A. Issuance: The application, plans, specifications, computations and other information filed by an applicant for a permit shall be reviewed by the director of building and safety. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their purview. If the director of building and safety finds 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 have been paid, the director of building and safety shall issue a permit therefor to the applicant.
When a permit is issued when plans are required, the director of building and safety shall endorse in writing or stamp the plans and specifications "APPROVED". Such approved plans and specifications shall not be changed, modified or altered without authorization from the director of building and safety, and all work regulated by this code shall be done in accordance with the plans marked "APPROVED".
The director of building and safety may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes and other appropriate city conditions and/or requirements.
The holder of such permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.
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.
B. Retention Of Plans: One set of approved plans, specifications and computations shall be submitted by the applicant, and retained by the city, in a digital format deemed acceptable by the building official and as outlined in the city's retention schedule; and one set of approved plans and specifications shall be returned to the applicant, and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
C. Construction Management Plan Required: Prior to issuance of a building permit for a project requiring plan check, the owner shall prepare and submit a construction management plan (CMP) for all work to be performed, using a form provided by the building official, or otherwise found acceptable by the building official. The CMP shall set forth construction inspection milestones to be timely completed, that shall correspond to progress inspections required by this code. If the CMP is approved, work may be commenced and shall comply in all respects with time limits set forth in the CMP. The total time within which to complete construction, as set forth in the CMP, shall not exceed three (3) years unless approved in writing by the building official.
D. Safety Deposit: Prior to issuance of a building permit, the owner shall also post a safety deposit with an approved local financial institution ("safety deposit") in such amount as determined by the building official based upon the potential need for imposition by the city of safety measures on the project site, capable of being unilaterally drawn upon by the city in the event construction ceases and/or an inspection milestone is missed. The safety deposit shall be in the form of cash or structured letter of credit satisfactory to the city attorney, and shall be used solely to procure construction site security fencing, removal of construction site solid waste, maintenance of landscaping, including lawns and parkways, and/or remediation of any other conditions determined by the building official to be unsafe, after the owner's refusal or failure to correct such condition(s). The owner shall deposit additional funds within five (5) business days of city's withdrawal, sufficient to maintain the required safety deposit amount at all times during the course of the work, until final inspection and issuance of a certificate of occupancy, if applicable.
Any failure by the owner to meet a CMP inspection milestone shall authorize the building official to issue a notice requiring completion of the work and corresponding inspection within thirty (30) days ("completion notice"). Notwithstanding the foregoing, the building official shall be authorized as otherwise provided under this code, California building standards code, or any other provision of local or state law, to issue written orders requiring the immediate correction of any condition deemed to present an immediate and unreasonable risk of harm or danger to the public health and safety ("safety order"). The building official shall be authorized to utilize the safety deposit, consistent with the procedures set forth in this section, to implement measures to protect the public from any immediate and unreasonable risk of harm or danger on the project site, if the owner fails or refuses to timely comply with the safety order.
Every permit issued by the building official shall expire and become null and void if the building or work authorized by such permit, including the inspection milestone, is not completed, or the safety deposit is not made, prior to the expiration of the thirty (30) day period specified in the completion notice. In the event a permit expires, a stop work order may be issued, and the owner shall apply for, pay all new permit fees, submit a new CMP, and obtain a new permit before recommencing the work.
Prior to withdrawing funds from the safety deposit, the owner shall be provided ten (10) days' prior written notice within which the owner may file a written appeal of the pending fund withdrawal. If no appeal is filed within said ten (10) day period, the city may withdraw funds in the amount stated in the notice. If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the determination to withdraw funds from the safety deposit. The owner shall be provided notice of the hearing which shall be set to occur not later than fourteen (14) days after receipt of the timely appeal. Prior to or at the hearing on the appeal, the owner shall submit: 1) documentary evidence sufficient to establish that: all permit applications were timely filed; construction contracts were entered into in a diligent manner; compliance with all permit requirements occurred in a timely manner; and that all fees were timely paid; and 2) any other evidence demonstrating that construction delays, including any failure to comply with a safety order, resulted from circumstances beyond the owner's reasonable control and despite diligent and clearly documented efforts to achieve timely compliance.
Following the conclusion of the hearing, and based upon substantial evidence presented, the hearing officer shall be authorized to make any of the following determinations:
1. The owner shall be provided with up to thirty (30) additional days within which to complete the work and required inspection;
2. Modify the determination to withdraw funds by authorizing a lesser amount to be withdrawn; or
3. Deny the appeal in its entirety.
The decision of the hearing officer shall be final. A failure or refusal by an owner to make or fund a required safety deposit and/or allow any work of construction to remain in an unsafe condition as determined by the building official, or in unfinished condition beyond the time limits set forth in this section or a CMP, shall constitute a nuisance and may be abated as provided for the abatement of nuisances in the Beverly Hills municipal code.
