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Home My WebLink AboutItem 6.3 Amend Bldg Code Regulations (2) AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 10, 1991 SUBJECT: PUBLIC HEARING: URGENCY ORDINANCE AMENDING CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE (DMC) RELATING TO BUILDING REGULATIONS Report by: Victor Taugher, Building Official EXHIBITS ATTACHED: 1. Letter from City Attorney dated June 5, 1991 2 . Draft Ordinance RECOMMENDATION: V � 1) Open Public Hearing. 2) Receive Staff Presentation. 3) Receive Public Testimony. 4) Close Public Hearing. 5) Deliberate. 6) Adopt Urgency Ordinance FINANCIAL STATEMENT: No fiscal impact. DESCRIPTION: Ordinance No. 21-89 which adopted the building regulations, including the Building Code, Electrical Code, Plumbing Code and Mechanical Code contained general provisions for administration and enforcement. When this ordinance was put into code form, the reference to "ordinance" was changed to "chapter" by Book Publishing Company. Because the provisions for administration and enforcement were placed in a separate chapter in the Dublin Municipal Code the use of the word "chapter" could be interpreted that the administration and enforcement provisions contained in Chapter 7 . 28 (Administration) do not apply to the other chapters such as, Chapter 7. 32 (Building Code) ; Chapter 7 . 36 (Electrical Code) ; Chapter 7 .40 (Plumbing Code) ; Chapter 7 . 44 (Mechanical Code) or Chapter 7 . 48 (Housing Code) . The proposed Ordinance will make it clear that Chapter 7 . 28 (Administration) applies to all of the other chapters of the Building Regulations. The Building Official recommends that the Ordinance be adopted as an urgency ordinance. ----------------------------------------------------------------- ITEM N0. COPIES TO: . 6(O - z0 JVI• vv r 1`ZE Y EF2S, NAV:., RmACK & WEgT MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE STEVEN R.MEYEH!; 1220 NOWARU AVE-SUITE 250 NATALIE E.WEST GATEWAY PLAZA 777 DAVIS STREET,SUITE 300 9URUN((41 Ej CA 9010.crt ELI7ARETH H.SILVER (at5i 346-11130 MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 FAX(415)342.0896 IdOI LY T.TAMI (415)351 4300 MICHAEL F.RODRIQUEZ FAX:(415)351-4481 MARIN OFFICE KATHLEEN FAUBION 120:GRANT CA .SUITE FREDERICK S.ETHERIDGE tn.� NOVATO.CA 94945 WENDY A.ROBERTS MEMORANDUM (a 15)992.8878 OF COUNSEL REPLY TO: ANDREA J.SALTZMAN vii. Fax Transmission Only San Leandro To: Richard Ambrose, City Manager From: Elizabeth H. silver, City Attorney Re: Amendment to Municipal Code Date: June 5, 1991 I believe the following can be used for the staff report for the enclosed urgency ordinance which will amend the Municipal Code to clarify that the general provisions of Chapter 7. 28, dealing with building regulations, are applicable to the other chapters adopting the uniform codes: "In 1990, the City Council adopted an ordinance codifying various city ordinances in the form of the Dublin Municipal. Code. At the Council meeting of May 28, the Council adopted Ordinance No. 9-91, making various changes to the Dublin Municipal Code which had been identified since the adoption of the Code in July of 1990. Staff has recently become aware of a clerical error which was made by Book Publishing Company in codifying the building regulations which should be corrected. ordinance No. 21-89, which adopted the building regulations, including the Building Code, Electrical Code, Plumbing Code, Mechanical Code and Housing Code, contained general provisions for administration and enforcement. When this ordinance was put into code form by Book Publishing Company, the reference to "title, " which had included all of the various codes, was replaced with the word "chapter. " Because the provisions for administration and enforcement were placed in a separate chapter in the Dublin Municipal Code, the use of the word "chapter" could be interpreted to mean that the Building official lacks the authority to enforce the other chapters, such as Chapters 7. 32 (Building Code) , 7. 36 To: Richard Ambrose, City Manager Re: Amendment to Municipal Code Date: June 5, 1991 Page: 2 (Electrical Code) , 7.40 (Plumbing Code) , 7.44 (Mechanical Code) or 7 .48 (Housing Code) . The proposed ordinance amending the Dublin Municipal code would make it clear that Chapter 7.28, dealing with administration and enforcement, applies to the other chapters referred to above. It is recommended that this ordinance be enacted as an urgency ordinance, to take effect immediately, to eliminate any uncertainty as to the ability of the Building Official to enforce the various building codes. Until effective, it is the City Attorney' s opinion that the Building Official has the authority, under Ordinance No. 21-89 to enforce the various codes referenced above. " MEYERS, NAVE, RIBACK & WEST v� Elizabeth H. Silver EHS:dlg cc: Vic Taugher 1144memolstaff.ehs ORDINANCE NO. -91 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE, RELATING TO BUILDING REGULATION, AND DECLARING THIS ORDINANCE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY The City Council of the City of Dublin does ordain as follows: Section 1: Chapter 7.28 (Building Regulation Administration) a) Chapter 7.28 of the Dublin Municipal Code is amended by deleting Section 7.28.270 and adding a new Section 7.28.270 to read as follows: "Whenever the term "this chapter" is used in this Chapter 7.28, it shall also mean and include Chapter 7.32 (Building Code) ; 7.36 (Electrical Code) ; 7.40 (Plumbing Code) ; 7.44 (Mechanical Code) ; and 7.48 (Housing Code) . " Section 2: Immediate Effect This Ordinance shall take effect immediately as an urgency ordinance because of the following facts: Because of a clerical error in the codification of the Municipal Code, there is a potential ambiguity with respect to the ability of the Building Official to administer the Building Code, the Electrical Code, the Plumbing Code, Mechanical Code and the Housing Code. The administration and enforcement of these codes is necessary for the public health, safety and welfare. It is thus necessary that this ordinance take effect immediately. Section 3: POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN ON THIS 10TH DAY OF JUNE, 1991. AYES: NOES: ABSENT: Mayor ATTEST: