§ 20.05.010 BUILDING CODE ADMINISTRATION.

   101 - TITLE, PURPOSE AND INTENT

   101.1 Title. Title XX Building and Construction, Chapter 20.05 of the City of Alhambra Municipal Code shall be known as the Building Code of the City of Alhambra, may be cited as such, and will be referred to herein as “these regulations” or “these building standards” or “this Code.”

   101.2 Purpose and Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety 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 and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

   This Code shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions.

   101.3 Scope and Applicability. The provisions of this Code shall apply to the erection, construction, enlargement, alteration, installation, reconstruction, repair, movement, improvement, connection, conversion, demolition, use and occupancy of any building, structure or premises, or portion thereof, and grading within the City.

   The provisions of this Code shall not apply to work located primarily in a public way other than pedestrian protection structures required by Chapter 33; public utility towers and poles; equipment not specifically regulated in this Code; hydraulic flood control structures; work exempted by Section 107.2; or minor work of negligible hazard to life specifically exempted by the building official.

   Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Section 109 of this Code and Chapter 20.11 Existing Building Code of City of Alhambra.

   Detached one- and two family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Residential Code as amended and adapted by the City of Alhambra.

   Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

   The codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced codes and standards, the provisions of this Code shall apply.

   The provisions of this Code shall not be deemed to nullify any provisions of local, state or federal law. In the event, any differences in requirements exist between the accessibility requirements of this Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern.

   102 - UNSAFE BUILDINGS

   102.1 Definition. All buildings or structures which are structurally unsound or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, lacking an approved water supply, hazardous electrical, unsafe gas piping or appliances or abandonment as specified in this Code or any other effective ordinance, are, for the purpose of this Chapter, unsafe buildings. Whenever the Building Official determines by inspection that a building or structure, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazard from landslide, settlement, or slippage or any other cause, such building shall, for the purpose of this Chapter, be considered an unsafe building.

   No person shall own, use, occupy or maintain any unsafe building.

   All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the Building Official may abate an unsafe condition or order that the unsafe condition be secured, repaired, rehabilitated, demolished or removed as deemed necessary by the Building Official in accordance with the procedure specified in this Code. As used in this Chapter “party concerned” means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.

    102.2 Notice of Unsafe Building. The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if, in the Building Official's opinion, such is found to be an unsafe building as defined in this Chapter, the Building Official shall give to the party concerned written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises to:

   1.   Immediately remove, backfill, shore up or secure such unsafe condition, and/or

   2.   Within 48 hours, apply for required permit(s) and commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof.

   All such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the Building Official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official.

   Proper service of such notice shall be by personal service or by registered or certified mail upon every party concerned. In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting on the structure a copy of the notice. The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin ten days following the date of posting.

   The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

   A person notified to vacate an unsafe building by the Building Official shall vacate within the time specified in the order.

   The Building Official may record a notice of violation with the County Recorder’s Office that the building or structure described has been inspected and found to be an unsafe building, as

   defined in this Chapter, and that the owner thereof has been so notified. After all required work has been completed, upon request and payment of required fee(s) the Building Official shall record a notice rescinding the prior notice of violation with the County Recorder’s Office.

   102.3 Posting of Signs. The Building Official shall cause to be posted on buildings required to be vacated or remain unoccupied a notice to read substantially as follows: “Restricted Use” or “Unsafe - Do Not Enter or Occupy” as described in Section 102.6. All placards shall read “Department of Community Development, City of Alhambra.”

   Such notice shall be posted at the main entrance and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

   102.4 Unsafe Buildings: Hearing.

      102.4.1 Right of hearing. The party concerned or the Building Official may request a hearing regarding the unsafe condition of the building or structure. The request by the interested party shall be made in writing to the Building Official within 30 days of the date of the notice of the unsafe condition. A hearing shall be requested by the Building Official prior to demolition or repair of an unsafe building by the City except when such demolition or repair is done under the emergency procedure set forth in this Chapter. All interested parties who desire to be heard may appear before the Building Board of Appeals to show cause why the building or structure should not be ordered repaired, vacated and repaired, or demolished.

      102.4.2 Notice of hearing. Not less than ten days prior to the hearing, the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon every party concerned.

      102.4.3 Form and contents of notice. The notice of hearing shall state:

      1.   The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.

      2.   The conditions because of which the Building Official believed that the building or structure is an unsafe building.

      3.   The date, hour and place of the hearing.

      102.4.4 Posting of notice. The Building Official shall post one copy of the notice of hearing in a conspicuous place on the unsafe building involved, not less than ten days prior to the hearing.

      102.4.5 Hearing by Building Board of Appeals. The Building Board of Appeals shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.

      The Building Board of Appeals shall make written findings of fact as to whether or not the building or structure is an unsafe building as defined in this Chapter.

      When determined by the Building Official, the Building Rehabilitation Appeals Board shall hold the hearing in lieu of the Building Board of Appeals.

      102.4.6 Order. If the Building Board of Appeals finds that the building or structure is an unsafe building, it shall make an order based on its finding that:

      1.   The building or structure is an unsafe building and directing that repairs be made and specifying such repairs, or

      2.   The building or structure is an unsafe building and directing that it be vacated and that specified repairs be made, or

      3.   The building or structure is an unsafe building and directing that it shall be vacated and demolished.

      The order shall state the time within which the work required must be commenced, which shall not be less than 10 nor later than 30 days after the service of the order. The order shall state a reasonable time within which the work shall be completed. The Building Board of Appeals for good cause may extend the time for completion in writing.

      The order shall be served upon the same parties and in the same manner as required by Section 102.4.2 for the notice of hearing. It shall also be conspicuously posted on or about the building or structure.

   102.5 Unsafe Buildings: Demolition or Repair.

      102.5.1 Work by City. If the repairs or demolition necessary to remove the unsafe condition as set forth in the Notice of Unsafe Building is not made within the designated period and a hearing has not been requested by any party concerned, the Building Official shall request that a hearing be held regarding the unsafe condition. If the finding by the Building Board of Appeals is not complied with within the period designated by the Board, the Building Official may then secure or demolish such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the Building Board of Appeals.

      102.5.2 Emergency procedure. Whenever any portion of a structure constitutes an immediate hazard to life or property, and in the opinion of the Building Official, the conditions are such that repairs, or demolition must be undertaken within less than the designated period, the Building Official may take necessary action, such as performing alterations, repairs, and/or demolition of the structures, to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the Building Official’s opinion, immediate action is necessary.

      102.5.3 Costs. The costs incurred by actions taken pursuant to Sections 102.5.1 and 102.5.2 including the entire cost of the services rendered by the County, shall be a special assessment against the property upon which the structure stood. The Building Official shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. Within five days of the receipt of such notice, any such party concerned may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment. Any party concerned who did not receive a notice pursuant to Section 102.2 and who has not had a hearing on the necessity of the demolition or repairs in such request for hearing also may ask that such necessity be reviewed. The Building Board of Appeals thereupon shall set the matter for hearing; give such party concerned notice thereof as provided in Section 102.4.2; hold such hearing and determine the reasonableness or correctness of the assessment, or both; and if requested, determine the necessity of the demolition or repairs. The Building Board of Appeals, in writing, shall notify such party concerned of its decision. If the total assessment determined as provided for in this section is not paid in full within 10 days after receipt of such notice from the Building Official or the Building Board of Appeals, as the case may be, the Building Official shall record in the office of the Department of Registrar-Recorder a statement of the total balance still due and a legal description of the property. From the date of such recording, such balance due shall be a special assessment against the parcel.