In addition to the rights granted to the building official pursuant to this code, the building official shall have all rights to enter the property to inspect, mitigate unsafe conditions including boarding up of openings, abate unsafe weeds, remove unsafe construction materials and demolition waste, demolish unsafe structures, and otherwise to enforce any of the provisions of this code.
E. Special Building Permit Requirements: Prior to issuance of a building permit for a project requiring plan check, the owner shall prepare and submit a construction management plan (CMP) for all work, using a form provided by the city building official, or otherwise found acceptable by the city building official. The CMP shall set forth construction inspection milestones to be timely completed, that shall correspond to progress inspections required by the city's technical codes. If the CMP is approved, work may be commenced and shall comply in all respects with time limits set forth in the CMP. The total time within which to complete construction, as set forth in the CMP, shall not exceed three (3) years unless approved in writing by the city building official.
Prior to issuance of a building permit, the owner shall also post a safety deposit with an approved local financial institution ("safety deposit") in such amount as determined by the city building official based upon the potential need for imposition by the city of safety measures on the project site, capable of being unilaterally drawn upon by the city in the event construction ceases and/or an inspection milestone is missed. The safety deposit shall be in the form of cash or structured letter of credit satisfactory to the city attorney, and shall be used solely to procure construction site security fencing, removal of construction site solid waste, maintenance of landscaping, including lawns and parkways, and/or remediation of any other conditions determined by the city building official to be unsafe, after the owner's refusal or failure to correct such condition(s). The owner shall deposit additional funds within five (5) business days of city's withdrawal, sufficient to maintain the required safety deposit amount at all times during the course of the work, until final inspection and issuance of a certificate of occupancy, if applicable.
Any failure by the owner to meet a CMP inspection milestone shall authorize the city building official to issue a notice requiring completion of the work and corresponding inspection within thirty (30) days ("completion notice"). Notwithstanding the foregoing, the city building official shall be authorized as otherwise provided under the Beverly Hills administrative code, California building code, or any other provision of local or state law, to issue written orders requiring the immediate correction of any condition deemed to present an immediate and unreasonable risk of harm or danger to the public health and safety ("safety order"). The building official shall be authorized to utilize the safety deposit, consistent with the procedures set forth in this section, to implement measures to protect the public from any immediate and unreasonable risk of harm or danger on the project site, if the owner fails or refuses to timely comply with the safety order.
Every permit issued by the city building official shall expire and become null and void if the building or work authorized by such permit, including the inspection milestone, is not completed, or the safety deposit is not made, prior to the expiration of the thirty (30) day period specified in the completion notice. In the event a permit expires, a stop work order may be issued, and the owner shall apply for, pay all new permit fees, submit a new CMP, and obtain a new permit before recommencing the work.
Prior to withdrawing funds from the safety deposit, the owner shall be provided ten (10) days' prior written notice within which the owner may file a written appeal of the pending fund withdrawal. If no appeal is filed within said ten (10) day period, the city may withdraw funds in the amount stated in the notice. If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the determination to withdraw funds from the safety deposit. The owner shall be provided notice of the hearing which shall be set to occur not later than fourteen (14) days after receipt of the timely appeal. Prior to or at the hearing on the appeal, the owner shall submit: 1) documentary evidence sufficient to establish that: all permit applications were timely filed; construction contracts were entered into in a diligent manner; compliance with all permit requirements occurred in a timely manner; and that all fees were timely paid; and 2) any other evidence demonstrating that construction delays, including any failure to comply with a safety order, resulted from circumstances beyond the owner's reasonable control and despite diligent and clearly documented efforts to achieve timely compliance.
Following the conclusion of the hearing, and based upon substantial evidence presented, the hearing officer shall be authorized to make any of the following determinations:
1. The owner shall be provided with up to thirty (30) additional days within which to complete the work and required inspection; or
2. Modify the determination to withdraw funds by authorizing a lesser amount to be withdrawn; or
3. Deny the appeal in its entirety; or
4. The decision of the hearing officer shall be final.
A failure or refusal by an owner to make or fund a required safety deposit and/or allow any work of construction to remain in an unsafe condition as determined by the building official, or in unfinished condition beyond the time limits set forth in this section or a CMP, shall constitute a nuisance and may be abated as provided for the abatement of nuisances in the Beverly Hills municipal code.
In addition to the authority, duties, and powers granted to the building official pursuant to this administrative code, and consistent therewith, the provisions of said section, the building official shall have all rights to enter private real property to inspect, mitigate unsafe conditions including boarding up of openings, abate unsafe weeds, remove unsafe construction materials and demolition waste, demolish unsafe structures, and otherwise to enforce any of the provisions of this section or this title. (Ord. 16-O-2719, eff. 1-20-2017)