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HomeMy WebLinkAbout1711 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 8210 AND 8230 OF THE CITY OF ARCADIA' PLUMBING CODE SET FORTH IN ARTICLE VIII, ADOPTING THE UNIFORM PLUMBING CODE 1979 EDITION, AND WITH CHANGES, ADDITIONS, AND DELETIONS THERETO AND FINDINGS THEREFOR, REPEALING SECTIONS 8230.1 AND 8230.2 AND READOPTING SECTIONS 8230.7 AND 8230.8. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding to, amending and repealing certain sections of Article VIII thereof as follows: A. Section 8210 is hereby amended to read as follows: "8210. UNIFORM PLUMBING CODE ADOPTED. VIOLATIONS. (a) ,The Uniform Plumbing Code, 1979 Edition, published by the International Association of Plumbing and Mechanical Officials including all of its indices and appendices, and except said portions as are hereinafter deleted, mod,ified, or amended by Part 3 of this Chapter, is by this reference, hereby adopted and made a part of this Section as though set forth in this Section in full, together with Part 3 of this Chapter, shall constitute and be known as the 'Plumbing Code of the City of Arcadia'. (b) Three (3) copies of said Uniform Plumbing Code are on file in the office of Clerk for public record and inspection. the City (c) No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or fixture attached thereto in violation of said Plumbing Code of the City of Arcadia. Any such violation is a misdemeanor punishable pursuant to Section 1200 of the Arcadia Munic ipal Code." B. Section 8230 is hereby amended to read as follows: "8230. AMENDMENT. Part 1 of the Uniform Plumbing Code is hereby amended to read as follows: TITLE. INTENT AND PURPOSE 10.1 TITLE. This Code shall be known as the Plumbing Code. Wherever the word Code is used herein, it shall mean Plumbing Code of the City of Arcadia. 10.2 INTENT. The intent of this Code is to provide more uniform requirements and enforcement with provisions for interpretations and revisions. This Code includes local requirements not covered by the Uniform Plumbing Code or regulations of the State of California. Where provisions of this Code conflict with other regulations, the most restrictive provisions shall apply. 10.3 PURPOSE. It is the purpose of this Code to provide basic minimum provisions considered necessary for safety, efficiency, adequacy and the practical safeguarding of persons and of buildings, structures and their contents from hazards arising from the use' of plumbing, gas and drainage systems. 10.4 (a) EXISTING INSTALLATIONS. Any plumbing system lawfully installed prior to the effective date of this its existing use, maintenance or repair continued if the use, maintenance Code may have or repair is in accordance with the original design and location and p~blic health, safety or welfare has been created by such system. no hazard to the -1- 1711 of the plumbing system in a safe and sanitary condition. 10.5 AUTIlORITI TO ABATE. (a) Any portion of a plumbing system found by the Building Official to be insanitary, as defined herein, is hereby declared to be a nuisance. (b) Whenever brought to the attention of the department having jurisdiction that any insanitary conditions exist or that any construction or work regulated by this code is dangerous, unsafe, insanitary, a nuisance or a menace to life, health or property, or otherwise in violation of this code, the said department may request an investigation by the Building Official who, upon determining such information to be fact, shall order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof, to discontinue the use or maintenance thereof or to repair, alter, change, remove, or demolish same as he may consider necessary for the proper protection of life, health or property and in the case of any gas piping or gas appliance, may order any person, firm or corporation, supplying gas to such piping or appliance to discontinue supplying gas thereto until such piping or appliance is made safe to life, health or property. Every such order shall be in writing, addressed to the owner, agent or person res- ponsible for the premises in which such condition exists and shall specify the date or time for compliance with such order. (c) Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Code. (d) When any plumbing system is maintained in violation of this Code and in viola- tion of any notice issued pursuant to the provisions of this Section of where a nuisance exists in any building or on a lot on which a building is situated, the Building Official shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct or abate the violation or nuisance. ADMINISTRATION 20.1 DUTIES OF TIlE BUILDING OFFICIAL. (a) The Building Official of the City of Arcadia or his designated representative has authority to enforce all provisions of this Code. He may, upon application, grant permits for the installation or alteration of plumbing systems, devices, appliances and equipment. He shall make such inspections and reinspections,of the installation, main- tenance and repair of all plumbing systems, connections, fixtures, appliances, machinery, equipment and work inside, outside, overhead or underground within the City of Arcadia, or as he determines necessary'or advisable. (b) Whenever the term or title "Administrative Authority", "Building Official", or other similar designation is used herein, it shall be construed to mean the Chief Building Official of the City of'Arcadia. . 