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A. General: Submittal documents consisting of construction documents, plans, specifications, engineering calculations, diagrams, soil investigation reports, geotechnical reports, special inspection and structural observation programs, a construction management plan and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. If provided by local law, or in order to ensure quality design consistent with the standards of the city of Beverly Hills, or to otherwise promote the public health, welfare and safety, the building official may require plans, computations and specifications to be prepared and designed by an engineer and architect licensed by the state to practice as such even if not required by state law.
1. Exception: The building official is authorized to waive the submission of construction documents, plans, calculations, construction, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code.
B. Construction Documents: Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations, as determined by the building official. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and persons who prepare them. Plans shall include a site plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the building official. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.
C. Approval Of Construction Documents: When the building official issues a permit the construction documents shall be approved, in writing or by stamp as "APPROVED". One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the plans marked "APPROVED".
D. Phased Approval: The building official is authorized to issue a permit for the construction of part of a building or structure, or the installation of equipment before the entire plans and specifications 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 and other appropriate city conditions and/or requirements. The holder of such permit shall proceed at the holder's own risk and without assurance that the permit for the entire building, structure, or equipment will be granted.
E. Architect Or Engineer In Responsible Charge: When it is required that documents be prepared by an architect or engineer, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute registered 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 phased and deferred submittal items, for compatibility with the design of the building.
F. 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 within a period specified by the building official. 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 construction documents for review by the building official.
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.
G. Amended Construction Documents: Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. In addition to submitting revised plans and drawings of any proposed changes to plans already checked or approved, the applicant shall submit a change list setting forth all of those changes, beyond those necessary to address the department's correction notices, for which approval is requested. Even if proposed changes are shown on the revised plans and drawings that have been approved, no change shall in itself be considered approved unless it appears on the approved change list. The change list may be included on the face of the revised plans and drawings.
H. Inspection And Observation Program: When special inspection is required by chapter 17 of this code, the architect or engineer of record shall prepare an inspection program which shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and indicate the duties of the special inspectors.
The special inspector 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 or his employees, representatives or agents, or any other person performing the work.
When structural observation is required by chapter 17 of this code, the inspection program 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 submission of reports.
I. Responsible Person Or Contractor Of Record: When required by the building official, the contractor of record or a representative responsible person shall be present at the construction site at all times during the construction process. That person shall have the authority to address the concerns of neighboring property residents or occupants regarding the particular construction project. The names and telephone numbers of the contractor of record or the responsible person shall be conspicuously displayed at the construction site in a manner satisfactory to the building official.
J. Notice Of Demolition/Construction: The property owner or the owner's representative shall post at the construction site a notice of intent to do grading, construction or demolition that is readily visible at least ten (10) days prior to issuance of permit whenever the building official determines that the grading, demolition, or construction work will have a significant impact on the surrounding properties.
K. Construction Parking And Hauling Restrictions: No hauling or construction related parking shall be permitted on a public street except as otherwise approved by the building official and city engineer, provided that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and ordinances, and that the fees specified by resolution of the city council in section 9-1-110 of this chapter have been paid. All hauling related to construction shall not be commenced without hauling permits.
L. Construction Means And Method Plan Required:
1. When applying for a permit to alter, repair, or rehabilitate any structure that contains one or more dwelling units, the applicant shall indicate on a form furnished by the city building official whether the property is occupied by tenants.
2. If the property is tenant occupied and, as determined by the city building official, the construction work could impact the habitability of any unit on the property, prior to obtaining a permit, the applicant shall submit a construction means and method plan to the city building official which contains the information required by this section. The construction could impact unit habitability if any of the following conditions may exist at the property for a period exceeding one working day:
a. Inadequate sanitation including, but not limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower,
(2) Lack of, or improper kitchen sink,
(3) Lack of hot and cold running water to plumbing fixtures,
(4) Lack of adequate heating,
(5) Lack of, or improper operation of required ventilating equipment,
(6) Lack of minimum amounts of natural light and ventilation required by the building code of the city of Beverly Hills,
(7) Lack of required electrical lighting,
(8) Dampness of habitable rooms,
(9) Lack of connection to required sewage disposal system;
b. Structural hazards including, but not limited to, the following:
(1) Deteriorated or inadequate foundations,
(2) Defective or deteriorated flooring or floor supports,
(3) Any of the following structural features that are of insufficient size to carry imposed loads with safety: flooring or floor supports, members of walls, partitions, or other vertical supports, members of ceiling, roofs, ceiling and roof supports, or other horizontal members;
c. Wiring, plumbing, or electrical equipment that will no longer conform with all applicable laws in effect at the time of installation;
d. Faulty weather protection, including, but not limited to, the following: ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;
e. The building, premises, or portion thereof, device, apparatus, equipment, combustible waste or vegetation is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause;
f. The building or portion thereof is an unsafe building as defined by the building code of the city of Beverly Hills;
g. The building, premises or portions thereof is not provided with adequate exit facilities as required by the building code and fire code of the city of Beverly Hills;
h. The building or portions thereof is not provided with the fire resistive construction or fire extinguishing systems or equipment required by the building code of the city of Beverly Hills and the fire code of the city of Beverly Hills.
3. No permit shall be issued until a satisfactory means and method plan is approved by the city building official, if required.
