of the above Codes and standards
therefore are on file in the City offices and are made available through the
City Clerk for public inspection.
Notwithstanding the provisions of the above -referenced uniform.codes,
all fees for services provided pursuant to the uniform codes shall not take effect until
a resolution for such fees is adopted by City Council pursuant to California
Government Code Sections 66016 and 66020.
Section 3. Section 5-2 of Chapter I of Title 5 is hereby amended by adding a
new subsection (e).
(e) Pursuant to Section 1-33.1 of this Code, the Building
Official and his deputies are designated as enforcement officials with
authority to issue citations for violations of this Code either as a
misdemeanor or an infraction."
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-Section 4. Section 5-12 of Chapter I, Title 5, of the Costa Mesa Municipal
Code is hereby amended to read as follows:
Sec. 5-12 Refund of Fees.
"Refund of any fee paid by the applicant pursuant to this Title may
be made as provided in the 1994 Uniform Building Code and the 1994
Uniform Administrative Code."
Section 5. Subsection (a) of Section 5-65 of Chapter IV, Title 5, of the Costa
Mesa Municipal Code is hereby amended to read as follows:
"(a) Except as provided herein, the swimming pool code of the
City shall be the Uniform Swimming Pool Code, 1994 edition, as set
forth in Section 5-1 of this Title."
Section 6. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this
Ordinance or its application to other persons. The City Council hereby declares that
it would have adopted this Ordinance and each chapter, article, section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that
any one or more subsections, subdivisions, sentences, clauses, phrases, or portions
of the application thereof to any person, be declared invalid or unconstitutional. No
portion of this Ordinance shall supersede any local, State, or Federal law, regulation,
or codes dealing with life safety factors.
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Section 7. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30) days
from and after its passage and, before the expiration of fifteen (15) days after its
passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a
newspaper of general circulation printed and published in the City of Costa Mesa, or,
in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days.prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published
the aforementioned summary and shall post in the office of the City Clerk a certified
copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED thiseday of 199
ATTEST:
1::2=� 7. QSL��
Deputyity Clerk
of the City of Costa Mesa
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Ma�Q
APPROVED AS TO FORM:
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 95-22 was
introduced and considered section by section at a regular meeting of the City Council held on
the 18th day of December, 1995, and thereafter passed and adopted as a whole at a regular
meeting of the City Council held on the 2nd day of January, 1996, by the following roll call
vote:
AYES: Erickson, Buffa, Hornbuckle, Genis, Monahan
NOES: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 3rd day of January, 1996.
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T.
Deputy CityClerk and ex -officio Clerk of
the City Council of the City of Costa Mesa