20.2 INTERPRETATIONS. In cases where the rapid development in the application and use of plumbing systems or new and special or unusual methods of building construction create problems or conditions which are not clearly contemplated in the making of the sections in this Code pertaining to plumbing systems, and make literal application of the rule or rules impracticable, the Building Official is hereby empowered to make inter- pretations in the form of his own rules wherever there is a question as to motive or -2- 1711 of any provision herein; provided, however, that any person who feels himselt aggrieved by any rule or rules made by the Building Official in accordance with the foregoing, shall, within thirty (30) days from the effective date thereof, have the right to appeal such rule or rules for a review and determination of the reasonableness thereof. 20.3 RIGHT OF ENTRY. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in this Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code, provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having charge, care or control of any building or premise shall fail or neglect after proper demand is made as herein provided, to properly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code. Any person violating this Subsection shall be guilty of a misdemeanor. PERMITS AND FEES 30.1 PERMITS. (a) It shall be unlawful for any person to install, remove, alter, repair or repIllce or cause to be installed, removed, altered, repaired or replace any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building, structure, or premises without first obtaining a permit to do such work from the Building Official. (b) ^ separate permit shall be obtained for each building or structure. (c) No person shall allow any other person to do or cause to be done any work under a permit secured by a Permittee except persons in his employ. 30.2 WORl{ NOT REQUIRING A PERiVIlT. (a) No permit shall be required in thc case of any repair work as follows: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes neceS'iary to remove and replace the same with -new material in any part or parts, the same shall be consicered as such new work and a permit shall be Procured an'.inspection made as herein before proviced. No permit shall be required for the cleaning or stoppages or the repairing of leaks in pipes, valves, or fixtures, whcn such repuirs do not involvc or require thc rcplacement or rcarrangement of vulves, pipes or rixtul'cs. (b) Inst:IlLllions used by watcr, gas, or drainugc supply agencics in the exercise of their (unctions as a public utility. (c) {ns(allurion, altcration or repair of plumbing systems installed for or by a WIller, :;as, or drainagc supply ugency for the use of such agency in their production, transmission, distribution or metering. 30.3 APPLICATIONS FOR PERMIT. Application for plumbing permits describing the work to be done shall be in writing to, and on forms sup- plied by, the Building Official. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine compliance with applicable sections of the 1979 Uniform Plumbing Code. If it is found that the installation as described con- forms to all provisions of the Code, a permit shall be issued. How- ever, no permit shall be issued if it would conflict with or be in violation of any provisions of the Arcadia Municipal Code. No deviation from the installation described in the permit shall be made without the approval of the Building Official. -3- 1711 30.-1 ISSUANCE OF PER:\1ITS. Plumbing permits shall be issued only to state liccnsed contractors or their respective authorized representatives, but only to the extent and for the work the person is licensed by the State of California to do. Exception: A homeowner's permit may be issued to an owner to do any work regulatcd by this Code pertaining to plumbing in a single family dwelling used exclusively for living purposes including the usual accessory buildings and quarters associated with single family dwellings. In order to qualify under this exception the person making application must be the bona fide owner and occupant of the dwelling unit for which application is submitted. 30.5 FEES. Fees for plumbing permits and plumbing plan checking shall be as cstablishcd by resolution of the City Council. 