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HomeMy WebLinkAbout2011-04-05; City Council; CS-130; AMENDING THE PLUMBING CODE...EXHIBIT 5 ORDINANCE NO. CS-130 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL 4 CODE TITLE 18, PLUMBING CODE CHAPTER 18.16 TO ADOPT THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE. 5 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2010 6 Edition of the California Plumbing Code is in the best interest of the public and promotes the 7 health, safety and welfare of its citizens. 8 THEREFORE, the City Council of the City of Carlsbad, California, does ordain as 9 follows: 10 SECTION 1: The City Council finds that unique circumstances require certain 11 amendments to the California Plumbing Code. The amendments set forth in this ordinance are 12 reasonable necessary because of the local climate, which includes low rainfall and periods of 13 drought. It has become necessary to expand the use of recycled water throughout the city in 14 order to conserve potable water. Cross-connection testing is also required by California State 15 law. 16 SECTION 2: That Title 18, Chapter 18.16 of the Carlsbad Municipal Code, is amended 17 to read as follows: 18 Chapter 18.16 19 PLUMBING CODE 20 Sections: 21 1. General Regulations 22 18.16.010 Adoption. 18.16.030 Building Official designated. 23 18.16.040 Expiration of permit. 18.16.060 Standards for installation and materials. 24 18.16.080 Section 609.12 added—Bypass tees. 25 II. Modifications 26 18.16.120 Section 102.3.1 amended—Violations. 18.16.125 Certificate of noncompliance. 27 18.16.130 Section 103.4.1 amended—Permit fees. 28 /// I. General Regulations 18.16.010 Adoption. The California Plumbing Code, 2010 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the city of Carlsbad except for the changes, additions, and amendments set forth in this chapter, which shall supersede such provisions of said code. 18.16.030 Building Official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the California Plumbing Code as amended. 18.16.040 Expiration of permit. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced 10 within 180 days from date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such 11 work can be recommenced a new permit shall first be obtained, and the fee therefore shall be one half the amount required for a new permit for such work provided no changes have been 12 made, or will be made, in the original plans and specifications for such work, and provided, further, that such suspension or abandonment has not exceeded one year. Within the overall 13 one-year life of a permit any failure to commence work or any suspension of work caused solely by delay incident to securing approval of a coastal development permit pursuant to Division 20 14 of the Public Resources Code shall not constitute part of the respective 180 day period presented for expiration of a permit. 15 18.16.060 Standards for installation and materials. 16 All installations and materials shall be in conformity with the provisions of this code and with 17 approved standards of safety as to life and property. All installations on any public or private piers or on the tidelands shall be in conformity with the provisions of this code. The disposal of 18 the effluent must meet with the approval of the director of public health. 19 18.16.080 Section 1622A.O added—Bypass tees. 20 Section 1622A.O is added to the California Plumbing Code to read as follows: 21 On the effective date of this Ordinance, all new buildings where recycled water will be used for irrigation shall install on the building supply pipe a bypass tee for recycled water cross- 22 connection shut down testing. The bypass tee shall be constructed of copper and the size shall match the building supply pipe size approved for the building. The bypass tee shall be 23 connected to the building supply pipe above ground and before the pressure regulator at a point just before it enters the building. Both end connections to the building supply pipe shall be made 24 using a union. A bronze full port straight ball valve with handle shall be installed on the inlet side of the bypass tee for the building supply pipe, and sized to match the inlet tee. A bronze full port 25 straight ball valve with tee-head and padlock wing shall be installed on the side inlet tee, which shall be threaded with a male hose thread adapter to match the building supply pipe size. The 26 work shall be in conformance with Engineering Standard Drawing W35. All shut down tests using the bypass tee shall be conducted with a backflow prevention device to reduce potential 27 for contamination of the potable water system. 28 -2- 1 II. Modifications 2 18.16.120 Section 102.3.1 amended—Violations. 3 Section 102.3.1 of the California Plumbing Code is amended to read as follows: 4 Any person or corporation who violates any of the provisions of this chapter is guilty of an 5 infraction except for the fourth or each additional violation of a provision within one year which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in 6 Section 1.08.010 of this code. 7 18.16.125 Certificate of noncompliance. 8 1. If the building official determines there is a violation of this chapter, it may result in the building official filing, in the office of the county recorder, a certificate of noncompliance. 9 Such certificate shall describe the property, certify noncompliance, and state that the owner or person in control of the property has been so notified. If a certificate of noncompliance is 10 filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance with the county recorder certifying compliance. 11 Until a certificate of compliance has been filed, all applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, 12 general plan amendments, discretionary approvals and building permits may be denied. 13 2. When the building official or the authorized representative thereof determines that compliance to this chapter is not had, they shall provide written notice, by certified mail 14 return receipt requested, to the owner or person in control of the property. Such notice shall contain: (1) a description of the property; (2) the condition or condition that has caused the 15 noncompliance; (3) a reasonable time limit to bring the property into compliance; (4) the potential to record a certificate of noncompliance; and (5) the right to appeal. 16 3. Within ten days from the date of giving of notice, the owner or person in control of the 17 property may file an appeal of the finding of noncompliance to the city council. Such appeal shall be in writing and shall identify the property subject to the certificate of noncompliance. 18 The city council must hear the appeal within 60 days from the filing of the appeal or at such later date as may be agreed to by the appellant. Notice of the hearing date shall be given in 19 writing. The hearing date shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the building official. The decision of the city council is 20 final. 21 18.16.130 Section 103.4.1 amended—Permitfees. 22 Section 103.4.1 of the California Plumbing Code is amended to read as follows: 23 The fee for each plumbing permit shall be as set forth in the city's master fee schedule or by resolution of the City Council. 24 /// 25 /// 26 /// 27 28 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of March 2011, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney IE M. WOOD, City Clerk -4- CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-130 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS-130 is to be considered at the City Council Meeting to be held on the 5th day of, 2011. 2.) That a certified copy of the full text of Ordinance No. CS-130 was posted in the City Clerk's Office on the 1st day of April 2011. 3.) That a summary of the Ordinance was published in the North County Times, on the 2nd day of April 2011. Certification of Posting and Publication of Ordinance Page 2 4.) That Ordinance No. CS- 130 was adopted on the 5th day of April 2011. 5.) That a certified copy of the full text of Ordinance No. CS- 130 , showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 12th day of April 2011. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the 15thday of April 2011. A FREISIN kg", Senior Deputy Clerk Dated: (Seal)