Agenda packet — Safety and Communities Committee, October 10, 2022

- 1 -
10/10/2022 5:00:00 PM
www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, October 10, 2022 at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright
* Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
- 1 -
10/10/2022
- 2 -
10/10/2022 5:00:00 PM

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide - 2 -
10/10/2022
- 3 -
10/10/2022 5:00:00 PM
public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 3 -
10/10/2022
- 4 -
10/10/2022 5:00:00 PM
Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

1. Consider the application and issuance of a permit to operate as a non-emergency medical transport company to Rose Medical Transportation in the City of Modesto, and forward to Council for approval. (Funding Source: General Fund) POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected]

2. Consider accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant award in the amount of $39,800, which includes a 50% local match, for the procurement of wildland firefighting equipment and forwarding to Council for approval. (Funding Source: General Fund)
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected]

NEW BUSINESS

3. Consider adopting Building, Plumbing, Electrical, and Mechanical Codes by reference of the 2022 California Building Codes, and consider amending various sections of Chapters 1, 2, 3, 7, 8, and 11 of Title 9 of the Modesto Municipal Code and forwarding to Council for approval. (Funding Source: Building Permit Fees) CED; Oscar Diaz, 209-571-5885, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there - 4 -
10/10/2022
- 5 -
10/10/2022 5:00:00 PM
is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
- 5 -
10/10/2022

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

October 10, 2022
Date: September 20, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for Rose Medical Transportation CONTACT: Bob Meredith, Lieutenant, [email protected], (209) 572-9500 DESCRIPTION:

Consider the application and issuance of a permit to operate as a non-emergency medical transport company to Rose Medical Transportation in the City of Modesto, and forward to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues (Goal A of Quality of Life Goals and Strategies).

BACKGROUND:

The City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department, a background investigation must be completed by the department. Upon a successful completion of the background investigation, approval by Council is required. After approval from Council has been provided, the permit will be issued by the Modesto Police Department.

Currently there are twelve permitted ambulance companies in Modesto to provide non-emergency transport: Amwest Ambulance, Bay Medic Transportation, Citizens Medical Response, Falcon Critical Care Transport, Medics Plus, Murphy Medical Transportation, NorCal Ambulance, ProTransport, Sacramento Valley Ambulance, Star Nonemergent Transportation, MacIntosh Transport LLC and Provident Senior Solutions Inc.
#1..
- 6 -
Safety & Communities Committee, October 10, 2022
Non-Emergency Transport Application for Rose Medical Transportation

Page 2 of 2 ends

DISCUSSION:

Rose Medical Transportation applied to operate a non-emergency medical transportation service in the City of Modesto. Rose Medical has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-9.20 of the Modesto Municipal Code.

The Modesto Police Department concluded the required background investigation on Rose Medical Transportation indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20, and recommended to staff to proceed with Council approval to issue the operational permit.

FISCAL IMPACT:

Rose Medical Transportation will be required to obtain a City Business license and renew it annually – which currently costs $75, and includes a $4 fee to the State of California for Disability Act AB1379. Additionally, Rose Medical Transportation will be required to pay mill tax, which is currently at a rate of 0.002, on their gross receipts while operating in the City. Fees and mill tax paid to the City are revenue to the General Fund.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachment:

1. Rose Medical Picture of Vehicle
#1..
- 7 -
#1..
- 8 -
#1..
- 9 -
#1..
- 10 -
#1..
- 11 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

October 10, 2022
Date: September 20, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Acceptance of the FY 22/23 Cal Fire RFC Grant
CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant award in the amount of $39,800, which includes a 50% local match, for the procurement of wildland firefighting equipment and forwarding to Council for approval. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

On May 3, 2022, Council approved Resolution 2022-207, authorizing the application for this grant. Since then, the Modesto Fire Department has received notification that it has been awarded $39,800, which includes a 50% local match of funds.

The Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant provides funding to organize, train and equip fire departments in rural areas and rural communities to prevent and suppress fires. The Modesto Fire Department contract with City of Oakdale and Oakdale Fire Protection District allowed the department to apply for the grant. The RFC Grant Program provides financial assistance directly to eligible fire departments for critical training and equipment. The objective is to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience.
#2..
- 12 -
Safety and Communities Committee, October 10, 2022
Acceptance of the FY 22/23 Cal Fire RFC Grant

Page 2 of 2 ends

DISCUSSION:

The Modesto Fire Department is seeking approval to accept the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity Program grant in an amount that will not exceed $39,800, which includes a 50% local match of funds. The department intends to apply this grant towards the purchasing of wildland firefighting equipment in order to replace aging and outdated wildland equipment that is no longer in service or does not meet current standards. The deadline to accept the grant is December 1, 2022.

FISCAL IMPACT:

There is a 50% required local match for the Cal Fire RFC Program Grant. The awarded amount is $19,900, which requires a $19,900 local match. The department would fund the match within its adopted budget. Due to the critical need of replacing critical firefighting equipment, the department would prioritize funding within existing budget for the match. The equipment identified in the grant application has been identified as needing replacement; without this grant the Fire Department will bear the cost of the full $39,800.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Application
#2..
- 13 -
22061
#2..
- 14 -
$19,900.00
#2..
- 15 -
#2..
- 16 -
#2..
- 17 -
#2..
- 18 -
#2..
- 19 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

October 10, 2022
Date: September 8, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community & Economic Development SUBJECT: Adoption of 2022 Edition of the California Building Codes CONTACT: Oscar Diaz, Chief Building Official, [email protected], (209) 571-5885 DESCRIPTION:

Consider adopting Building, Plumbing, Electrical, and Mechanical Codes by reference of the 2022 California Building Codes, and consider amending various sections of Chapters 1, 2, 3, 7, 8, and 11 of Title 9 of the Modesto Municipal Code and forwarding to Council for approval. (Funding Source: Building Permit Fees)
STRATEGIC PLAN ELEMENT:

Adopting the mandatory State of California Building Codes is consistent with the City Council’s 2020-2025 Strategic Plan Area of Focus, Quality of Life.

BACKGROUND:

The California Building Standards Commission (CBSC) is the responsible body for all building code development. Every three (3) years, the CBSC conducts code development hearings to gain input from developers, building officials, local and state government leaders and other interested parties to review the State’s Building Code Standards. These standards contain the minimum building requirements for the State and are required to be automatically adopted by local jurisdictions.

DISCUSSION:

Each jurisdiction within the State of California shall implement the State’s adopted building codes. To effectively accomplish this, each jurisdiction must adopt rules and requirements for administering these codes. Title 9 of the Modesto Municipal Code contains these administrative procedures.
#3..
- 20 -
Safety and Communities Committee, October 10, 2022
Adoption of 2022 Edition of the California Building Code

Page 2 of 2 ends

Each new building code edition contains technical changes, modifications and clarifications.

The 2022 changes can be incorporated in the design of pending projects and is not expected to have a significant impact on construction.

FISCAL IMPACT:

The adoption, and subsequent implementation of the Code update, requires additional training for existing staff. Funding is allocated in the FY 22/23 Building Safety Division budget. It is not anticipated that other funding is necessary to implement these Code updates and therefore there is no direct impact to the City’s General Fund.