4. If a construction means and method plan was not required prior to permit issuance, the city building official shall require a construction means and method plan be submitted after work commences if the city building official determines that the work could impact the habitability of any unit on the property given the manner in which the construction is being undertaken. If the city building official requires a construction means and method plan, the requirements of this section shall also apply. The city building official may stop construction until all applicable requirements of this chapter have been met.
M. Contents Of Construction Means And Method Plan: The construction means and method plan required by this code shall provide the following information:
1. A detailed description of the construction process, organized sequentially;
2. An explanation of the impact that this construction will have on the occupancy of the units by tenants;
3. The owner's plan to address the habitability impacts on the tenants created by the proposed construction project;
4. An assessment of whether any or all of the tenants will need to be temporarily relocated during any phase of the work. A tenant will need to be temporarily relocated if the conditions of the property or the repair or rehabilitation thereof will render the premises unsafe for continued occupancy;
5. A description of the construction mitigation measures that the owner will implement to minimize the impacts of noise, dust, vibrations, utility shutoffs, and other construction impacts on tenants.
N. Relocation Plan: If the construction means and method plan demonstrates, as determined by the city building official, that the work being performed on the property may require that tenants be temporarily relocated, the applicant shall also prepare and submit a relocation plan for city approval prior to issuance of a permit which shall contain facts sufficient to show that:
1. Fair and reasonable relocation benefits will be provided to all displaced tenants as required;
a. A mutual agreement between the landlord and tenant to be impacted by construction will be an acceptable method of complying with the relocation plan requirements; or
b. A reasonable relocation plan which demonstrates the following:
(1) Relocation facilities shall be located within the city of Beverly Hills.
(2) Relocation facilities shall provide equal accommodations to include, but not be limited to, laundry facilities, exercise facilities, balconies, kitchens, pet housing/care, and parking.
(3) Storage facilities required to temporarily store tenant's personal belongings during the period of construction shall be provided by landlord. For the security of personal belongings, storage shall be independent from other relocated tenant's property.
(4) Moving expenses and costs shall be incorporated into the relocation plan.
2. Notice of the relocation assistance and benefits to be provided and the timing of the displacement will be provided to all tenants who will be displaced.
O. Tenant Noticing Requirement:
1. Before a permit can be issued for the alteration/repair/rehabilitation of a building which required an applicant to prepare a construction means and method plan pursuant to this code, the applicant must certify that all tenants of the property will receive the information required, in a form approved by the city, within ten (10) days following the issuance of the permit and that no work will commence under the permit until ten (10) days after all tenants are notified. This notice shall either be hand delivered to each tenant of the property or sent by certified mail, return receipt requested.
2. The notice required of this section shall contain the following information:
a. A detailed description of the nature and type of construction activity that will be undertaken;
b. Information regarding the scheduling of construction and the periods in which services such as laundry, parking, elevators, water and power, will be unavailable;
c. A statement that the construction being undertaken at the property will not terminate the tenant's tenancy;
d. A statement informing the tenants of their right to seek mitigation from the property owner for nuisance conditions at the property, including, but not limited to, noise, dust, vibrations, utility shutoffs and other construction impacts. Mitigation measures may include, but are not limited to, temporary rent reductions, quiet office space for tenants working at home and temporary accommodations;
e. A statement informing tenants of their right to review and receive free copies of the owner's construction means and method plan;
f. A statement informing tenants of their right to review and receive free copies of the owner's relocation plan, if such plan was required;
g. Information explaining how to contact the project applicant, including the designation of a project manager responsible for responding to tenant inquiries, complaints, and requests for mitigation of nuisance conditions;
h. A statement informing tenants that they should immediately contact the city's building and safety division regarding any conditions at the property which they consider to be unsafe, in violation of the city's technical codes, or in violation of the applicant's construction means and method plan;
i. For construction projects that exceed thirty (30) days in duration as measured from the date that construction commences, the applicant shall also inform the tenants that the applicant will provide twice monthly notices to the tenants regarding the progress of construction and will schedule monthly meetings to address the construction progress and obtain tenant input and feedback regarding the construction;
j. Any other information that the city building official determines is necessary due to the unique circumstances of the construction work.
3. In addition to the information required of this section, the tenant notification shall provide the following information if the project will require the temporary relocation of tenants:
A statement that the construction activity may require displacement, but that to the greatest extent practicable, no tenant lawfully occupying the property will be required to move without at least thirty (30) days' written notice from the owner.
P. Security: Before receiving a permit for a project which requires an applicant to prepare a construction means and method plan pursuant to this section, the applicant shall furnish security to the city sufficient to ensure the timely and faithful performance of all work included within the scope of the permit and the payment of all relocation assistance necessitated by the temporary displacement of the tenants, if any. The city building official may exempt a project from the security requirements of this section if the city building official determines such security is unnecessary based on an analysis of the following factors: size of project, duration of project, potential for impact on tenant safety, and invasiveness of project. If required, cash bonds are acceptable forms of security.
Q. Compliance With Required Means And Method Plan:
1. General: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, sandblast or convert the use of any building, structure or building service equipment regulated by this code without complying with all conditions of any required construction means and methods plan.
2. Owner's Responsibility: The property owner shall remain responsible for any violation of the construction means and method plan regardless of the responsibility of any other person for the violation or any contract or agreement the owner entered into with a third party concerning the owner's property or the construction that necessitated the preparation of the means and method plan.
R. Administrative Regulations: The city building official shall have the authority to promulgate and/or adopt administrative regulations to implement the provisions of this chapter. (Ord. 16-O-2719, eff. 1-20-2017)