      The assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All the laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such special assessment.

      102.5.4 Interference Prohibited. A person shall not obstruct, impede, or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the Building Board of Appeals to be repaired, vacated and repaired, or vacated and demolished or removed, whenever the Building Official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this Chapter, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.

      102.5.5 Prosecution. In case the owner shall fail, neglect or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the Building Official shall cause the owner of the building to be prosecuted as a violator of this Code.

   102.6 Posting of signs for damage assessment. The building official shall cause placard(s) to be posted on buildings upon completion of a safety assessment.

   All placards shall read “Department of Community Development, City of Alhambra.” The placards shall also indicate the condition of the structure for continued occupancy, and shall read substantially as follows:

   1.   “INSPECTED - Lawful Occupancy Permitted” (green placard) shall be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

   2.   “RESTRICTED USE” (yellow placard) shall be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. This placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

   3.   “UNSAFE - Do Not Enter or Occupy” (red placard) shall be posted on each building or structure that has been damaged such that the continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. This placard is not to be used or considered as a demolition order. This placard will note in general terms the type of damage encountered.

   Such notice shall be posted at the main entrance(s) and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

   103 - VIOLATIONS AND PENALTIES

   103.1 Compliance with Code. It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or perform any grading in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

   103.2 Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

   103.3 Penalty. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be 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 $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code.

   103.4 Recordation of Violation.

      103.4.1 General. The Building Official may record a notice with the County Recorder’s Office that a property, building, or structure, or any part thereof, is in violation of any provision of this Code provided that the provisions of this Section are complied with. The remedy provided by this Section is cumulative to any other enforcement actions permitted by this Code.

      103.4.2 Recordation. If (1) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Code; and if (2) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code.

      Following the recordation of the notice of violation the Building Official is not required to conduct an inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other similarly interested private party to comply with the above provisions.

      103.4.3 Notice. The written notice given pursuant to this Section shall indicate:

      1.   The nature of the violation(s); and

      2.   That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.

      103.4.4 Rescission. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the Building Official determines that the work covered by such permit(s) has been satisfactorily completed, the Building Official may record a notice rescinding the prior notice of violation.

   103.5 Costs. Any person that violates any provision of this Code shall be responsible for the costs of any and all Code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified in Section 115.

   103.6 Work without Permit. Whenever any work has been commenced without a permit as required by the provisions of this Code, a special investigation shall be made prior to the issuance of the permit. An investigation fee specified as per section 115 shall be collected for each permit so investigated.

      EXCEPTION: When the building official has determined that the owner-builder of a one- or two-family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building Division of the City of Alhambra the investigation fee shall be specified as per the section 115.

   The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. For additional provisions, applicable to grading, see Appendix J.

   103.7 Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the building official shall have the authority to collect a noncompliance fee.

   The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. For additional provisions, applicable to grading, see Appendix J

   104 - ORGANIZATION AND ENFORCEMENT

   104.1 Building Division. There is hereby established a division in the City Community Development Department to be known and designated as the Building Division.

   104.2 Powers and Duties of the Building Official.

      104.2.1 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code, including the Electrical Code, the Plumbing Code, the

      Mechanical Code, the Residential Code, the Existing Building Code and the Green Building Standards Code, and to make all inspections pursuant to the provisions of each such Code. For such purposes, the Building Official shall have the powers of a law enforcement officer.

      The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this Code.

      The Building Official shall classify every building or portion thereof into one of the occupancies set forth in Chapter 3 of this Code according to its use or the character of its occupancy.

      The Building Official shall also classify every building into one of the types of construction set forth in Chapter 6 of this Code.

         104.2.1.1 The Building Official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. A copy of said regulations and policies shall be maintained in the offices of the Building Official.

         104.2.2 Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division.

      104.2.3 Right of entry.

         104.2.3.1 Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in any building, structure, or grading, or upon any premises any condition which makes such building, structure, or grading, or premises hazardous, unsafe, or dangerous for any reason specified in this Code or other similar law, the Building Official or an authorized representative hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building Official by this Code or other applicable law; provided that (i) if such property is occupied, then the Building Official shall first present proper credentials to the occupant and request entry explaining the reasons therefor; and (ii) if such property is unoccupied, then the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefor. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence or if entry is refused, then the Building Official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

         104.2.3.2 Notwithstanding the foregoing, if the Building Official or an authorized representative has reasonable cause to believe that the building or grading or premises is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the Building Official shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

         104.2.3.3 “Authorized representative” shall include the officers named in section 104.2.2 and their authorized inspection personnel.

         104.2.3.4 No person shall fail or refuse, after proper demand has been made upon such person as provided in this subsection, to promptly permit the Building Official or an authorized representative to make any inspection provided for by Subsection 104.2.3.2. Any person violating Section 104.2.3 shall be guilty of a misdemeanor.

      104.2.4 Stop orders. Whenever any building or grading work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

      104.2.5 Occupancy violations. Whenever any structure or portion thereof is being used contrary to the provisions of this Code, or other pertinent laws or ordinances, or whenever any structure or portion thereof which was built contrary to the provisions of this Code or other pertinent laws or ordinances, is being used or occupied, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within 10 days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code, provided, however, that in the event of an unsafe building Section 102 shall apply.

      104.2.6 Liability. The liability and indemnification of the Building Official and any subordinates are governed by the provisions of Division 3.6 of Title 1 of the Government Code.

      104.2.7 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official shall have the authority to grant modifications, on a case by case basis, upon application of the owner or the owner’s authorized agent, provided the building official shall first find that a special individual reason makes the strict letter of this Code, relevant laws, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant laws, ordinances, rules and regulations and that such modification does not lessen any fire protection or other life safety related requirements, accessibility, or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City.

      A written application for a modification shall be submitted together with a filing fee established by separate fee resolution or ordinance. When staff review exceeds two hours, an additional hourly fee shall be charged for each hour or fraction thereof more than two hours.

      104.2.8 Alternate materials, design and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material, appliances, installation, device, arrangement, method, design or method of construction not specifically prescribed by this Code, provided any such alternate has been approved.

      The building official may approve on a case by case basis any such alternate, provided that he or she finds that the proposed design is satisfactory and complies with the provisions of this Code and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance and other life-safety factors, durability, planning and design, energy, material resource efficiency and conservation, environmental air quality, performance, water and sanitation.

      The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.

      A written application for use of an alternate material, design or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance.

      104.2.9 Tests. Whenever there is insufficient evidence of compliance with the provisions of this Code or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be made at the expense of the owner or the owner’s agent by an approved agency.

      Test methods shall be as specified by this Code for the material in question. If there are no appropriate test methods specified in this Code, the Building Official shall determine the test procedure. Reports of such test shall be retained by the Building Official in accordance with the City’s guidelines for the retention of public records.

      104.2.10 Cooperation of other officials. The Building Official may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City.

