NOTICE OF ORDINANCE ADOPTION: Ordinance No. 583-22 Building Code

CITY OF MURRIETA

PUBLIC NOTICE OF ORDINANCE ADOPTION

Notice is hereby given that the Murrieta City Council introduced the following Ordinance at a Regular meeting on November 1, 2022 held at City Council Chambers, 1 Town Square, Murrieta, CA 92562. The City Council adopted the Ordinance at a Regular meeting on November 15, 2022, held at City Council Chambers.

Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA 92562. If you would like a copy of this Ordinance including exhibits, please contact the City Clerk's office at (951) 461-6031.

ORDINANCE NO. 583-22

AN ORDINANCE ADDING AND AMENDING, PORTIONS OF TITLE 15 OF THE MUNICIPAL CODE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE

WHEREAS,every three years the State of California repeals and adopts administrative regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code; and

WHEREAS,pursuant to Health and Safety Code sections 17958, 17958.5, 17958.7, and 18941.5 the City of Murrieta may adopt the 2022 California Building Standards Code; and

WHEREAS,pursuant to section 17958 of the California Health and Safety Code, the California Building Standards Code shall become effective in the City 180 days after publication by the California Building Standards Commission; and

WHEREAS,the California Building Standards Commission published the 2022California Building Standards Code on July 1, 2022 with an effective date of January 1, 2023; and

WHEREAS,the City Council desires to make a change to an administrative provision of the Building Code regarding the makeup of the Building Construction Advisory Board of Appeals; and

WHEREAS,this Ordinance is categorically exempt from environmental review, per the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, 14 California Code of Regulations Section 15061(b)(3); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.CODE ADOPTION

The City of Murrieta hereby adopts the 2022 California State Building Standards Codes, including in their entirety the Administrative Provisions of the 2022 California Building Code, the 2022 California Building Code, 2022 California Residential Code, 2022 California Plumbing Code, 2022 California Mechanical Code, 2022 California Electrical Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, and 2022 California Green Building Standards Code.

SECTION 2.CODE AMENDMENT

Section 15.02.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.02.010 Adoption of the administrative provisions of the 2022 California Building Code.

Chapter 1, Division II of the California Building Code is not part of the 2022 California Building Standards Code but may be adopted by a local jurisdiction. The City of Murrieta hereby adopts Chapter 1, Division II of the 2022 California Building Code and modifies, adds and deletes sections where necessary to carry out the intent and purpose of this chapter. The adopted portions and the City's modifications, additions and deletions, shall be used to administer and enforce the California Building Standards Codes within the City of Murrieta."

SECTION 3.CODE AMENDMENT

Section 15.04.120 of Chapter 15.04 of the Murrieta Municipal Code, is hereby amended to read as follows:

"15.04.120 Building Construction Advisory Board of Appeals Created.

Section 113 Board of Appeals of the 2022 California Building Code is amended by adding new paragraphs to Section 113 Board of Appeals to read as follows:

A. A person may appeal an order, decision or determination made by the Building Official that relates to the application or interpretation of this chapter by filing a written appeal to the Building Construction Advisory Board of Appeals within 30 days of the Building Official's decision.

B. This section establishes a Building Construction Advisory Board of Appeals (BCA Board) consisting of five members. The Building Industry Association of Riverside County shall appoint one member and one alternate, the President of the Citrus Belt Chapter of the International Code Council shall appoint two members and one alternate, one member will be a California licensed architect, civil engineer, or structural engineer, and the Director of the City of Murrieta Development Services Department shall appoint one member with one alternate. Three members shall constitute a quorum for the transaction of business and three affirmative votes shall be necessary to render a decision. The City of Murrieta Development Services Department appointee shall act as the secretary of the BCA Board. The BCA Board shall adopt reasonable rules and regulations for conducting its review and shall render decisions and findings in writing to the Director of Development Services, with a copy to the appellant. The BCA Board shall make a recommendation to the Director of Development Services, advising whether the decision appealed should be upheld or modified. The Director of Development Services shall consider the BCA Board's recommendation and provide a final decision in writing to the appellant, within 15 days of receipt of the BCA Board's recommendation.

C. A person appealing to the Building Construction Advisory Board of Appeals shall pay an appeal fee pursuant to the fee schedule approved by the City Council."

SECTION 4. CODE AMENDMENT

Section 15.08.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.08.010 Building Code adopted.

The California Building Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Building Code" means Title 24, Part 2 of the California Code of Regulations which incorporates, by adoption, the 2021 edition of the International Building Code with California amendments."

SECTION 5. CODE AMENDMENT

Section 15.08.015 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.08.015 Residential Code adopted.

The California Residential Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Residential Code" means Title 24, Part 2.5 of the California Code of Regulations which incorporates, by adoption, the 2021 edition of the International Residential Code with California amendments."

SECTION 6. CODE AMENDMENT

Section 15.16.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.16.010 Plumbing Code adopted.

The California Plumbing Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Plumbing Code" means Title 24, Part 5 of the California Code of Regulations, including Appendices A, B, D, H, I and J, which incorporates, by adoption, the 2021 edition of the Uniform Plumbing Code with California Amendments."

SECTION 7. CODE AMENDMENT

Section 15.20.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.20.010 Mechanical Code adopted.

The California Mechanical Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Mechanical Code" means Title 24, Part 4 of the California Code of Regulations which incorporates, by adoption, the 2021 edition of the Uniform Mechanical Code with California Amendments."

SECTION 8. CODE AMENDMENT

Section 15.40.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.40.010 Electrical Code adopted.

The California Electrical Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Electrical Code" means Title 24, Part 3 of the California Code of Regulations which incorporates, by adoption, the 2021 edition of the National Electrical Code with California Amendments."

SECTION 9. CODE AMENDMENT

Section 15.43.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.43.010 Energy Code adopted.

The California Energy Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Energy Code" means Title 24, Part 6 of the California Code of Regulations."

SECTION 10. CODE AMENDMENT

Section 15.45.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.45.010 Adopted.

The California Historical Building Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Historical Building Code" means Title 24, Part 8 of the California Code of Regulations."

SECTION 11. CODE AMENDMENT

Section 15.46.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.46.010 Existing Building Code adopted.

The California Existing Building Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Existing Building Code" means Title 24, Part 10 of the California Code of Regulations."

SECTION 12. CODE AMENDMENT

Section 15.47.010 of the Murrieta Municipal Code is hereby amended to read as follows:

"15.47.010 Green Building Standards Code adopted.

The California Green Building Standards Code, 2022 Edition, is hereby adopted and made part of this title by reference. The "California Green Building Standards Code" means Title 24, Part 11 of the California Code of Regulations."

SECTION 13. CODE AMENDMENT

The City Council hereby finds and determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State Guidelines implementing CEQA.

SECTION 14.EFFECTIVE DATE

This ordinance shall take effect on January 1, 2023.

SECTION 15.SEVERABILITY

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 16.NOTICE OF ADOPTION

The City Clerk shall certify to the adoption of this ordinance and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTEDthis 15th day of November, 2022.

/s/
Jonathan Ingram, Mayor

ATTEST:

/s/
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

/s/
Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 583-22 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 15th day of November, 2022, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES: White, Stone, Warren, DeForest

NOES: None

ABSENT: Ingram

ABSTAIN: None

/s/
Cristal McDonald, City Clerk gfg

Dated: November 16, 2022
Published: November 22, 2022

A copy of the Ordinance can be provided at no cost by contacting the City Clerks Department at (951) 461-6031 or [email protected]

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