HomeMy WebLinkAboutOrd 758-1978O~DINANCE NO. 758-78
AN ORDINANCE ESTABLISHING ~LINIML~ R~GULATIONS
FOR I~L~TAT.?ATION AND ~ OF HEATI~X~,
CCDE, 1976 EDITION; AND REPEAT.~NG ORDIN~KIE 572
TP~ CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLL~,~:
SSETION I. ADOPTION CF D~NIFO~M ~.CHANICAL CODE, 1976 EDITION,' AS PUBLISHED
OFFICIALS, kN]3.' THE~. I~rfEF~%TIf~L CONFERESX2E OF BUILDING OFFI-
CIALS, EX_CEPI~FOR CER/9/N SECTIONS.
· ~ll of the provisions of the Uniform Mechanical Code, 1976 ~i~on (Library
of Congress catalog card number 76-13389), published by the International Asso-
ciation of Plt~nbing and Mechanical Officials ar~ the InternatioDa]~ Oonference
of ~nila!r~ Officials, including the Appendixes A, B, and C thereto, hareinafter
called r.'.~duani~ Code, except the follcw~g sections, are hereby adopted and
m. ad.e a Fmmt of this Ordinance as though fully set forth herein:
SELTION
201 (c)
201 (f)
'202
203
EXCEPTION
Only subparagraph (c)
Only subparagraph (f)
A11 of section
All of ~ection
~uree copies of said Unifonu Mechanical Code, certified to be true copies,
sb~!l be filed in the office of the City Clerk in the form and at the times
prescribsd by law, and kept there for public inspection during the time th~
Ordinance is in effect, except that after adoption of this Ordinance one of
said copies may be kept in the office of the Chief Building Official instead
of t/~.e Clerk's office. ~In~ City Clerk shall maintain a reasonable supply of
copies a%,~ilable for purchase by the public as required by law.
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II. S~CTI~S ADDED.
The following sections, and subsections which shall read as hereinafter
stated, are hereby adopted and added to tb~ Mechanical Code, as adopted by
reference in Section I of this Ordinance:
b~'TION ADDITION
201 (c) Right of entry
201 (f) Liability
202 V/mlations and Penalties
203 No Grant of Legislative Authority
204 Separability
205 Repeal of Ordinance 572, and
Amending Ordinances
SECTION 201 (c) RIGHT CF ENTRY.
~.~enever necessary to make an inspection to enforce any of the provisions
of this Code, or whenever the Build~ng Official or his authorized representa-
tive bas reasonable cause tm believe that there exists in any building or
~upon any pr~/ses, any condition which makes such building or premises unsafe
as defined in Section 203 of the Building.Code, the Building Official or his
authorized representative may enter such building or premises at all reasonable
ti~.es to inspect the s~me or to perform any duty imposed upon the Building
Official by this Code; pr°Vidod that if such .building or prenises be occupied,
he ~hal! first present proper credentials and demand entry; and if such hlild- '
~.'.~ cr ~.~ses be ur~ccuTied he ~%~] 1 first make a reaSOnable effort to locate
t~._= ~,~er or or, mr persons bnving charge or control of the building or premises
~.-_~ d~and entl~i. If such entry is refused, the Building 'Official or his autho-
rized representative sb~ll b~ve recourse to every r~uedy provided by law to
s~re ~ntry.
"Authorized Representative" sb~ll include the officers named in Section 201 (a)
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and 0~) of this Code.
r:o owner or occupant or any other person having charge, care or control of
any building or premises shal] fail or neglect, after proper demand is made as
P~rein provided, to properly permit entry therein by the Admini~ative Author-.
ity or his authorized representative for the purpose of inspection and examina-
tion pursuant to this Oode. Any person violating this subdivision shall be
guilty of an infraction.
SfLTION 201 (f) LIABTLTTY
(a) The ~..mer and/or his contractor, when installing mechanical equi~uent
or systsms in or on the ~ner's premises in the City of South San Francisco,
-~'.~_11 install same in cc~pliance with this Code, as amended, a~ in such a
m.m_=/uer as to practically safe~j~rd persons ar~ property frcm hazards arising
frcm the use thereof. The o~.~er ~ith respect to his premises shall m~ntain
~-.~ use all mechanical %~rk and systems'located in or on his premises in cc~-
pliance %.~ this Gode, as amended, and in such a manner as to practically
safe~rd persons and property frc~ hazards arising frcm the use thereof.
?ne provisions of this Code lodging authorizations with the ASad3Listrative
~nttDrity to do any and all of the acts therein provided, shall not relieve
the c~a~er or the contractor fr~u said responsibilities, and neither the Adminis-
trative Authority, his ~gents or employees, nor the City of South San Fran-
cisco a~nd its elected ar~ appointed officers and employees assume sole res-
ponsibility or any part thereof, nor shall any of the_{r actions in any way
reli~v-e ~he ~er and/or his contractor of such responsibility. This Code
~Rmll not P~ construed as impo~ sing upon the Building Inspector any liability
or res~consibility for damage resulting fr~n defective mechanical work or
ir~allation thereof, nor shall the Building Inspector or any official or
erployee thereof be held as assuming any such liability or responsibility
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by reason of the inspection authorized herein.