      104.2.11 Demolition. Whenever the term “demolition” or “demolish” is used in this Code it shall include the removal of the resulting debris from such demolition the proper abandonment of any sewer or sewage disposal system when applicable, and the protection or filling of excavations exposed by such demolition as may be required by this Code or other ordinances or laws.

      104.2.12 Service. Whenever in this Code a notice is required to be served by personal service or by registered or certified mail, it shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record and on the record of the County Assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the structure a copy of the notice.

      104.2.13 Amendments to Ordinances. Whenever any reference is made to any other ordinance such reference shall be deemed to include all future amendments thereto.

      104.2.14 Validity. 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 this ordinance. The City Council hereby declares that it would have passed this ordinance, 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.

   104.3 Definitions. In additions to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine.

   In the event of conflicts between these definitions and definitions that appear else where in this Code, these definitions shall govern and be applicable.

   BOARD OF SUPERVISORS shall mean the City of Alhambra City Council.

   BUILDING CODE shall mean the Los Angeles County Code Title 26 as adopted and amended by the City of Alhambra.

   BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department.

   BUILDING OFFICIAL shall mean the Director of Community Development or other designated authority charged with the administration and enforcement of this Code, or the Director’s duly authorized representative.

   BUILDING REHABILITATION APPEALS BOARD shall mean the City of Alhambra City Council.

   CALGREEN see Green Building Standards Code definition.

   COUNTY may mean City of Alhambra or Los Angeles County depending on the context.

   ELECTRICAL CODE shall mean the Los Angeles County Code Title 27 as adopted and amended by the City of Alhambra.

   ENERGY CODE shall mean California Code of Regulations Title 24, Part 6.

   EXISTING BUILDING CODE shall mean the Los Angeles County Code Title 33 as adopted and amended by the City of Alhambra.

   FIRE CODE shall mean the California Code of Regulations Title 24, Part 9 as adopted and amended by the City of Alhambra.

   GREEN BUILDING STANDARDS CODE shall mean California Code of Regulations Title 24, Part 11.

   HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean the Division 1 of Title 11 of Los Angeles County Code.

   LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Alhambra Public Works Department or the Los Angeles County Flood Control District.

   MECHANICAL CODE shall mean the Los Angeles County Code Title 29 as adopted and amended by the City of Alhambra.

   NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses.

   NONINSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, pursuant to Section 107, but which has progressed beyond the point indicated in successive inspections, including but not limited to inspections set forth in Section 117, without first obtaining inspection by and approval of the building official.

   PLUMBING CODE shall mean the Los Angeles County Code Title 28 as adopted and amended by the City of Alhambra.

   RESIDENTIAL BUILDING CODE shall mean the Los Angeles County Code Title 30 as adopted and amended by the City of Alhambra.

   ROAD COMMISSIONER shall mean the City Engineer.

   UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Alhambra.

   UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official.

   105 - APPEALS BOARDS

   105.1 Technical Interpretations Appeals Board. When a request for an alternate material has been proposed by an applicant and denied by the building official, the applicant may appeal the building official’s decision to the Technical Interpretations Appeals Board no later than 60 calendar days from the date of the action being appealed from.

   The board shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a competent builder, one a lawyer and two shall be civil or structural engineers, each of whom shall have had at least ten years experience as an architect, builder, lawyer or structural designer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.

   105.2 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the building official concerning accessibility and to ratify certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also known as the California Building Standards Code), and to serve as an advisor to the building official on disabled access matters; there shall be an accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be an ex officio member and shall act as secretary to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.

   The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion.

   105.3 Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the board be empowered to waive requirements of this Code.

   105.4 Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section.

   All requests to appeal determinations, orders or actions of the building official or to seek modifications of previous orders of the appeals boards shall be presented in writing.

   106 - BUILDING PLAN REQUIREMENTS

   106.1 General. When required by the building official to verify compliance with this Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, geological or engineering reports and other required data shall be submitted for plan review along with applicable plan review fees per section 115. The building official may require plans and calculations to be prepared by an engineer or architect licensed or registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a building permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction.

   When authorized by the building official, complete plans and calculations need not be submitted for the following work when information sufficient to clearly define the nature and scope of the work are submitted for review:

   1.   One-story buildings of conventional light-frame construction with a gross floor area not exceeding 600 square feet;

   2.   Work deemed by the building official as minor, small and/or unimportant work.

   Where applicable, submittals shall include special inspection requirements and structural observation requirements as required by Chapter 17.

   Plans, calculations, reports or documents for work regulated by this Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a civil engineer, structural engineer, mechanical engineer, electrical engineer, soils engineer or architect registered or certified to practice in the State of California when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect.

   For buildings exceeding 160 feet (48.77 m) in height, the structural calculations and each sheet of structural plans shall be prepared under the supervision of and shall bear the signature or approved stamp of a person authorized by the State of California to use the title structural engineer. In addition, all architectural sheets shall bear the signature or approved stamp of an architect licensed by the State of California.

   All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the plan review requirements of this section.

   For additional provisions applicable to grading, see Appendix J.

   106.2 Architect or Engineer of Record. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to designate on the permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

   The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

   106.3 Information Required on Building Plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official, shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations.

   The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner(s) and all persons who were involved in the design and preparation of the plans.

   Plans shall include a plot plan showing the location of the proposed building and of every existing building on the premises. In lieu of specific details, the building official may approve references on the plans to a specific section or part of this Code, relevant laws, ordinances, rules and/or regulations. Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the Building Official.

   When deemed necessary by the building official, the first sheet of each set of plans shall indicate the following information:

   1.   The building Type of Construction;

   2.   Whether fire sprinklers are installed in all or any portion of the building;

   3.   Existing building areas and areas of all additions;

   4.   The number of stories of the building;

   5.   The use of all new and existing rooms and/or areas;

   6.   The Occupancy Classifications of each occupancy;

   7.   The Code in effect on the date of plan check submittal.

   The plans shall show all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the City. For the application of NPDES permit requirements as they apply to grading plans and permits, see Appendix J of this code. For additional provisions applicable to grading, see Appendix J.

   106.4 Drainage Review Requirement. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.

   A site inspection may be required prior to plan check of building plans for lots or parcels in areas having slopes of five horizontal to one vertical (5:1) or steeper when the building official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction. The fee for such inspection shall be as set forth by ordinance or resolution. Such a preinspection shall not be required for a building pad graded under the provisions of Appendix J.

   For additional provisions applicable to grading, see Appendix J.

   106.5 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the building official within a specified period.

   Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official.

   Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

   106.6 Standard Plans. The building official may approve a set of plans for a building or structure as a “standard plan,” provided that the applicant has made proper application and submitted complete sets of plans as required by this section.

   Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided in this section. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances which have become effective since the approval of the standard plan. The standard plans shall become null and void where the work required by such changes exceeds five percent of the value of the building or structure.

   Standard plans shall be valid for a period of one year from the date of approval. This period may be extended by the building official when there is evidence that the plans may be used again and the plans show compliance with this Code, relevant laws, ordinances, rules and regulations.

   106.7 Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be returned to the applicant or destroyed by the building official.

   When requested in writing by the applicant and prior the effective date of a more current code, the Building Official within their discretion may grant extension(s) not exceeding 1 year provided;

   1.   Circumstances beyond the control of the applicant have prevented action from being taken;

   2.   An extension fee is paid as determined by the Building Official, not to exceed 25 percent of the plan check fee.

   Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee.