Approved by:

Jaylen French
Director of Community & Economic Development
Joseph P Lopez, City Manager
Attachments:

1. Proposed Code Amendments – Building Clean

2. Proposed Code Amendments – Building (Redlines)

3. Proposed Code Amendments – Electrical Clean

4. Proposed Code Amendments – Electrical (Redlines)

5. Proposed Code Amendments – Mechanical Clean

6. Proposed Code Amendments – Mechanical (Redlines)

7. Proposed Code Amendments – Plumbing Clean

8. Proposed Code Amendments – Plumbing (Redlines)

9. Proposed Code Amendments – Existing Building (Clean)

10. Proposed Code Amendments – Existing Building (Redlines) #3..
- 21 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING ARTICLES 1, 2, AND 16 OF CHAPTER 1 OF TITLE 9 OF THE MODESTO MUNICIPAL CODE TO ADOPT BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24 PART 2, VOLUMES 1 & 2 TO TITLE 9 RELATING TO BUILDING REGULATIONS
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #3..
- 22 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. Articles 1, 2 and 16 of Chapter 1 “Building Code,” of Title 9 “Building Regulations” of the Modesto Municipal Code is hereby amended to read as follows:

Article 1. - Adoption by Reference of the 2022 California Building Code 9-1.101 - Adoption by Reference of the 2022 California Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of all properties, buildings, and structures; by providing the standards for facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demotion of such structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.
9-1.101.2 - Adoption by Reference of the 2022 California Residential Code.

That certain document, one (1) copy of which is on file in the office of the City Clerk at the City of Modesto, being marked and designated as the California Residential Code, 2022 edition, California Code of Regulations Title 24, Part 2.5 as published by the International Code Council, regulating and governing the conditions of residential detached one- and two-family dwellings by providing the standards for facilities and other physical things and conditions essential to ensure that these structures are safe, sanitary and fit for occupation and use; and the demolition of such structures as herein provided, providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof, and each and all of the regulations; #3..
- 23 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
provisions, penalties, conditions and terms of said building code on file in the office of the City Clerk of the City of Modesto are hereby referred to, adopted and made part hereof, as if fully set out in this ordinance with the additions, deletions and changes, if any prescribed in this chapter, be and hereby are adopted by reference as the Building Code of the City of Modesto.
9-1.101.3 - Adoption by Reference of the 2022 California Green Building Standards Code.

That certain document, one (1) copy of which is on file in the office of the City Clerk at the City of Modesto, being marked and designated as the California Green Building Standards Code, 2022 edition, California Code of Regulations Title 24, Part 11 as published by the International Code Council, regulating and governing the conditions for energy efficiency, water efficiency and conservation, material conservation and resource efficiency for residential and nonresidential buildings hereby referred to, adopted and made part hereof, as if fully set out in this ordinance with the additions, deletions and changes, if any prescribed in this chapter, be and hereby is adopted by reference as the Green Building Code of the City of Modesto.

Article 2. - General Code Provisions
9-1.201 - Title.

These regulations shall be known as the "Building Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Building Code," the "2022 California Building and 2022 California Residential Code," the "California Building and Residential Code," the “Green Building Code”, or "this Code."
9-1.202 - Purpose.

The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
9-1.203 - Scope.

The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the City of Modesto. 9-1.204 - Appendices.
#3..
- 24 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
Provisions contained in the appendices of the California Building Code and the California Residential Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

Article 16. - Technical Amendments to the 2022 California Building Code 9-1.1601 - Deleted Sections.

SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 4. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).
#3..
- 25 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
SECTION 6. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the? day of ?, 2022, by Councilmember ? who moved its introduction and passage to print, which motion being duly seconded by Councilmember ?, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE SZAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
APPROVED AS TO FORM:

By: _______________________________
JOSE M SANCHEZ, City Attorney
#3..
- 26 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___day of _______,2022, Councilmember ___________moved its final adoption, which motion being duly seconded by Councilmember__________________, was upon roll carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
#3..
- 27 -
2022 Building Code Redlines
Article 1. - Adoption by Reference of the 201922 California Building Code 9-1.101 - Adoption by Reference of the 201922 California Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of all properties, buildings, and structures; by providing the standards for facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demotion of such structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.
9-1.101.2 - Adoption by Reference of the 201922 California Residential Code.

