Chapter 4.09
MECHANICAL CODE
Sections:
4.09.030 Interpretation and appeals.
4.09.040 Violations and penalties.
4.09.010 Purposes.
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 1, 10-22-2002; Ord. 2002-6 § 1, 10-22-2002; Ord. 92-11, 7-28-1992)
4.09.020 Adoption.
That certain document in book form entitled “California Mechanical Code – 2022 Edition of Title 24 Part 4,” including Chapter 1, Division II, Administration, and the Appendix thereof, based on the 2021 Uniform Mechanical Code, as approved and copyrighted by the International Association of Plumbing and Mechanical Officials (IAPMO) and the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “California Mechanical Code of the City of Newman,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 2, 10-22-2002; Ord. 2002-6 § 2, 10-22-2002)
4.09.030 Interpretation and appeals.
Section 107.1 of the California Mechanical Code is hereby amended to read as follows:
Section 107.1
In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, the City Council shall appoint a Board of Appeals in accordance with administrative regulations of the Building Codes. Any person dissatisfied with any decision of the Building Official may appeal in writing to the Board of Appeals, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the Board shall set the same for hearing for a time not later than the next regular meeting and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant. The decision of the Board of Appeals on such appeal may be appealed in writing to the City Council by any person. Said appeal shall be set for hearing for a time not later than the next regular meeting of the Council. Notification of hearing and action shall be the same as indicated above for the Board of Appeals.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 3, 10-22-2002; Ord. 2002-6 § 3, 10-22-2002)
4.09.040 Violations and penalties.
Sections 106.1 and 106.3 of the California Mechanical Code, as set forth in said Code, are omitted, but in lieu thereof new Sections 106.1 and 106.3 are added to read as follows:
Section 106.1 General:
It shall be unlawful for any person, firm or corporation, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilation, cooling or refrigeration equipment in the jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Code. Maintenance of equipment which was unlawful at the time it was installed, and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code.
Section 106.3 Penalties:
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00, or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 4, 10-22-2002; Ord. 2002-6 § 4, 10-22-2002)
4.09.050 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 5, 10-22-2002; Ord. 2002-6 § 5, 10-22-2002; Ord. 92-11, 7-28-1992)