   106.8 Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein.

   107 - PERMIT REQUIREMENTS

   107.1 Permit Required. No person, shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, or equip any building, structure, or portion thereof, perform any grading, or cause the same to be done, without first obtaining a separate permit for each such building, structure or grading from the Building Official.

   The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with this Code and all relevant laws, ordinances, rules and regulations.

   No person shall install, alter, repair, move, improve, remove, connect any automatic fire-protection system regulated by this Code, or cause the same to be done, without first obtaining a separate permit for each such building or structure from the building official.

   All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the permit requirements of this section.

   For additional provisions applicable to grading, see Appendix J.

   107.2 Work Exempted. Exemption from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances.

   Unless otherwise exempted by the City of Alhambra Plumbing, Electrical or Mechanical Codes, separate plumbing, electrical and mechanical permits will be required for the below-exempted items.

   A building permit shall not be required for the following:

   1.   Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies.

   2.   Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply.

   3.   Repairing broken window glass not required by the Building Code to be safety or security glazing.

   4.   One-story detached accessory buildings used as tool and storage sheds, playhouses, shade structures, and similar uses, provided the gross floor area does not exceed 120 square feet, the height does not exceed 12 feet and the maximum roof projection does not exceed 24 inches.

   5.   Chain-link, wrought-iron and similar fences not more than 12 feet in height.

   6.   Masonry, concrete, wood and similar fences not more than 6 feet in height.

      Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind.

   7.   Retaining walls that retain not more than 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids.

   8.   Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position.

   9.   Light standards that do not exceed 30 feet in height.

   10.   Flagpoles not erected upon a building and not more than 15 feet high.

   11.   A tree house provided that:

      1.   The tree house does not exceed 64 square feet in area or 8 feet in height from floor to roof.

      2.   The ceiling height as established by door height or plate line does not exceed 6 feet.

   12.   Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy and extending not more than 54 inches from the exterior wall of the building.

   13.   Sheds, office or storage buildings, and other structures that are less than 1,500 square feet and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.

   14.   Decks, walks and driveways not more than 30 inches above grade and not over any basement or story below and that are not part of an accessible route.

   15.   Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches deep, or do not exceed 5,000 gallons (18,927 L), and are installed entirely above adjacent grade.

   16.   Playground equipment.

   17.   Membrane structures not regulated by California Title 19, not exceeding 250 square feet in area, used exclusively for residential recreational purposes or as a cover for vehicles, and located in accordance with other City ordinances.

   18.   Steel tanks supported on a foundation not more than 2 feet (610 mm) above grade when the height does not exceed 1-1/2 times the diameter.

   19.   Gantry cranes and similar equipment.

   20.   Bridges not involving buildings.

   21.   Motion picture, television and theater stage sets and scenery, except when used as a building.

   22.   Oil derricks.

   23.   Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

   107.3 Application for Permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the City for that purpose. Each such application shall:

   1.   Identify and describe the work to be covered by the permit for which application is made.

   2.   Describe the land on which the proposed work is to be done by lot, block, tract, street address, or similar description that will readily identify and locate the proposed building or work.

   3.   Show the use and occupancy of all parts of the building.

   4.   Be accompanied by plans and calculations as required in Section 106.

   5.   State the valuation of the proposed work or, for grading, the volume of earth to be handled.

   6.   Give such other information as reasonably may be required by the building official.

   107.4 Issuance. The building official shall issue a permit to the applicant for the work described in the application and plans filed therewith when the building official is satisfied that all of the following items comply:

   1.   The work described conforms to the requirements of this Code, relevant laws, ordinances, rules and regulations.

   2.   The fees specified by resolution or ordinance have been paid.

   3.   The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq, if such a permit is required.

   When the building official issues the permit, the building official shall endorse in writing or stamp on both sets of plans “REVIEWED FOR SUBSTANTIAL COMPLIANCE ONLY.” Such stamped plans shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the currently adopted Codes in effect at the time of permit issuance regardless of the information presented on the plans. The approval of the plans shall not be held to permit or to be an approval of any violation of any Federal, State, County or City laws or ordinances. The issuance of a permit shall not be deemed to certify that the site of the described work is safe.

   One set of approved plans shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress.

   The building official may issue a permit for the construction of part of a building or structure before the entire plans and calculations for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted.

   107.5 Permit Validity. The issuance or granting of a permit or approval of plans and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, relevant laws, ordinances, rules and regulations. No permit presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful.

   The issuance of a permit based on plans and calculations shall not prevent the building official from thereafter requiring the correction of errors in said plans and calculations or from preventing building operations being carried on there under when in violation of this Code, relevant laws, ordinances, rules and regulations.

   107.6 Expiration of Permit. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void one year after the date of the last required building inspection approval by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit. Before such work can be commenced or recommenced, a new permit shall be first obtained.

   For the purposes of this paragraph, “required building inspection” shall mean those inspections listed in Section 117.4.2, and those inspections specifically identified on the Job Record issued with the building permit. No partial inspection shall meet the definition of “required building inspection.” Supplementary permits for electrical, grading, mechanical, plumbing, and reroof shall not expire so long as the associated building permit remains active. No electrical, grading, mechanical, plumbing or reroof inspection shall satisfy the requirement to have a required building inspection as defined in this Section.

   Where a new building permit is issued to complete work previously started under an expired permit, a permit fee and or plan review fee shall be collected in an amount determined by the Building Official, not to exceed 25 percent of the permit fee provided;

   1)   Applicant request in writing prior the effective date of a more current code

   2)   that the duration of time from the date of expiration has not exceeded one year

   3)   that no changes have been made or will be made in the original plans and calculations for such work;

   Applicable Plan review fees and Permit fees, in addition to issuance fees, for the remaining work based on the remaining work valuation shall be collected for all permits which do not meet the preceding criteria.

   All work to be performed under the new permit must be done in accordance with the Building Code in effect on the date of issuance of the new permit.

   107.7 Permit Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code, relevant laws, ordinances, rules and regulations whenever the permit was issued in error or on the basis of incorrect information supplied, or in violation of any other laws, ordinances or regulations or any of the provisions of this Code.

   The building official may also, in writing, withhold inspections, suspend or revoke a permit where work is being done in violation of this Code, where work is being done in violation of the approved plans, where work is being concealed without approval from the building official or where work is not in accordance with the direction of the building official.

   107.8 Cancellation of Permit by Applicant. If no portion of the work or construction covered by a permit issued by the building official under the provisions of this Code, relevant laws, ordinances, rules and regulations has been commenced, the person to whom such permit has been issued may deliver such permit to the building official with a request that such permit be cancelled. Only the person to whom such permit was issued may request cancellation of the permit. The building official shall thereupon stamp or write on the face of such permit the words, “Cancelled at the request of the applicant.” Thereupon such permit shall be null and void and of no effect. All fees except for issuance fees shall be returned to the applicant.

   107.9 Transfer of Permit by Applicant.

      107.9.1 No Inspection Performed. When requested in writing by the person to whom the permit was issued, a permit may be transferred from the person to whom the permit was issued to a new individual. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution.

      107.9.2 One or More Inspection Performed. Permits may be transferred to any individual upon completion of a new application. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution.

