Ord 763ORDINANCE NO. 763
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 2013 CALIFORNIA BUILDING STANDARDS,
INCORPORATING BY REFERENCE THEREIN
THE CALIFORNIA MECHANICAL CODE, 2013 EDITION
WHEREAS, the City of Poway last revised its construction codes on July 19,
2011; and
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; and
WHEREAS, on January 7, 2014, 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 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 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repealed.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:
Ordinance No. 763
Page 2
Chapter 15.16
MECHANICAL CODE
Sections:
15.16.010 Adoption.
15.16.020 Deletions.
15.16.030 Chapter 1, Division II deleted.
15.16. 010 Adoption.
There is hereby 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 2013 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, 2012 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 the 2013 California Mechanical Code, published by the California Building
Standards Commission and any rules and regulations promulgated pursuant thereto,
15.16.020 Deletions.
Deletions to the 2013 California Mechanical Code shall be as set forth in PMC
15.16.030.
15.16.030 Chapter 1, Division II deleted.
Chapter 1, Division II, Administration, of the California Mechanical Code, 2013 Edition,
is deleted.
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.
Ordinance No. 763
Page 3
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 7th day of January 2014, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 21st day of January 2014.
Dave Groscha , uty Ma or
ATTEST:
Sheila R. Co ian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 763, was duly adopted by the City Council at a meeting of
said City Council held on the 21st day of January 2014, and that it was so adopted by
the following vote:
AYES: MULLIN, CUNNINGHAM, VAUS, GROSCH
NOES: NONE
ABSENT: HIGGINSON
DISQUALIFIED: NONE
Sheila R. Cobian, CIVIC, City Clerk
City of Poway