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HomeMy WebLinkAboutOrdinance #1938 ORDINANCE NO. 1938 AN ORDINANCE OF 'SHE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 831 AND ADDING NEW ARTICLE 831 ENTITLED, "HUNTINGTON BEACH MECHANICAL CODE" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Article 831 of the Huntington Beach Ordinance Code is- hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 831 entitled, "Huntington Beach Mechanical Code," to read as follows : 8310 . ADOPTION OF THE UNIFORM MECHANICAL CODE, 1973 EDITION. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Mechanical Code, compiled by the International Association of Plumbing and Mechanical Officials and International Conference of Building Officials , being particularly the 1973 edition thereof, and the whole thereof, including the Appendix A, Chaper 21 of Appendix B, and Appendix C thereof, of which code not less than three (3 ) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to Section 50022 . 2 et seq. of the California Government Code, as fully as though set out at length herein, for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of heating, ventilating, comfort- cooling equipment and refrigeration systems ; by requiring a permit and inspection for the installation, alteration and replacement of said equipment ; by providing for the administration and enforce- ment of such requirements; and prescribing penalties for violations thereof. From the date on which this article takes effect, the provisions thereof shall be controlling within the corporate limits of the city of Huntington Beach. 8311. TITLE. This article shall be known as the "Huntington Beach Mechanical Code" , may be cited as such, and will be referred to herein as "this Code ." 8312 . Section 201 (c) of the Uniform Mechanical Code is amended to read as follows : "Sec. 201 (c) Right of Entry . Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized repre- er 1 . sentative 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 Section 203 of the Building Code, the Building Official or his author- ized 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; pro- vided 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 hav- ing 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. " ' Authorized Representative ' shall include the officers named in Section 201 (a) and (b) of this Code . "No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect , after proper demand is made as herein provided, to promptly permit entry therein by the Building Official or his author- ized representative for the purpose of inspection and exam- ination pursuant to this Code . Any person violating this subdivision shall be guilty of a misdemeanor. " 8313. Section 203 of the Uniform Mechanical Code is amended to read as follows : "Sec. 203. Board of Appeals . The Board of Appeals shall be that Board of Appeals as established by the Huntington Beach Building Code and shall have the authority, powers and duties as set forth therein." 8314 . Section 303 (b ) of the Uniform Mechanical Code is amended to read as follows : "Sec . 303 (b ) Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days . Before such work can be recommenced a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifica- tions for such work; and provided, further, that such suspension or abandonment has not exceeded one year. " 2 . 8315 . Section 303 (d) of the Uniform Mechanical Code is amended to read as follows : "Sec . 303 (d) Investigation Fee . Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay an in- vestigation fee in the manner and amount as provided in the Huntington Beach Building Code for investigation fees , provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority 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 be an unreasonable delay in obtaining such permit, an investigation fee as herein provided, shall be charged. " 8316 . Section 304 of the Uniform Mechanical Code is amended by adding a new paragraph 22 to read as follows : "22. For new residential construction, in lieu of Items 2 through 21 above, per square foot of dwelling area . . . . 0 .005 8317. REFUND OF FEES. When construction authorized by a permit is not begun and no inspections have been made, the Building Official shall, upon written request from the permittee, make refund of fees subject to the following limitations : (a) No refund of fees shall be made of the basic issuance fee of Three Dollars ( $3) . (b) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 303 (b ) . 8318. Section 403 of the Uniform Mechanical Code is amended to read as follows : "Sec . 403 . ABSORPTION UNIT is an absorption refrigerating system which has been factory-assembled and tested prior to its installation. "AIR HANDLING UNIT is a blower or fan used for the pur- pose of distributing conditioned air supply to a room, space, or area. "APPLIANCE is a devise which utilizes fuel or other forms of energy to produce light, heat, power, refrigeration or air conditioning. This definition also shall include a vented decorative appliance . 3 • "APPROVED, as to materials , equipment, and method of construction, refers to approval by the Building Official as the result of investigation and tests con- ducted by him, or by reason of accepted principles or tests by national authorities, technical or scientific organizations . "APPROVED AGENCY is an established and recognized agency regularly engaged in conducting tests or furnish- ing inspection services, when such agency has been approved by the Building Official. "ASSEMBLY BUILDING is a building or a portion of a building used for the gathering together of fifty or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation or of one hundred or more persons in drink- ing and dining establishments ." 8319 . Section 404 of the Uniform Mechanical Code is amended to read as follows : "BOILER, HIGH PRESSURE, is a boiler furnishing steam at pressures in excess of fifteen pounds per square inch or hot water at temperatures in excess of 2500F . , or at pressures in excess of 160 pounds per square inch. "BOILER, LOW PRESSURE HOT WATER AND LOW PRESSURE STEAM is a boiler furnishing hot water at pressures not exceeding 160 pounds per square inch and at temperatures not more than 2501F. , or steam at pressures not more than fifteen pounds per square inch. "BOILER ROOM is any room containing a steam or hot water boiler. "BRAZED JOINT is any joint obtained by joining of metal parts with alloys which melt at temperatures higher than 8000F . , but lower than the melting temperature of the parts to be joined. "BREECHING is a metal connector for medium- and high- heat appliances . "BRINE is any liquid used for the transmission of heat without a change in its state , having no flash point or a flash point above 1500F. , as determined by the requirements of U.M.C . Standard No. 4-1. ` "B.t .u. (Btuh. ) is the listed maximum capacity of any appliance, absorption unit, or burner expressed in British thermal units input per hour. "BUILDING CODE is the Huntington Beach Building Code . 4. "BUILDING OFFICIAL is the Director of Building and Community Development , or his regularly authorized deputy ." SE isentence, lause SECTION 3 . If any section, subsection, clause, phrase or portion of this ordinance, or any future amendments or additions hereto, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portion of this ordinance, or any future amendments or additions hereto . The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections , subsections, clauses, phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional. SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall .be construed as restatements and continuations and as new enactments .n t o SECTION 5 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of September, 1974 . Mayor ATTEST: VED AS FO OV City Cl rk SG City Attorn APPROVED AS TO TENT : City Administrator 5 • Ord. No. 1938 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 19th day of August 19 74 , and was again read to said City Council at a regular meeting thereof held on the 3rd day of September 19 74 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-offic'io Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. wer►tworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Councit, d•.. hereby czrtifv that this ordinance has been p{ ::h,!d in the Huntington Beach News gn }n a• .r:'a .E With 'hl! City ::ha er of said City. ....................... City Clerk ........... .. ... ..... Deputy C• Clerk