      107.9.3 Permit Duration Remains Unchanged. Transfer of a permit shall be considered a continuation of the previous permit when determining the permit’s duration, and shall in no way extend the duration of the preceding, permit.

   108 - RESERVED

   109 - USE AND OCCUPANCY

   109.1 General. No building, structure or premises, or portion thereof, shall be used or occupied, and no change in the existing occupancy classification of a building, structure or premises, or portion thereof, shall be made until the building official has approved the building, structure or premises or portion thereof for such use or occupancy and until all permits have been approved or a temporary certificate of completed construction has been issued.

   Upon final of a building permit and at the request of the applicant, a certificate of completed construction shall be issued by the building official for any structure which is ready to occupy.

   Approval of a building, structure or premises, or portion thereof, for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of completed construction or issuance of a temporary certificate of completed construction) shall not be construed as approval of a violation of the provisions of this Code, relevant laws, ordinances, rules and/or regulations. Approvals presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and/or regulations are not valid.

   The building official may, in writing, suspend or revoke any such approvals or certificates whenever the building official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of this Code, relevant laws, ordinances, rules and/or regulations. Any certificate of completed construction or temporary certificate of completed construction so issued shall be surrendered upon request of the building official.

   109.2 Unpermitted Structures. No person shall own, use, occupy or maintain any unpermitted structure.

   109.3 Change in Use. Changes in the character or use of a building shall not be made except as specified in Existing Building Code.

   109.4 Issuance of a Certificate of Completed Construction. When the building, structure or premises, or portion thereof, has passed final inspection, and when the building, structure or premises complies with this Code, relevant laws, ordinances, rules and regulations, and the required fees have been paid, the building official, upon request of the applicant, shall issue a certificate of completed construction which shall contain the following:

   1.   The building permit number.

   2.   The address of the building or structure.

   3.   A description of that portion of the building for which the certificate is issued.

   4.   A statement that the described portion of the building was inspected and found to comply with the requirements of this Code, relevant laws, ordinances, rules and regulations for the group and division of occupancy and the use for which the proposed occupancy is classified.

   5.   The date the permit was approved.

   6.   Any other information deemed necessary by the building official. For additional provisions applicable to grading, see Appendix J.

   109.5 Issuance of a Temporary Certificate of Completed Construction. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, the building official may issue a temporary certificate of completed construction for the use of a portion or portions of a building, structure or premises, prior to the completion of the entire building, structure or premises, or portion thereof.

   Such temporary certificate of completed construction shall be valid for a period of time to be specified by the building official. Upon request of the owner or permittee the building official may, in writing, extend the temporary certificate of completed construction when it is determined that the circumstances so warrant. After the expiration of a temporary certificate of completed construction and any extension(s) thereof, the building, structure or premises, or portion thereof, shall not be used or occupied until the building official has approved the building for such use or occupancy.

   109.6. Live Load posted. In new construction, a durable sign that indicates the “live load” shall be required in commercial or industrial buildings where the floor or roof or portion thereof is or has been designed with a live load that exceeds 50 psf. The live load sign shall be posted on that part of each story or roof to which it applies, in a conspicuous place. The live load sign shall be posted as a condition precedent to the issuance of a certificate of completed construction certificate. It shall be unlawful to remove or deface any such sign.

   109.7 Continued Use of Unpermitted and/or Noncomplying Conditions. When deemed appropriate by the building official, a certificate of continued use of unpermitted and/or noncomplying condition(s) may be issued. Building Official shall have the authority to condition such continued use. The certificate shall not be issued until documentation, satisfactory to the building official, has been provided indicating that 1) the unpermitted and/or noncomplying condition(s) were not created by the current owner, and 2) that the current owner had no knowledge that the conditions were unpermitted and/or noncomplying at the time of purchase.

   An application shall be completed which states 1) that the continued use of the existing unpermitted construction and or noncomplying conditions is permitted by the City only with the owner’s understanding that the City in no way assumes responsibility for the method of construction or the materials used; and 2) that it is further understood that this application for continued use is not to be construed as being equivalent in any way to a building permit.

   An inspection shall then be made by the building official. Where necessary, permits shall be issued to correct any conditions deemed to pose a potential threat to life, limb or property. Once the inspection(s) have been made; all necessary permits have been obtained, inspected and approved; and all obvious potential threats to life, limb or property have been corrected, the building official may approve the application for unpermitted construction and or noncomplying condition(s). When approved by the building official, conditions deemed not to pose an potential threat to life, limb or property may be permitted to remain.

   110 - PROHIBITED USES OF BUILDING SITES

   110.1 Flood Hazard. Buildings are not permitted in an area determined by the Building Official to be subject to flood hazard by reason of inundation, overflow or erosion.

   The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. This prohibition shall not apply when provision is made to eliminate such hazard to the satisfaction of the Building Official by providing adequate drainage facilities by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. The Building Official, in the application of this Section for buildings, structures, and grading located in whole or in part in flood hazard areas, shall enforce, as a minimum, the current Federal Flood Plain Management Regulations defined in Title 44, Code of Federal Regulations, Section 60.3, and may require the applicant or property owner to provide the following information and/or comply with the following provisions:

   1.   Delineation of flood hazard areas, floodway boundaries and flood zones, and the design flood elevation, as appropriate;

   2.   The elevation of the proposed lowest floor, including basement, in flood hazard areas (A Zones), and the height of the proposed lowest floor, including basement, above the highest adjacent grade;

   3.   The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone);

   4.   If the design flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), then the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources, as approved by the Building Official; and

   5.   During construction, upon placement of the lowest floor, including basement, and prior to further vertical construction, the permittee shall provide to the Building Official documentation, prepared and sealed by a registered design professional, certifying the elevation of the lowest floor, including basement.

   110.2 Geotechnical Hazards.

      110.2.1 No building or grading permit shall be issued under the provisions of this section when the Building Official finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geotechnically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or change in use of, the site for which the permit is requested. For the purpose of this section, a geotechnically hazardous condition does not include surface displacement due to earthquake faults.

      110.2.2 Except as provided in Section 110.2.3, work requiring a building or grading permit by this Code is not permitted in an area determined by the Building Official to be subject to hazard from landslide, settlement, or slippage. For the purpose of this Section, landslide, settlement, or slippage does not include surface displacement due to the earthquake faults.

      110.2.3 Subject to the conditions of Subsection 110.2.1, permits may be issued in the following cases.

         110.2.3.1 When the applicant has submitted an engineering geology and/or soils engineering report or reports complying with the provisions of Section 111 such that said reports show to the satisfaction of the Building Official that the hazard will be eliminated prior to the use or occupancy of the land or structures.

         110.2.3.2 When the applicant has submitted an engineering geology and/or soils engineering report or reports that comply with the provisions of Section 111, and that demonstrate, to the satisfaction of the Building Official, that the site is safe for the intended use.

         110.2.3.3 When the proposed work involves the alteration or minor repair of existing structures and the cost of such alteration or repair does not exceed 25 percent of the current valuation of the existing structure, such value to be based on assumed continuation of the established legal use. Before a permit may be issued pursuant to this section, the owner shall do all of the following:

         1.   If required by the Building Official, submit an engineering geology and/or soils engineering report or reports that contain(s), at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Code.