30.6 WORI< WITHOUT PERil-lIT. No plumbing work for which a permit is required shall bc commenced in any building or permises until a permit to do such work shall have first been obtained. Where work for which a permit is required by this Code is started or commenced prior to obtaining a permit, the total fees as herein specified shall be doubled the paymcnt of such double fees and shall not rclieve the person from complying with requirements of this Code in the execution of the work, nor from MY other penalties prescribed herein. Exception: Doublc fees will not be assessed for emergency repair or installation done outside of normal working hours and permit application is made within three working days after commencement of the emergency work. 30.7 NO' PER:\lIT SHALL BE TRANSFERABLE. A plumbing permit is not transferable. If applicable, refunds shall be made as per Section 30.10 and a new permit shall be issued. 30.8 EXPIR.-\TION OF PER.\lITS. Every pcrmit shall expire and become null and void by limitation for anyone or more of the following reasons: (,,) \\hcncvcr the plumbing autllOrizcd by a permit is not commcnccd within onc hundred ci~hty (I SO) days from thc d3 te of issuance of such permi t. (b) \\"Ilcncvcr the plumbing 3uthorizcd by u permit has been suspended, abandoned. or discontinued for a continuous period of one hundred eighty (180) cays. (cl Upon written request of the applicant, within 180 d3Ys of issuance, [l,'oviced no portion of the work authorizcd by such pcrmit has been completed in accordance with this Code. (d) \\'hencvcr the plumbing done during any continuous period of 180 days amounts to less th3n ten percent (10%) of the total of the plumbing authorized by such permit. Beiore recommencing plumbing formerly authorized by such permit, a new permit shnll be obtained therefore. Thc fce for renewal oi an expired permit shall be one haif the fee required for a new permi t provided such suspension or abandonment h3S not exceeded one year. 30.9 REVOCATIONS AND SUSPENSIONS OF PERl>lITS.The Building Official may suspend or revoke any plumbing permit for any of the following reasons: (a) If any reason if found to exist which would have been cause for deni3l of such permi t. (b) Any material misrepresentation or falsity in the application upon which said permit is issued. (c) For failure to comply with the provisions of the section in this Code pert3ining to plumbing; after due notice of corrections and the time limit thereiorc has expired; or for failure to comply with other codes of this juris- diction that may be related to or appertain to the sctions in this Code pertaining to plumbing. 30.iO REFUNDS. In the event that any person shall have obtained plumbling permit and no portion of the work shall have commenced and said permit has not expired as provided for in section 30.8, the permittee upon written request to the Building Official shall be entitled to a refund in an amount equal to eighty percent (80%) of thc permit fee actually paid for such permit; however, the portion of the fee retained shall not be less than ten dollars ($10.00). In case a permit is issued in error by the Building Official, all fees shall be returned to the applicant upon receipt of wri tten request by the applicant. -4- 1711 has been performed in which case eighty percent (80"6) of the plan checking fee shall be refunded; however, the portion of the fee retained shall not be less than ten dollars ($IO.OOJ. The Building Official shall satisfy himself as to the right of such applicant to receive refund. INSPECTION AND ENfORCEMENT 40.1 INSPECTIONS AND CORRECTIONS. (a) All plumbing and drainage systems shall be inspected by the Building Official to insure compliance with all the requirements of this Code. (b) !t shall be the dutv of the Derson doing the work authorized by the permit to notify the Building Or"ficial orally or in writing that said work is rend,. for inspcction. Such notification shall be given not le5S than twenty-four (2.\) hours before the work is to be inspected. (c) It shall bc the duty of the person doin~ the work authorized by the permit to make sure that thc work will stand thc tests prescribed elsewhere in this Codc bcfore giving the above notification. (d) Wilen any part of a plumbing, gas or drainage system installation is to be hidden bv the permanent placement of parts of the building, the person, firm or corporati'on inst'lUing the plumbing shall notify tile Building Official, and such parts of the plumbing, gas or drainage system installation shall not be concealed until thev have been inspected and approved. The Building Official shall have the power to remove or require the removal of any obstruction tha t prevents proper inspection of any plumbing, gas or drainage system. (e) If upon inspection the installa tion is not found to be fully in compliance with the provision of this Code, the Building Official shall at once notify the person. fi rm or corpora tion making the installa tion sta ting the defects which have been found to exist. All defects shall be corrected within ten (10) days after inspection and notification or written reasonable time as permitted by the Building Official. 40.2 STOP ORDERS. Whenever any work is being done contrary to the provisions of this Code, the Building Official or his designated representative may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. 