~o) The ~lding Official or any ~mployee'cb~rged ¥~ith the enforcement
of this Code, acting in good faith and without malice for the jurisdiction
in the discharge of his duties, shall not thereby_ render himself liable'
personally and he hereby is relieved frcm a3! personal liability, for any
damage that may accrue to persons or property as a result of any act re-
~,~red or by reason of any act or omission in the discharge of his duties.
Any suit brought against the Building Official or employees, because of
such act or omission performed by him in the enforcement of any provisions
of this Code, shall be defended by the City pursuant to Government Code
Section 825 et seq. and related sections.
SECTION 202 VIOLATICkN~ AND PENALTIES
It shall be unlawful for any person, firm, or corporation to erect, i~tall,
alter, repair, relocate, add-to, replaCe~~ use, or maintain heating, vent{~a-
ting, cooling, or refrigeration equi~x~ent in the jurisdiction, or cause or
permit the same to be done, contrary to or in violation of any of the provi-
sions of this Oode. ~intenance of equi~nent which was unlawful at the time
it %~s installed and which %~uld be unladen/1 under this Code if installed
after the effective date of this Code, shall constitute a coneinuirg violation
of this Code.
Any person violating a provision or failiDg to comply with a ~atc~y re-
quirement of this Ordinance shall be guilty of an infraction. An~ person con-
victed of an infraction is punishable by (a) a fine not exceeding Fifty Dollars
($50) for a first violation, 0~) a fine not exceeding One Hl~.dred Dollars ($100)
for a seoo~ violation within one (1) year, ar~ (c) a fine not exceeding
Hundred Fifty Dollars ($250) for each additic?~l violation %,~thin one (!) year.
Each such person shall be guilty of a separate infraction for each and every day
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during any portion of .which a violation or failure to cc~ply with a mandatory
requir~nent is cc~nitted or continued.
S~ITON 203. NO GRANT CF L~GISIATIVE AUTHORITY.
Tb~ provisions of this Ordinance are not intended %0 and do not grant any
legislative authority to the Building Official ¥~o is the enforcir~ officer,
ar~ any grant of discretionary authority to said official cone~{ ned herman
shall be construed as limiting his p~ers to the detezmination of facts as
to %~ether or rmt the rules set forth in the Code have been cc~plied %~th.
SECTION 204 SEPARAB~.TTY.
It is the intention Of the City Council tb~t this Ordinar~e ~ every
provision thereof, shall be considered .separable, and the invalidity of any
section, clause, provision, or part or portion of any section, clause or
provision of this Ordinance, shall not affect the validity of any otb. er
portion of this Ordinance or the Code 'a~opted by referem_ce.
SECTION 205 RF~EAL ~F ORDINAAL~E 572 A~D kM~ND~ ORDINT~f~S.
Ordinance 572 entitled, "An Ordinance of the City of South San Francisco
Regulating the Installation and Maintenance of Heatir~, VentJlatir~, C~ort
Coo] Cng and Refrigeration Systems in the City of South San Francisco Providing
for the Issuance of Permits and Collection of Fees Thereof; Providing per~l-
ties for tb~ Violation Thereof; and Ad6pting by Reference the International
Conference of Building Officials' Uniform _~.~bzmical Code 1967 Edition,
Uniform Building Code Vol~e II." adopted February 5, 1968, is hereby repealed,
except that this repeal shall not affect or prevent the prosecution or punish-
ment of any person for any act done or ccranitted in violation of said Ordinance
prior to the effective date of this Ordinance.
This Ordinance shall be publi~=/~d once in the Enterprise-Journal, a news-
paper of general circulation in the City of South San Francisco, as required
by Law, and shall beccme effective thirty (30) days from and after its adoption.
a regular
~ Francisco t_his
vote:
Introduced this 7th day of December' , 19 ~77 '.
Passed and adopted as an Ordinance of the City of South San Francisco at
meeting of the City Council Of the City of Scuth
18th day of January ,19 ~78, by the follcwi~
Richard'A. Battaglia, William A. Borba, Emanuele N.
Dammnte, Terry J. Mirri and Leo Padreddii
None
None
A~T~T: /s/ Arthur A. Rodondi
City Clerk
As~yor of the City of South San Francisco, I do hereby approve t~
foregoing Ordinance this 18th day of January ,19 78 .
/s/ Emanuele N. Damonte
}~yor
o
H 'W I I[, t
S~CTION III. PUBLICATION AND ~'~'~Cr±gE DATE.
This Ordinance shall be published once in the Enterprise-Journal, a news-
paper of general circulation in the City of South San Francisco, as required
by Law, and shall bec~m~ effective thirty (30) days frcm ar~ after its adoption.
* * * *
Introd~ed this 7th day of December , 19 .$7 .
Passed and adopted as an Ordinance of the City of South San Francisco at
a regular meetir~ of the City Council of the City of South
San Francisco this 18th day of January ,19 78.., by the following.
vote:
AYES, (//INC~ Richard A. Battaglia, William A. Borba, Emanuele N.
Damunte, Terry J. Mirri and Leo Padreddii
1~2~S v " None
ABSENT " None
foregoing Ordinancethis 18th day of
As Mayor of the City of South SanFrancisco, I do hereby approve the
January ,19 78 ·
Mayor
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