         2.   Record in the office of the Department of Registrar-Recorder, a statement that the owner is aware that the records of the Building Official indicate that the property is potentially subject to hazard from landslide, settlement, or slippage.

         3.   Record in the office of the Department of Registrar-Recorder, an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement or slippage no longer exists. The repair work shall consist of restoring the original construction. The Building Official may require that provisions be made in anticipation of future settlement. For the purposes of this Section 110.2.3.3, “alteration” does not include an addition or additions.

         110.2.3.4 When the proposed work involves an addition or additions to an existing structure but is not a change in use or occupancy and such work does not increase the gross floor area of the structure by more than 25 percent of the area of the structure as it existed on July 6, 1968, and the Building Official determines that the proposed work will not impact a historically active landslide. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

         1.   Submit an engineering geology and/or soils engineering report or reports that contain(s), at a minimum, a qualitative and/or a conditional finding that the proposed work complies with the provisions of Section 110.2.1.

         2.   Record in the office of the Department of Registrar-Recorder the finding of such report or reports.

         3.   Record in the office of the Department of Registrar-Recorder an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from the issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that a hazard from landslide, settlement, or slippage no longer exists.

         110.2.3.5 When the proposed work involves the repair of a single-family residence or accessory structures where the cost of such repair exceeds 25 percent of the current valuation of the existing building.

         The scope of the repair work shall be subject to the approval of the Building Official. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

         1.   Submit an engineering geology and/or soils engineering report or reports that contain(s), at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Code.

         2.   Record in the office of the Department of Registrar-Recorder a statement by the owner acknowledging that the records of the Building Official indicate that the property is potentially subject to hazard from landslide, settlement, or slippage.

         3.   Record in the office of the Department of Registrar-Recorder an agreement relieving the County and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement, or slippage no longer exists.

         110.2.3.6 When the proposed work involves the replacement of structures destroyed by causes other than landslide, settlement, or slippage, and the permit applicant was the owner of the property at the time of the loss, their immediate heir(s), or their authorized representative, and the application for a permit under this Section is filed no later than ten (10) years following the date of the loss.

         The replacement structure(s) shall not exceed the area, number of stories, load, or number of fixtures and bedrooms of the structure that was destroyed. No change in occupancy type shall be permitted. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

         1.   Demonstrate, to the satisfaction of the Building Official, that the replacement structure and/or the associated private sewage disposal system (if any) and/or the replacement landscaping (if any) will not result in a greater amount of groundwater infiltration than occurred under the original condition.

         2.   Submit an engineering geology and/or soils engineering report or reports that contain, at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Code and that contain recommendations for enhancing the stability of the site.

         3.   Record in the office of the Department of Registrar-Recorder a statement by the owner acknowledging that the owner is aware that the records of the Building Official indicate that the property is potentially subject to a hazard from landslide, settlement, or slippage.

         4.   Record in the office of the Department of Registrar-Recorder an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement, or slippage no longer exists.

         110.2.3.7 When the proposed work involves a one-story, detached, light-frame accessory structure not intended or used for human occupancy and not exceeding 400 square feet in gross floor area nor 12 feet in height. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

         1.   When required by the Building Official, submit an engineering geology and/or soils engineering report or reports that contain, at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1.

         2.   Record in the office of the Department of Registrar-Recorder a statement by the owner acknowledging that the owner is aware that the records of the Building Official indicate that the property is potentially subject to hazard from landslide, settlement, or slippage.

         3.   Record in the office of the Department of Registrar-Recorder an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement, or slippage no longer exists.

         110.2.3.8 When the Building Official determines that the hazard from landslide, settlement, or slippage is based solely on the fact that the area has been identified as a potentially liquefiable area in a seismic hazard zone (pursuant to Public Resources Code section 2690 et seq.) and a foundation investigation is performed in connection with the work in accordance with Section 1803 of this Code.

         110.2.3.9 Notwithstanding any other provisions of this Section, the Building Official may, at his or her discretion, deny a permit for any building, structure, or grading subject to hazard from landslide, settlement, or slippage, which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property, or the public.

         110.2.3.10 When the proposed work involves the repair and restoration of a slope. Before a permit may be issued pursuant to this Section, the owner shall submit an engineering geology and/or soils engineering report or reports that contain(s) the following:

         1.   A description and analysis of the existing conditions, including the cause or causes of the failed slope.

         2.   Recommendations for the repair of the failed slope.

         3.   A qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Code.

         4.   An analysis demonstrating that future failures originating from the repaired portion of the slope will not impact previously permitted structures.

         5.   An analysis demonstrating that the proposed work will improve existing slope stability.

   111 - ENGINEERING GEOLOGY AND SOILS ENGINEERING REPORTS

   The Building Official may require an engineering geology or soils engineering report, or both, where in the Building Official’s opinion, such reports are essential for the evaluation of the safety of the site. The engineering geology or soils engineering report or both shall contain a finding regarding the safety of the site of the proposed work against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed work will have on the geotechnical stability of the area outside of the proposed work. Any engineering geology report shall be prepared by a certified engineering geologist licensed in the State of California. Any soils engineering report shall be prepared by a civil engineer licensed in the State of California, experienced in the field of soil mechanics, or a geotechnical engineer licensed in the State of California. When both an engineering geology and soils engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official.

   112 - EARTHQUAKE FAULT MAPS

   Earthquake fault zone maps within the City prepared under Sections 2622 and 2623 of the California Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Earthquake fault zone maps revised under the above sections of the California Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace.

   SECTION 113 - EARTHQUAKE FAULTS

   113.1 General. The construction of a building or structure near a known active earthquake fault and regulated by this Code shall be permitted as set forth in this Section.

   113.2 Scope. The provisions of this Section shall apply only to permits for buildings or structures on individual lots or parcels and are not intended to be supplementary to geologic investigations required to qualify divisions of land as set forth in Title 22 (Subdivisions) of the City of Alhambra Municipal Code.

   113.3 Definition. For the purpose of this Section, a geologist shall be a professional geologist, licensed by the California State Board for Geologists and Geophysicists to practice geology in California.

   113.4 Known Active Earthquake Faults. For the purpose of this Section, known active earthquake faults are those faults which have had displacement within Holocene time (approximately the last 11,000 years) as defined in the most current issue of Special Publication 42 of the California Geological Survey.

   113.5 Construction Limitations. No building or structure shall be constructed over or upon the trace of a known active earthquake fault which is shown on maps maintained by the Building Official. These maps include, but are not limited to, earthquake fault zone maps prepared under Sections 2622 and 2623 of the California Public Resources Code.

   The absence of a known active earthquake fault trace at the proposed building location shall be determined by a professional geologist licensed in the State of California in the following cases:

   1.   When the proposed building is within (50) feet (15.24 m) of that line designated by the Building Official as the assumed location of a known active earthquake fault on the aforementioned maps.

   2.   When the proposed building is within 50 feet (15.24 m) of the most probable ground location of the trace of a known active earthquake fault shown on the aforementioned maps.

   In these cases the Building Official may require the excavation of a trench, for the purpose of determining the existence of an active earthquake fault. Such a trench will be required if a lack of distinguishable fault features in the vicinity prevents the Building Official from determining by a site examination, review of available aerial photographs, or by other means that the fault trace does not underlie the proposed building. The trench shall be approximately perpendicular to the most probable direction of the fault trace, at least 1-1/2 feet (0.15 m) wide, and at least five feet in depth measured from natural grade, or to a depth satisfactory to the Building Official.

