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HomeMy WebLinkAbout2002-11-12 Ordinance 4770ORDINANCE NO. 4770 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING PART 5 OF THE 2001 CALIFORNIA BUILDING STANDARDS CODE (2000 UNIFORM PLUMBING CODE) i AMENDING CHAPTER 16.08 OF THE PALO ALTO MUNICIPAL CODEi AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO The Council of the City of Palo Al to does ORDAIN as follows: SECTION 1. Chapter 16.08 of the Palo Alto Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 16.08 PLUMB:IN'G CODE 16.08.010 The 1998 California Plumbing Code adopted. The "California Plumbing Code, II being Part 5 of the 2001 California Building Standards Code, Title 24 of the California Code of Regulations, is adopted and by this reference made a part of this code with the same force and effect as though set out in full. The California Plumbing Code consists of the "Uniform Plumbing Code, 2000 Edition," but excluding all appendices, promulgated by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789-2825, which regulates the installation, alteration, repair, removal, conversion, use and maintenance of plumbing, gas, swimming pools, drainage systems and other similar work and provides for the issuance of permits for the doing of such work, as modified by the California Building Standards Commission. A copy of the California Plumbing Code is on file for public inspection in the office of the building official. 16.08.020 Violations--Penalties. Any person, firm or corporation violating any prov1s1on of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of Section 1.08.010 of this code. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as provided in this section. 1 021203 smOO531l9 16.08.30 Enforcement--Citation authority. The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations; persons employed in such positions are authorized to exercise the authority provided in Penal Code section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) chief building official; (2) assistant building official; (3) building inspection supervisor; and (4) code enforcement officer. 16.08.040 Dangerous and unsanitary construction. (a) Any portion of a plumbing system found by the building official to be unsanitary as defined in this chapter is declared to be a nuisance. (b) Whenever brought to the attention of the department having jurisdiction that any unsanitary conditions exist or that any construction or work regulated by this chapter is dangerous, unsafe, unsanitary, a nuisance or a menace to life, health, or property or otherwise in violation of this chapter, the 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 the building official may consider necessary for the proper protection of life, health or property and, in the case of 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. (c) Refusal, failure or neglect to comply with any such notice or order is unlawful. (d) When any plumbing system is maintained in violation of this chapter or in violation of any notice issued pursuant to the provisions of this chapter or where a nuisance exists in any building or on a lot on which a building is situated, the building official may institute any appropriate action or proceeding in any court or competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance. 16.08.050 Permit fees. (a) Every applicant for a permit to do work regulated by this chapter shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and the amount and kind of connection therewith, together with such information pertinent thereto as may be required. Such 2 021203 sm 0053119 applicant shall pay for each permit issued, issuance, a fee in accordance with the municipal the rate provided for each classification shall schedule. at the time of fee schedule, and be shown in that (b) Any person who commences any work for which a permit is required by this chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by the municipal fee schedule for such work; provided, however, that this provision shall not apply to emergency work when it is proven to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as provided in the municipal fee schedule shall be charged. 16.08.060 Extra inspections. When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of the holder's agents or employees, only one such extra inspection shall be made under the regular fees as prescribed in this chapter. For each and every further extra visit or inspection for which the holder of the permit or the holder's employees is entirely responsible, a fee shall be charged as set forth in the municipal fee schedule. 16.08.070 Section 305.4 added. Section 305.4 is added to the California Plumbing Code to read: 305.4 All non-domestic waste shall comply with the City of Palo Alto Sewer Use Ordinance. (Palo Alto Municipal Code Chapter 16.09.) 