Ord 797ORDINANCE NO. 797
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
REPEALING CHAPTER 15.16, OF THE POWAY
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER
15.16, REGARDING THE 2016 CALIFORNIA BUILDING
STANDARDS, INCORPORATING BY REFERENCE
THEREIN THE CALIFORNIA MECHANICAL CODE, 2016
EDITION
WHEREAS, California Health and Safety Code Section 17958 requires that cities
adopt building regulations that are substantially the same as those adopted by the
California Building Standards Commission; and contained in the California Building
Standards Code; and
WHEREAS, on November 15, 2016, the City Council held a duly advertised
public hearing to receive testimony from the public, both for and against, relative to this
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that local climatic; geographical and
topographical conditions, including the terrain; high summer month temperatures;
population growth rate; housing and occupancy conditions and needs; and the
environment existing in the City of Poway constitute conditions which require that
the California Building Standards Code be modified as set forth herein.
Section 2: The City Council of the City of Poway finds that this project is
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the 2016 State CEQA Guidelines (Chapter 3 of Title
14 of the California Code of Regulations) in that it entails the adoption of the State -
mandated Building Codes with minor amendments.
Section 3: Chapter 15.16 of the Poway Municipal Code (PMC) is hereby
repealed.
Section 4: A new Chapter 15.16 of the PMC is hereby added to read as
follows:
Chapter 15.16
MECHANICAL CODE
Section:
15.16.010 Adoption.
Ordinance No. 797
Page 2
15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the
California Code of Regulations. There is adopted and incorporated by reference
herein as the City Mechanical Code for the purpose of prescribing regulations in the
City of Poway for the erection, installation, alteration, repair, relocation,
replacement, addition to, use or maintenance of any heating, ventilating, cooling,
refrigeration systems, incinerators or other miscellaneous heat - producing
appliances, the 2016 California Mechanical Code, Part 4, Title 24 of the California
Code of Regulations, a portion of the California Building Standards Code, as
defined in the California Health and Safety Code, Section 18901 et seq. which is
based on the Uniform Mechanical Code, 2015 Edition. Except as otherwise
provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code,
all erection, installation, alteration, repair, relocation, replacement, addition to, use
or maintenance of any heating, ventilating, cooling, refrigeration systems,
incinerators or other miscellaneous heat - producing appliances shall be in
conformance with 2016 California Mechanical Code, published by the California
Building Standards Commission and any rules and regulations promulgated
pursuant hereto.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway, California, held the 15th day of November 2016, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 6th day of December
2016.
T
Steve Vaus, Mayor
ATTEST:
NAyN u el , CMC, City Clerk
Ordinance No. 797
Page 3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
that the foregoing Ordinance No. 797 was duly adopted by the City Council at a meeting
of said City Council held on the 6th day of December 2016, and that it was so adopted
by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy a fe d, CMC, City Clerk
City of Poway