   The trench must be accessible for mapping and inspection by the Building Official, when requested, and meet the requirements of Title 8 of the California Code of Regulations, Construction Safety Orders. The trench need not extend further than the full width of the proposed structure plus 5 feet (1.52 m) beyond the traversed exterior walls. A known active earthquake fault shall be presumed nonexistent if an exposure is not found by the professional geologist in the walls or floor of the trench.

   The Building Official may require a more extensive investigation by a professional geologist as evidence to the absence of a known active earthquake fault prior to the issuance of a permit for Groups A, E, I, H and R, Division 1 Occupancies and B, F, M and S Occupancies over one story in height.

   The results of the investigation, conclusions and recommendations shall be presented in a geology report prepared by a professional geologist as defined by Section 113.3. The report shall comply with the guidelines presented in Note 49 prepared by the California Department of Conservation, Geological Survey.

      EXCEPTION: The provisions of this Section do not apply to:

      1.   One-story, detached light-frame buildings not intended or used for human occupancy and not exceeding 1,000 square feet (92.9 m2) in gross floor area or 12 feet (3.66 m) in building height.

      2.   Alterations or repairs to an existing building provided that the aggregate value of such work within any 12-month period does not exceed 50 percent of the current market value of the existing building. For the purposes of this Section 113.5, “alteration” does not include an addition or additions.

      3.   Swimming pools, retaining walls, fences and minor work of a similar nature.

   114 - FACTORY-BUILT HOUSING

   114.1 Plans shall be submitted for plan review for all field built portions of factory-built structures which clearly describe all work to be done at the site, including connection and/or anchorage of the factory-built structure to the field built foundation and connection of utilities. Plans shall indicate compliance with this Code, relevant laws, ordinances; rules and regulations for all work which is to be done at the site.

   115 - FEES

   115.1 Plan review fees shall be as adopted by a separate resolution and/or ordinance.

   Plan checking fees shall be paid at the time of plan review submittal. In addition to the aforementioned fees, the building official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors the part of the applicant.

   115.2 Permit fees shall be as adopted by separate resolution and/or ordinance. Permit fees shall be paid at the time of permit issuance.

   115.3 The determination of value or valuation under any of the provisions of this code shall be made by the building official. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire protection systems and any other permanent work or permanent equipment.

   116 - REFUNDS

   116.1 Permit Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled as provided for in Section 107.8, the permittee may submit a written request to the building official requesting a refund of permit fees. Permit fees may be refunded to the permit applicant, but permit issuance fees shall not. The building official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid to the permit applicant, provided the request has been submitted within one year from the date of cancellation or expiration of the permit.

   116.2 Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 80 percent of the plan checking fee shall be refunded. Notwithstanding prior, City shall not retain more than $2000 of any plan check portion of the fees.

   117 - INSPECTIONS

   117.1 General. All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official.

   In addition to the inspections required to be made by the building official, certain types of construction shall have continuous inspection as specified in Chapter 17. Special inspections made in accordance with Chapter 17 shall not relieve the permit applicant of the responsibility to have the work inspected and approved by the building official.

   Approval as a result of an inspection shall not be construed to be an approval of a violation of any provision of this Code, relevant laws, ordinances, rules or regulations. Inspections presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall not be valid.

   It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

   It shall be the duty of the permit applicant to provide access for the inspector to the area of work. Access may include, but shall not be limited to, ladders, scaffolding, catwalks and lifts. It shall be the duty of the permit applicant to maintain a safe access path for the inspector to the area of work. Safety precautions may include, but shall not be limited to handrails, guardrails and safety harnesses. All components of the access path shall be securely anchored in place. The building inspector shall have the right to refuse to make any inspection in an area which does not have an access path deemed safe for use by said building inspector. It shall be the duty of the permit applicant to make any necessary improvements to the access path to allow inspection by the building inspector.

   It shall be the duty of the permit applicant to protect all existing construction from damage caused during inspection. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material damaged during the course of inspection.

   For additional provisions applicable to grading, see Appendix J.

   117.2 Inspection Requests. It shall be the duty of the permit holder to notify the Building Official that work authorized by a permit is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.

   It shall be the duty of the person requesting any inspection required by this Code, relevant laws, ordinances, rules and regulations to provide access to and means for inspection of such work. For additional provisions applicable to grading, see Appendix J.

   117.3 Inspection Record Card. When deemed necessary by the building official, work requiring a permit shall not be commenced until the applicant has posted or otherwise made available an inspection record card so as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall continue to be posted or otherwise made available by the permit holder until final approval of the permit has been granted by the building official.

   For additional provisions applicable to grading, see Appendix J.

   117.4 Work Ready For Inspection.

      117.4.1 General. Upon notification from the applicant that the work for which there is a valid permit is ready for inspection, the building official shall be allowed to make all applicable inspections specified in this

      Code, on the inspection record card and any additional inspections required by the building official. No work shall be approved by the building official which was not completely verified. Partial or spot inspections shall not be performed by the building official, nor shall partial or spot inspection be used as a justification for approving any required inspection.

      Inspection by a special inspector shall not be made in-lieu of any inspections required to be made by the building official.

      For additional provisions applicable to grading, see Appendix J.

      117.4.2 Minimum Inspection Requirements. The following inspections shall not be requested until the associated requirements have been satisfied.

      1.   Foundation inspection: Shall not be requested until all trenches are excavated and forms erected, any required reinforcing steel is in place, and when all materials for the foundation are delivered to the job. All holdown hardware shall be securely installed in place. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job. Where any fill more than 8 inches in depth is placed, and/or where required by the building official or the soils engineer, compaction tests shall be submitted to the building official prior to requesting inspection.

         Where required by the soils engineer, foundation trenching shall be reviewed and approved by the soils engineer prior to requesting inspection.

      2.   Concrete slab or under-floor inspection: Shall not be requested until all in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is poured and/or floor sheathing installed, including the subfloor.

      3.   Floor sheathing inspection: Floor sheathing inspection shall not be requested until all sheathing is in place; all diaphragm nailing is complete; and all diaphragm ties, chords and/or drag struts have been installed. No walls shall be erected above the floor sheathing.

      4.   Roof sheathing inspection: Roof sheathing inspection shall not be requested until all sheathing is in place; all diaphragm nailing is complete; and all diaphragm ties, chords and/or drag struts have been installed. No portion of the roof sheathing shall be covered by crickets or similar construction.

      5.   Frame inspection: Shall not be requested until after the roof, all framing, fire blocking and bracing are in place and all pipes, chimneys, vents and all rough electrical, plumbing and mechanical work are complete. Roof coverings shall not be installed.

      6.   Lath inspection and/or wallboard: Shall not be requested until after all lathing and/or wallboard, interior and exterior, is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

      7.   Final inspection: Shall not be requested until after finish grading and the building is completed and is ready for occupancy.

      8.   Other Inspections: In addition to the inspections specified above, the building official shall be allowed to make all applicable inspections specified on the INSPECTION RECORD card. The building official may also make or require any other inspections of any construction work to ascertain compliance with the provisions of this Code, relevant laws, ordinances, rules and regulations which are enforced by the building official.