That certain document, one (1) copy of which is on file in the office of the City Clerk at the City of Modesto, being marked and designated as the California Residential Code, 201922 edition, California Code of Regulations Title 24, Part 2.5 as published by the International Code Council, regulating and governing the conditions of residential detached one- and two-family dwellings by providing the standards for facilities and other physical things and conditions essential to ensure that these structures are safe, sanitary and fit for occupation and use; and the demolition of such structures as herein provided, providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof, and each and all of the regulations; provisions, penalties, conditions and terms of said building code on file in the office of the City Clerk of the City of Modesto are hereby referred to, adopted and made part hereof, as if fully set out in this ordinance with the additions, deletions and changes, if any prescribed in this chapter, be and hereby are adopted by reference as the Building Code of the City of Modesto.
9-1.101.3 - Adoption by Reference of the 2022 California Green Building Standards Code.

These regulations shall be known as the "Building Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Building Code," the "201922 California Building and 201922 California Residential Code," the "California Building and Residential Code," the “Green Building Code”, or "this Code."
9-1.202 - Purpose.

Provisions contained in the appendices of the 2019 California Building Code and the 2019 California Residential Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

Article 16. - Technical Amendments to the 2019 2022 California Building Code 9-1.1601 - Deleted Sections.
9-1.1602 - Amended Sections.
9-1.1602.1 - Definitions.

Section 202 of the 2013 California Building Code is hereby amended to read as follows:

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this Code, or duly authorized representative. The #3..
- 29 -
2022 Building Code Redlines
office and title of Chief Building Official of the City of Modesto shall serve as the officer responsible for administration and enforcement of this Code. 9-1.1602.2 - Structural Design.

Section 1612.3 of the 2019 California Building Code is hereby amended to read as follows:
1612.3. ESTABLISHMENT OF FLOOD HAZARD AREAS.

To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Modesto", dated September 26, 2008, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. 9-1.1602.3 – Structural Tests and Special Inspections
Section 1704.2 of The 2019 California Building Code Is Hereby Amended to Read As Follows:
1704.2. Special inspections and Tests.

Where application is made to the building official for the construction as specified in Title 9 Chapter 1 Article 5 Permits or 1.8.4, applicable, the owner or the owner’s agent, other than the contractor, shall employ one or more approved agencies to provide special inspections and tests during construction on the types of work specified in Section 1705 and identify the approved agencies to the building official. These special inspections and tests are in addition to the inspection by the building official that are identified in Title 9 Chapter 1 Article 8
#3..
- 30 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING CHAPTER 3, “ELECTRICAL CODE” OF
TITLE 9 OF THE MODESTO MUNICIPAL CODE RELATING TO BUILDING

REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 3 “ELECTRICAL CODE”
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #3..
- 31 -
Ordinance No. XXXX-C.S.

NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. AMENDMENT OF CODE. Chapter 3 entitled “Electrical Code” of Title 9 “Building Regulations” shall be amended as follows:
9-3.101 - Adoption by Reference of the 2022 California Electrical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Electrical Code, California Code of Regulations Title 24, Part 3, as published by the Building News, inc. (BNi), as now existing, or hereafter amended, regulating, governing and providing standards for the erection, installation, repair, relocation, replacement, addition to, use, or maintenance of electrical systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Electrical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes if any, prescribed in this Chapter, be and hereby is adopted as the Electrical Code of the City of Modesto.

Article 2. - General Code Provisions
9-3.201 - Title.

These regulations shall be known as the "Electrical Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Electrical Code," the "2022 California Electrical Code," the "California Electrical Code," or "this Code."
9-3.204 - Appendices.

