Ord 2010-80ORDINANCE NO. 80
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ADOPTING THE CALIFORNIA PLUMBING CODE
Whereas, Health and Safety Code Section 6421 provides that the District may
make and enforce all necessary and proper regulations for sanitary purposes not in
conflict with state law; and .
Whereas, Health and Safety Code 6491.1 provides that the District Board may,
adopt a code controlling the manner of construction, repair, maintenance and operation
of-sewer facilities and may adopt such codes by incorporation; and
Whereas, in Home Gardens Sanitary District v. City of Corona (2002) 96
Cal.App.4th 87, 116 Cal.Rptr. 638, the Court of Appeal held that when a sanitary district
exercises its authority over sewers that a city may not thereafter regulate on such sewer
matters; and
Whereas, Health & Safety Code Section 6422.1 provides that no regulation of a
sanitary district which regulates inside a building shall be effective within a city if that
city has adopted an ordinance governing such installations; and
Whereas, pursuant to the State Regional Wastewater Board's Order No. 2006-
0003, the state has mandated that sewer agencies that are co- permittees on the
NPDES permit must establish Best Management Practices and a fats, oils and grease
(hereafter "FOG ") program to reduce grease and other FOG from entering into the
system so that sewer systems overflows (hereinafter SSOs) do not occur; and
Whereas, the City and District have entered into a jurisdictional arrangement by
which the District would take over inspections and monitoring of commercial food
service establishments to ensure that grease interceptors or similar devices are
installed and to ensure that proper maintenance of those facilities take place so that
SSOs do not occur; and
Whereas, the State has adopted uniform construction codes, including a
plumbing code, and has mandated that all cities and other government agencies comply
with such codes unless modifications are made to the code for local topographical,
climatic or geologic reasons (Health & Safety Code Sections 17922, 17958.2); and
Whereas, pursuant to Health & Safety Code Section 6591.2 the Board may adopt
codes by reference in the same manner as a city pursuant to Government Code Section
50022.1- 50022.8; and
Ordinance for Adopting the California Plumbing Code
Page 2 of 3
Whereas, the Board does hereby desire to adopt the California Plumbing Code
as its standard to the extent such code applies to sewers not otherwise regulated by the
District; and
Now, therefore, the Board of Directors of the Costa Mesa Sanitary District does
hereby ORDAIN as follows:
Section 1. That Section 6.01.015 is hereby added to the Costa Mesa Sanitary
District's Operations Code to read:
"Section 6.01.015 Plumbing code adopted. The California Plumbing Code,
2010 edition, or such later edition as may be adopted by the State of
California, as set forth in Title 24 of the California Administrative Code and
Appendix L, is hereby adopted by reference as the Plumbing Code for the
District and shall apply to sewer system plumbing in the District to the
extent not otherwise provided for in the District's Operations Code
Violations of the Plumbing Code shall be punishable as a misdemeanor as
provided in Section 1.02.010 of the Operations Code."
Section 2. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be. invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any portion
thereof and that the invalidity of any part or provision hereof shall not in any way affect the
validity or enforcement of the remaining provisions of this Ordinance that may stand on
their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law.
PASSED and ADOPTED this day of 7/1 t 7, f,., 2010.
Ca
ecr I tart' President
n' Ordinance for Adopting the California Plumbing Code
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above
and foregoing Ordinance No. 80 was duly and regularly passed and adopted by said Board of
Directors at a regular meeting thereof, held on the 18th day of November 2010 by the following
vote:
AYES: Arlene Schafer, Robert Ooten, Gary Monahan, Art Perry
NOES:
ABSENT:. James Ferryman
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 18th day of November 2010.
Clerk Uthe Costa Mesa Sanitary District