      For additional provisions applicable to grading, see Appendix J.

      117.4.3 Reinspections. An inspection fee may be assessed for reinspection, as determined by the Building Official, for any of the following reasons:

      1.   The portion of work for which inspection is requested is not complete;

      2.   Corrections given are not completed;

      3.   There is inadequate work site access preventing inspection;

      4.   The inspection record card is not posted or otherwise available on the work site:

      5.   The approved plans are not available for the inspector;

      6.   Work has deviated from the approved plans and has not been approved by the Building Official.

      This Section is not to be interpreted as requiring additional inspection fees the first time a job is rejected for failure to comply with the requirements of this Code.

      To obtain re-inspection, the applicant shall pay the re-inspection fee in advance, as determined per the fee resolution.

   117.5 Provisions for Special Inspection.

      117.5.1 When Required. In addition to the inspections required elsewhere in this section, the owner shall employ one or more special inspectors who shall provide inspections during construction on the types of work listed under Chapter 17 The special inspector may be employed either directly or through the architect or engineering firm in charge of the design of the structure, or through an independent inspection test firm approved by the building official.

         EXCEPTION: The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature.

      117.5.2 Identification of Work. When special inspection is required by Section 117.5.1, the architect or engineer of record shall identify on the plans all work which is required to have special inspection. Where the special inspection method(s) to be employed are not specified elsewhere in this Code, relevant laws, ordinances, rules and/or regulations, the architect or engineer of record shall prepare an inspection program which shall be submitted to and approved by the building official prior to building permit issuance.

      The special inspector(s) may be employed by the owner, the engineer or architect of record, or an agent of the owner, but shall not be employed by the contractor, the contractor's employees, representatives or agents of the contractor, or any other person performing the work.

      The architect or engineer of record shall identify, on forms provided by the City, the individual(s) and/or firm(s) who are to perform any required special inspection, and where an inspection program is required by this section, shall specify the special inspection duties of the special inspector(s).

      117.5.3 Qualifications, Requirements and Duties of the Special Inspector. The special inspector shall be approved by the building official prior to performing any inspection duties. The special inspector shall complete an application form provided by the City and shall submit documentation satisfactory to the building official that the special inspector is qualified to make the special inspection(s) for which application is made. The building official shall have the right to administer a written or verbal examination as deemed appropriate by the building official to verify that the special inspector is qualified to perform the inspection duties for which application is made. A special inspector who fails to pass the examination administered by the building official shall be required to wait a minimum of seven (7) days before submitting a new application to provide special inspection within the City.

      The building official shall not be required to accept any documentation provided by a special inspector who was not approved by the building official prior to performing inspection duties. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material(s) or work installed, constructed or placed under the review of a special inspector who was not approved by the building official.

      Failure to be approved by the building official prior to performing any special inspection duties may be considered by the building official as a failure to perform properly and shall allow the building official to refuse to allow the special inspector to perform inspection within the City.

      The special inspector shall observe the work assigned for conformance with the approved design drawings. The special inspector shall furnish inspection reports to the building official. All observed discrepancies shall be brought to the immediate attention of the contractor for correction, then if uncorrected, to the proper design authority and to the building official.

      The special inspector shall submit a final signed report stating that the work requiring special inspection was, to the best of the inspector’s knowledge, in conformance with the approved plans and the applicable workmanship provisions of this Code.

      The building official shall have the right to reject any work performed under the review of a special inspector where the work performed fails to meet the minimum requirements of this Code, relevant laws, ordinances, rules and regulations. Regardless of the information communicated between the permit applicant and the special inspector, all work shall comply with the approved plans and this Code, relevant laws, ordinances, rules and regulations.

      Upon evidence, satisfactory to the building official, of the failure of a special inspector to perform properly and effectively the duties of said office, the building official may revoke, suspend or refuse to allow the special inspector to perform inspection on sites within the City. Prior to such action, the holder shall be given an opportunity to appear before the building official and be heard.

   117.6 Provisions for Structural Observation. When structural observation is required in accordance with the requirements of Chapter 17, the engineer or architect of record shall indicate on the plans what work is required to be observed by the engineer or architect responsible for the structural design, or the engineer or architect responsible for the structural design shall prepare an inspection program and shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for the submission of observation reports. The program shall be submitted to and approved by the building official prior to building permit issuance.

   When required by the engineer or architect responsible for the structural design or the building official, the owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer or architect responsible for the structural design to perform structural observation as defined in Section 202.

   When deemed appropriate by the engineer or architect responsible for the structural design, the owner or owner’s representative shall coordinate and call a preconstruction meeting between the engineer or architect responsible for the structural design, the structural observer, the contractor, the affected subcontractors and the special inspector(s). The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load systems of the structure and to review scheduling of the required observations. A record of the meeting shall be submitted to the building official.

   All observed discrepancies shall be brought to the immediate attention of the engineer or architect responsible for the structural design and the contractor for correction; then if unresolved, to the building official. The structural observer shall submit to the building official a written statement at each significant construction stage stating that the required site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. The structural observer shall submit a final signed report stating that the work requiring structural observation was, to the best of the observer’s knowledge, in conformance with the approved plans and the applicable workmanship provisions of this Code.

   117.7 Required Approvals. No work shall be done on any part of the building structure or premises beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate in writing that the work appears to comply as completed, or shall notify the applicant in writing which portion of the work fails to comply with this Code, relevant laws, ordinances, rules and/or regulations. Any work which does not comply shall be corrected and such work shall not be covered or concealed until authorized by the building official.

   There shall be a final inspection and approval of all work when completed and ready for occupancy. For additional provisions applicable to grading, see Appendix J.

   117.8 Site Requirements. A survey of the lot may be required by the building official to verify compliance of the structure with the approved plans.

   117.9 Noninspected Work. No person shall own, use, occupy or maintain any structure on which noninspected work has been performed.

   117.10 Utility Release. When deemed appropriate by the building official, gas and electric utilities may be released. Release of either utility may be done prior to building final for testing and inspection purposes. The building official shall retain the right to revoke the release of either utility for just cause, and may have either utility disconnected at the earliest availability of the utility purveyor.

   Attempting to occupy prior to issuance of a certificate of completed construction, whether temporary or final, may be considered as just cause by the building official, and may result in disconnection of the utilities.

   117.11 Authority to Disconnect Electric Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or wiring, devices or materials installed without permit or found to be a hazard to life, health and/or property.

   The building official shall have the power to disconnect or to order in writing the discontinuance of electric utility service as a means of preventing, restraining, correcting or abating any violation of this Code, relevant laws, ordinances, rules or regulations.

   The electrical service shall remain disconnected or electrical utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such wiring, devices or materials have been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official.

   117.12 Authority to Disconnect Gas Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of gas utility service to buildings, structures, premises, appliances, devices or materials installed without permit or found to be a hazard to life, health and/or property. The building official shall have the power to disconnect or to order in writing the discontinuance of gas utility service as a means of preventing, restraining, correcting or abating any violation of this Code, relevant laws, ordinances, rules or regulations

   The gas service shall remain disconnected or gas utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such appliances, devices or materials have been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official.

(Ord. 4701, passed 11-28-16; Am. Ord. 4735, passed 5-14-18)