Provisions contained in the appendices of the California Electrical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. #3..
- 32 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
SECTION 3. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ? day of November, 2022, by Councilmember ? who moved its introduction and passage to print, which motion being duly seconded by Councilmember ?, was upon roll call carried and ordered printed and published by the following vote:
#3..
- 33 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
APPROVED AS TO FORM:

By: _______________________________
JOSE M SANCHEZ, City Attorney
#3..
- 34 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___day of _______, 2022, Councilmember ___________moved its final adoption, which motion being duly seconded by Councilmember__________________, was upon roll carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
#3..
- 35 -
2022 Electrical Code Redlines
9-3.101 - Adoption by Reference of the 201922 California Electrical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Electrical Code, California Code of Regulations Title 24, Part 3, as published by the Building News, inc. (BNi), as now existing, or hereafter amended, regulating, governing and providing standards for the erection, installation, repair, relocation, replacement, addition to, use, or maintenance of electrical systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Electrical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes if any, prescribed in this Chapter, be and hereby is adopted as the Electrical Code of the City of Modesto.

Article 2. - General Code Provisions
9-3.201 - Title.

These regulations shall be known as the "Electrical Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Electrical Code," the "201922 California Electrical Code," the "California Electrical Code," or "this Code."
9-3.204 - Appendices.

Provisions contained in the appendices of the California Electrical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.
#3..
- 36 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
ORDINANCE NO.XXX-CS
AN ORDINANCE AMENDING CHAPTER 7, “MECHANICAL CODE” OF TITLE 9 OF

THE MODESTO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4 “MECHANICAL CODE”
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #3..
- 37 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
WHEREAS, notice of the ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.

NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. AMENDMENT OF CODE. Chapter 7 entitled “Mechanical Code” of Title 9 “Building Regulations” shall be amended as follows:

Article 1. - Adoption by Reference of the 2022 California Mechanical Code 9-7.101 - Adoption by Reference of the 2022 California Mechanical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, which said Code governs and provides proper regulations of mechanical systems and parts thereof, including, but not limited to, addition to or erection, installation, alteration, repair, relocation, replacement, use, or maintenance of any heating, ventilation, cooling, refrigeration systems or equipment thereof; incinerators or parts or equipment thereof; or other miscellaneous heat producing appliances, parts or equipment thereof; providing for the issuance of permits and collection of fees therefor; providing for the inspection thereof; providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022California Mechanical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Mechanical Code of the City of Modesto.

Article 2. - General Code Provisions
9-7.201 - Title.

These regulations shall be known as the "Mechanical Code of the City of Modesto", and may be cited and referred to herein as such or may be cited and referred to herein as the "Mechanical Code", the "2022 California Mechanical Code", the "California Mechanical Code", or "this Code."
#3..
- 38 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
9-7.204 - Appendices.

Provisions contained in the appendices of the California Mechanical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 3. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

Effective:___________, 2022
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the? day of ?, 20221, by Councilmember ? who moved its introduction and passage to print, which motion being duly seconded by Councilmember ?, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES PEREZ, City Clerk
(Seal)
APPROVED AS TO FORM:

By: _____________________________________
JOSE M SANCHEZ, City Attorney
#3..
- 40 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___day of _______, 2022, Councilmember ___________moved its final adoption, which motion being duly seconded by Councilmember__________________, was upon roll carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ , City Clerk
#3..
- 41 -
2022 Mechanical Code Redlines
Article 1. - Adoption by Reference of the 201922 California Mechanical Code 9-7.101 - Adoption by Reference of the 202219 California Mechanical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, which said Code governs and provides proper regulations of mechanical systems and parts thereof, including, but not limited to, addition to or erection, installation, alteration, repair, relocation, replacement, use, or maintenance of any heating, ventilation, cooling, refrigeration systems or equipment thereof; incinerators or parts or equipment thereof; or other miscellaneous heat producing appliances, parts or equipment thereof; providing for the issuance of permits and collection of fees therefor; providing for the inspection thereof; providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 202216 California Mechanical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Mechanical Code of the City of Modesto.

Article 2. - General Code Provisions
9-7.201 - Title.

These regulations shall be known as the "Mechanical Code of the City of Modesto", and may be cited and referred to herein as such or may be cited and referred to herein as the "Mechanical Code", the "201922 California Mechanical Code", the "California Mechanical Code", or "this Code."
9-7.204 - Appendices.

Provisions contained in the appendices of the California Mechanical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.
#3..
- 42 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
ORDINANCE NO. -C.S.