40.3 CLEARANCE Of CONNECTION Of GAS UTILITY. There shall be no clearance for connection of a gas utility until final approval is given for any building sought to be connected to such utility and until all other applicable laws and ordinances have been complied with unless approval has first been obtained from the Building Official. . 40.4 TE;VIPORARY OR RELOCATED BUILDINGS OR STRUCTURES. Plumbing, gas or drainage systems in tempol'ary or relocated buildings and structures shall comply with provisions of this Code for new buildings. 40.5 CONNECTION TO SOURCE OF SUPPLY. !t shall be unlawful for any person, firm or corporation to make connection from a source of water, gas or sewer service or the supply such service to any plumbing devices, appliance or equipment for the installation of which a permit is required, unless such person, firm or corporation shall have obtained satisfactory evidence from the Building Official tha t such plumbing devices, appliance, or equipmen t are in all respects in conformity with all applicable legal provisions. 40.6 LIABILITY. The Building Official, or his authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdic tion until final termination of such proceedi ngs. This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects. nor shall the City be held as assuming any such liability by reasons of the inspections authorized by this Code or any certificates oi inspection issued under this Code. -5- 1711 to violate any provision or to fail to comply with any of the requirements of this Code. Any person, firm or corporation violating any provision of this Code or failing to comply with any of its requirements shall be deemed guilty of a mis- demeanor and upon conviction thereof, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this Code is committed continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any viola- tion of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on there- under when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error. 40.8 BOARD OF APPEALS. The City Council of the City of Arcadia shall act as a Board of Appeals in making a correct determination of any appeal arising from actions of the Building Official. Appeals shall be made in writing and the appellant may appear in' person before the Board or be represented by an attorney and may introduce evidence to support his claims. Appeals shall be heard at reasonable times at the convenience of the Board but not later than 30 days after receipt thereof. The appellant shall cause to be made at his own expenses any tests or research required by the Board to substantiate his claims." SECTION 2. Sections 8230.7 and 8230.8 of the Arcadia Municipal Code are by this reference incorporated herein as though fully set forth, and are hereby readopted and found to be necessary by local conditions existing in the City of Arcadia. SECTION 3. Sections 8230.1 and 8230.2 of the Arcadia Municipal Code are hereby repealed. SECTION 4. Pursuant to Health and Safety Code Sections 17958.5 and 17958.8, a City makes such modifications in the requirements of the regulations adopted pursuant to Health and Safety Code Section 17922 as it determines to be reasonably necessary because of local conditions and the City Council of the City of Arcadia determines that the modifications set forth herein are in fact reasonably necessary because of local conditions as set forth more fully below. (a) It is reasonably necessary because of local conditions to modify and supple- ment Part 1 of the Uniform Plumbing Code 1979 Edition, dealing with administration and enforcement, in order to provide for efficient and orderly operation of the Building Division. (b) It is reasonably necessary because of local conditions to modify and add Sections to Section 903 and Appendix G of the Uniform Plumbing Code, 1979 Edition, in order to provide for increased public safety convenience and economy in plumbing installation, and also to clarify and make specificcthe intent of the Uniform Plumbing Code. SECTION 5. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guJlty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jail, or County Jail for a period not exceeding six months, or b; both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. 1711 -6- SECTION 6. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 portions of this ordina:lce. The Citc' Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence) clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for vio1a:ion of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the. collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 9. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adop:ion. PASSED ~~D ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet- ing held on the 18th day of November, 1980. ~dae ~ 7J,A{ ~ City Clerk of the City of Arcadia Y.ayor .. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on tne 18thday of NOVl!IIlber, 1980, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: AB SENT: Councilmen Dring, Haltom, Saelid and Pel1egr~no ;:::0","" "" ~ ~ Cit y Clerk -7- 1711