16.08.080 Subsection 601.4 added. Section 601.4 is added to the California Plumbing Code to read: 601.4 Hose Bib. All commercial and industrial buildings whose building face is parallel to the City sidewalk shall have a hose bib connection installed, conveniently available to accommodate persons washing the building face, watering plants or washing down of city sidewalks. II 3 021203 sum 0053119 16.08.090 Section 604.0 amended Section 604.0 is amended to read: Section 604.0 Materials 604.1 Water distribution pipe, building supply water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other approved materials. Asbestos-cement, CPVC, PE, PVC, or PEX_water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. CPVC, PEX water pipe, tubing, and fittings, manufactured to recognized standards may be used for hot and cold water distribution systems within a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. 604.11 PEX. Cross-linked polyethylene (PEX) tubing shall be marked with the appropriate standard designation(s) listed in Table 14-1 for which the tubing has been listed or approved. PEX tubing shall be installed in compliance with the provisions of this section. 604.11.1 PEX Fittings. Metal Insert Fittings and Metal Compression Fittings used with PEX tubing shall be manufactured to and marked in accordance with the standards for the fittings in Table 14-1. 604.11.2 Water Heater Connections. PEX tubing shall not be installed within the first eighteen (18) inches (457 mm) of piping connected to a water heater. 16.08.100 Subsection 719.7 added. Subsection 719.7 is hereby added to the California Plumbing Code to read: 719.7 A cleanout shall be provided at the point of connec- tion between the house line and the city lateral and an approved fitting shall be used to bring the cleanout riser to grade. When sewer cleanouts are to be connected to existing city laterals, such connections shall be accomplished by use of an approved fitting. 16.08.110 Section 103.4 deleted. California Plumbing Code Section 103.4 (Permit Fees) is deleted. SECTION 2. The Council adopts the findings for newly enacted local amendments to the 2001 California Plumbing Code, attached hereto as Exhibit "A" and incorporated herein by reference. 4 021203 sum 0053119 SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment. SECTION 4. This ordinance shall become effective upon the commencement the thirty-first day after the date of its adoption, provided, however, the provisions herein enacted shall be operative from and after November 1, 2001. INTRODUCED: October 21, 2002 PASSED: November 12, 2002 AYES: BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE, MORTON, MOSSAR, OJAKIAN NOES: ABSENT: BEECHAM ABSTENTIONS: ATT~ City Clerk Mayor / APPROVED AS TO FORM: La 1);i""-~ \> s-. b Clt ttorney 5 021119 sum 0053119 EXHIBIT A FINDINGS FOR LOCAL AMENDMENTS TO THE 2000 UNIFORM PLUMBING CODE Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions in the uniform codes that are published in the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Local building regulations having the effect of amending the uniform codes, which were adopted by the Ci ty prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970, and have been carried through from year to year without significant change, need no required findings. Also, amendments to provisions not regulating buildings used for human habitation, including amendments made only for administrative consistency, do not require findings. 1. The findings made by the Council of the City of Palo Alto in Ordinance 3215 adopting the 1979 Uniform Plumbing Code reaffirmed the findings which had been made by prior Council actions in adopting amendments to the Uniform Plumbing Code subsequent to November 23, 1970. Such findings have been reaffirmed with each successive adoption of the Uniform Plumbing Code as published in the California Building Standards Code, and are hereby reaffirmed and expressly made applicable to all local amendments that are hereby again adopted and carried through without signifi- cant change. 2. PAMC 16.08.080 Section 604.0 preempted. Finding: This amendment is necessary to conform with California law prohibiting the expanded use of CPVC, PVC, PE and PB piping for potable water systems within a building. 3. PAMC 16.08.065 Section 305.4 amended. Finding: This section is amended to conform with other provisions of the Palo Alto Municipal Code. This is specifically authorized in Section 305 of the California Plumbing Code. 6 021203 sum 0053119 4. PAMC 16.08.090 amended. Finding PEX piping is added to allow a recognized material that is an alternative to copper water piping within buildings. The Regional Water Quality Control Plant is initiating programs to reduce the amount of copper content flowing into San Francisco Bay. This amendment is consistent with Environmental Compliance policies and reconunendations. 7 021203 sum 0053119