AN ORDINANCE ADOPTING BY REFERENCE THE PLUMBING CODE
CONTAINED WITHIN THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING ARTICLES 1 AND 2 OF CHAPTER 2 OF TITLE 9 OF THE MODESTO MUNICIPAL CODE.

WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and #3..
- 43 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. REPEALING AND REPLACING. Section 9-2.101 of Article 1 of Chapter 2, “Plumbing Code,” of Title 9, “Building Regulations” and Sections 9-2.201 and 9-2.204 of Article 2 of Chapter 2, “Plumbing Code,” of Title 9, “Building Regulations” shall be repealed in their entirety and replaced as follows:

Article 1. - Adoption by Reference of the 2022 California Plumbing Code 9-2.101 - Adoption by Reference of the 2022 California Plumbing Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, regulating and governing the erection, alteration, installation, repair, relocation, replacement, addition to, use or maintenance of plumbing and drainage systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Plumbing Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Plumbing Code of the City of Modesto.

Article 2. - General Code Provisions
#3..
- 44 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
9-2.201 - Title.

These regulations shall be known as the "Plumbing Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Plumbing Code," the "2022 California Plumbing Code," the "California Plumbing Code," or "this Code."
9-2.204 - Appendices.

Provisions contained in the appendices of the California Plumbing Code shall not apply unless specifically adopted by the State of California or the City of Modesto.

SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Effective:___________, 2022
SECTION 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
By: _____________________________________
JOSE M SANCHEZ, City Attorney
#3..
- 46 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
#3..
- 47 -
2022 Plumbing Code Redlines
Article 1. - Adoption by Reference of the 201922 California Plumbing Code 9-2.101 - Adoption by Reference of the 201922 California Plumbing Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201229 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, regulating and governing the erection, alteration, installation, repair, relocation, replacement, addition to, use or maintenance of plumbing and drainage systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Plumbing Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Plumbing Code of the City of Modesto.

Article 2. - General Code Provisions
9-2.201 - Title.

These regulations shall be known as the "Plumbing Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Plumbing Code," the "201922 California Plumbing Code," the "California Plumbing Code," or "this Code."
9-2.204 - Appendices.

Provisions contained in the appendices of the California Plumbing Code shall not apply unless specifically adopted by the State of California or the City of Modesto. #3..
- 48 -
2022 Plumbing Code Redlines
#3..
- 49 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
ORDINANCE NO. -C.S.

AN ORDINANCE ADOPTING BY REFERENCE THE EXISTING BUILDING CODE CONTAINED WITHIN THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING ARTICLES 1 AND 2 OF CHAPTER 11 OF TITLE 9 OF THE MODESTO MUNICIPAL.

SECTION 1. AMENDMENT OF CODE. Chapter 11 entitled “Existing Building Code” shall be amended as follows:

Chapter 11 – EXISTING BUILDING CODE
Article 1. - Adoption by Reference of the 2022 California Existing Building Code 11-1.101 - Adoption by Reference of the 2022 California Existing Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of existing building and structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Existing Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.

Article 2. - General Code Provisions
11-1.201 - Title.

These regulations shall be known as the "Existing Building Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as "this Code."
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. #3..
- 51 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
APPROVED AS TO FORM:

By: ________________________________
JOSE M SANCHEZ, City Attorney
#3..
- 53 -
Ordinance No. XXXX-C.S.

Effective:___________, 2022

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYAREZ-PEREZ, City Clerk
#3..
- 54 -
2022 Existing Building Code Redlines
Chapter 11 – EXISTING BUILDING CODE
Article 1. - Adoption by Reference of the 201922 California Existing Building Code 11-1.101 - Adoption by Reference of the 201922 California Existing Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of existing building and structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Existing Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.

Article 2. - General Code Provisions
11-1.201 - Title.

Safety and Communities CommitteeOctober 10, 2022

Safety and Communities Committee
October 10, 2022