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5539Y ORDINANCE NO. 5539 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER 15.02 AND ADDING NEW CHAPTER 15.02 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM SOLAR ENERGY CODE, THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE, AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL OF CHAPTERS That Chapter 15.02 of Title 15 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 15.02 of Title 15 be, and the same is hereby, added to the Anaheim Municipal Code to read as follows: "Chapter 15.02 UNIFORM CODES PERTAINING TO BUILDING AND CONSTRUCTION 15.02.000 APPROVAL OF UNIFORM CODES. The City Council does hereby find and determine, as a result of investigation and tests conducted by the City and its Building Official, and by reason of the accepted principles and tests by recognized national or state authorities and technical and scientific organizations that each of the following uniform codes is approved for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California and Section 513 of the City Charter: .010 Uniform Building Code 1994 Edition including all Appendices thereof with the exception of Appendices Chapters 9, 30, and 33. .020 Uniform Code For The Abatement of Dangerous Buildings -1994 Edition. .030 National Electrical Code -1993. .040 Uniform Housing Code -1994 Edition. 11 u 050 Uniform Mechanical Code -1994 ICBO Edition. .060 Uniform Plumbing Code -1994 IAMPO Edition including Appendices A, B, C, D, E, F, G, H, I, J, and Installation Standards. .070 Uniform Solar Energy Code -1994 Edition. .080 Uniform Swimming Pool, Spa, and Hot Tub Code -1994 Edition. The Codes set forth in this section are collectively referred to and may be cited as the "Uniform Codes", and, individually as the Anaheim Building Code, Anaheim Code for the Abatement of Dangerous Buildings, Anaheim Electrical Code, Anaheim Uniform Housing Code, Anaheim Mechanical Code, Anaheim Plumbing Code, Anaheim Solar Energy Code, and Anaheim Swimming Pool, Spa, and Hot Tub Code. 15.02.010 ADOPTION OF UNIFORM CODES. The Uniform Codes as set forth hereinabove are hereby adopted by reference pursuant to Section 50022.2 of the California Government Code and Section 513 of the City Charter. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of an such portion as many be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to 2 ii violate any provision or to fail to comply with any of the requirements of this ordinance or any provision of the Uniform Codes adopted by this ordinance. Any person, firm or corporation violating any provision of this ordinance or the Uniform Codes or failing to comply with any of the requirements therein shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance or the Uniform Codes is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. SECTION 6. EFFECTIVE AND OPERATIVE DATES This ordinance shall take effect immediately; however, it shall become operative on December 28, 1995. SECTION 7. DECLARATION OF URGENCY The City Council declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and the reasons for the urgency are as follows: 1. This ordinance adopts the Uniform Model Building Codes, 1994 Edition, and the National Electrical Code, 1993 Edition, by reference. Local amendments to these Uniform Codes will be made concurrently with their adoptions by reference. Inasmuch as it is important that the local amendments become effective at the same time as the Uniform Codes, and since it is anticipated that the local amendments will be adopted by urgency measures in order to be effective prior to the deadline for the Uniform Codes, it is necessary to adopt the Uniform Codes as urgency measures as well. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day of De em er,1995. MAY R OF THE CITY OF VIAHEIM ATTES . CITY CLERK OF THE CITY OF ANAHE 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Leonora N. Sohl, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance No. 5539 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 12th day of December, 1995 and after reading of the ordinance by the City Attorney by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5539 on the 12th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5539 and was published once in the Anaheim Bulletin on the 21 st day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM