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(Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
91.103.1. General. No person shall construct, alter, repair, demolish, remove, move, use, occupy or maintain, within the City, any building or structure or any portion thereof, except as provided by this Code.
No person shall grade, excavate or fill any land except as provided by this Code.
The permissive provisions of this Code shall not be presumed to waive any limitations imposed by other statutes or ordinances of the state or City.
All of the provisions of this Code shall be limitations for safeguarding life, limb, health, property and public welfare.
If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life or limb, health, property or public welfare.
91.103.2. Violation of a Building or Grading Permit. Every person who knowingly and willfully procures a building and/or grading permit without the consent of the owner of record of the property for which the permit is issued, or such person’s agent, is guilty of a misdemeanor.
EXCEPTION: This subsection shall not apply to building and/or grading permits obtained pursuant to and in compliance with an order of a court of law or a governmental agency.
91.103.3. Violation of an Order. No person shall fail to comply with any valid order issued pursuant to any provision or requirement of this Code.
91.103.4. Making False Statements to the Department. It shall be unlawful for any person, authorized by the Department to perform inspections, to make a false or misleading statement, or misrepresentation in any writing submitted to the Department.
For purposes of this section a “person authorized by the Department to perform inspections” is any person who is a registered deputy inspector, a structural inspector, a certified welder or a certified licensed contractor. The term “writing” shall include, but is not limited to, forms, applications, approvals, reports or certifications required by the Department.
Every violation of this section is punishable as a misdemeanor.
91.104.1. Creation of the Department. (Repealed by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.)
91.104.2. Powers of the Department and Duties of the Superintendent of Building. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
91.104.2.1. General. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.) The powers of the Department are enumerated in LAMC Section 98.0403.1.
The Superintendent of Building shall have the duty to render interpretations of this Code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. These interpretations, rules and regulations shall be in conformance with the intent and purpose of this Code.
The Superintendent of Building shall classify every building into one of the occupancies set forth in Division 3 of this Code according to its use or the character of its occupancy. The Superintendent of Building shall also classify every building into one of the types of construction set forth in Division 6 of this Code.
91.104.2.2. Authority to Require Exposure of Work. Whenever any work on which called inspections are required, as specified in LAMC Section 91.108, is covered or concealed by additional work without first having been inspected, the work shall be exposed for examination upon written notice by the Department. The work of exposing and recovering shall not entail expense to the City. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.104.2.3. Right of Entry. The authority for right of entry is enumerated in LAMC Section 98.0105. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.104.2.4. Authority to Stop Work. Whenever any construction work is being done contrary to the provisions of any law or ordinance enforced by the Department, the Department shall have the authority to issue a written notice to the responsible party to stop work on that portion of the work on which the violation has occurred. The notice shall state the nature of the violation and no work shall be done on that portion until the violation has been rectified and approval obtained from the Department. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.104.2.5. Authority to Stop Use or Occupancy. Whenever any portion of a building is loaded in excess of the loading for which it was constructed, or whenever it houses an occupancy other than that for which it was constructed, or whenever there is an encroachment upon any required court or yard, the department shall have the authority to order by written notice that such violation be discontinued.
The written notice shall state the nature of the violations and shall fix a time for the abatement thereof. If the violations have not been abated by the expiration of the fixed time, the Certificate of Occupancy shall thereupon be canceled.
91.104.2.6. Alternate Materials, Alternate Design and Methods of Construction. New or alternate materials and methods of construction may be approved by the Department as provided by CBC Section 104.11 and LAMC Section 98.0501. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.104.2.7. Building Materials Inspection Required.
91.104.2.7.1. No person shall use or cause to be used, in the construction of any building or structure for the erection of which a permit is required by this chapter, any materials which are not specifically permitted by this Code, without having first secured the approval of said materials by the department.
91.104.2.7.2. The department may require that all materials to be used in the construction of any building or structure, or materials already used or fabricated into a building or structure, be submitted for test to a testing agency approved by the department.
91.104.2.7.3. It is unlawful for any person to fail to submit to an approved testing agency within five days after having received a written notice from the department a sample, sufficient for analysis, of any material to be used in the erection or construction of a building or structure, or which has been used or fabricated into a building or structure.
91.104.2.7.4. No material required by the department to be submitted to a testing agency for analysis shall be approved by the department unless the person requesting said approval submits a written report of the analysis by such testing agency.
91.105.1. General. Appeals or requests for slight modifications in individual cases from the requirements of this Code shall be made in accordance with the procedure established in LAMC Section 98.0403.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.2. Building Advisory Appeal Board. The Building Advisory Appeal Board is hereby abolished. Any duties assigned to the Building Advisory Appeal Board by any provision of law shall be performed as determined by the Superintendent of Building.
91.105.3.1. Function of the Committee. It shall be the function of the Engineering Geology Advisory Committee to advise and counsel the board on appeals involving technical questions of soils engineering, geology, geology/seismology and related matters.
91.105.3.2. Establishment of the Committee Member List. The Board of Building and Safety Commissioners shall establish an Engineering Geology Advisory Committee member list (hereinafter in this section referred to as the “committee member list”) which shall consist of not less than 10 soils engineers and engineering geologists who are available to serve as members of the Engineering Geology Advisory Committee. At least two of the engineering geologist members and two of the soils engineer members shall have experience in the field of seismic design and safety. Members of said committee shall be exempt from all Civil Service provisions.
91.105.3.3. Procedure. When an appeal is made to the Board, and the Board determines that the subject of the appeal involves a problem of soils engineering, geology, geology/seismology or a related matter on which it desires further technical advice before it renders a decision thereon, the Board may select three or more persons from the Engineering Geology Advisory Committee member list to serve on a committee for the purpose of assisting the Board in seeking a solution to said problem, and may refer the matter to such committee members for report and recommendation. At least one member of the committee so designated shall be a soils engineer and one shall be an engineering geologist. The members of the committee so meeting shall review the matter and shall then submit to the board a recommendation. When a matter is referred to the committee as in this section provided, the board shall consider, but is not bound to accept, the recommendation of the committee.
91.105.3.4. Compensation of Members. Each member of the committee who is in actual attendance at a meeting requested by the board shall be compensated at the rate of $50.00 for each four hours or fraction thereof of service. However, in no case shall the compensation of the committee members exceed the fee paid by the appellant under Section 91.105.3.6 of the Los Angeles Municipal Code.
91.105.3.5. Self insurance by the City for Geology Advisory Committee Members. The provisions of City of Los Angeles Administrative Code (Administrative Code) Sections 11.36 through 11.44 inclusive, entitled “Self-Insurance by the City for Officers and Employees of Said City”, shall apply to each Geology Advisory Committee member while the member is acting as such, and Geology Advisory Committee members shall be deemed to be fully covered by the provisions of said sections even though each committee member is retained as an independent person and not as an officer or employee of the City. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
1. Where no more than two lots are involved in the appeal, $150.00;
2. Where not less than three or more than 10 lots are involved in the appeal, $300.00;
3. Where more than 10 lots are involved in the appeal, $600.00.
91.105.4.1. Function of the Committee. It shall be the function of a Sign Advisory Committee to advise, counsel and provide recommendations to the Board of Building and Safety Commissioners on matters involving sign regulations.
91.105.4.2. Establishment of the Committee Member List. The Board of Building and Safety Commissioners shall establish a Sign Advisory Committee member list representing the various required fields of interest of persons who are available to serve as members of a Sign Advisory Committee. Persons selected for the Sign Advisory Committee list shall possess experience in the design, fabrication, the use or application of signs, or shall have demonstrated a background in the social and environment impacts of signs or the development of sign regulations. Members of said committee shall be exempt from all civil service requirements.
91.105.4.3. Procedure. When the board determines that a matter is significant in nature, the board may refer the matter to a Sign Advisory Committee for evaluation and recommendation before it renders a decision thereon. When the matter is referred to a Sign Advisory Committee, the board shall consider, but is not bound to accept, the recommendation of the committee.
91.105.4.4. Composition of the Committee. The board shall select five persons from the Sign Advisory Committee member list to serve on a committee. The committee shall be composed of one member from each of the following interests:
1. One member of or designated by the Board of Building and Safety Commissioners;
2. One member of or designated by the City Planning Commission; and
3. Three public members, one each from the following interests: architecture, sign industry and community groups.
91.105.4.5. Compensation of Sign Advisory Committee Members. Each Sign Advisory Committee member who is in actual attendance at a meeting requested by the Board shall be compensated at the rate of $50.00 for each four hours or fraction thereof of service. However, in no case shall the compensation of Sign Advisory Committee members exceed the fee paid by the applicant under LAMC Subdivision 91.105.4.7. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.4.6. Self-insurance by the City for Sign Advisory Committee Members. The provisions of Administrative Code Sections 11.36 through 11.44, inclusive, shall apply to each Sign Advisory Committee member while the member is acting as such, and Sign Advisory Committee members shall be deemed to be fully covered by the provisions of said sections even though each committee member is retained as an independent person and not as an officer or employee of the City. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.5.2. Membership of the Commission. (Amended by Ord. No. 173,238, Eff. 6/19/00, Oper. 7/1/00.) The Disabled Access Appeals Commission shall be composed of five qualified persons. Two members of the commission shall be physically disabled persons, and two members shall be persons experienced in construction. The fifth member may be any resident of the City of Los Angeles. Commission members shall be appointed by the Mayor, subject to Council approval, and may be removed by the Mayor. In the case of a vacancy during the term of office of any member, the same shall be filled by appointment by the mayor for the period of the unexpired term subject to the approval of the council by a majority vote. The members of the commission shall be exempt from all Civil Service provisions.
91.105.5.3. Compensation and Term of Office. Each member of the commission shall be paid $50.00 per meeting attended, but not to exceed $250.00 in any one calendar month.
The term of office of the members of the commission shall be five years beginning with the first day of July of the respective years, except that the terms of office of the original five members of the commission appointed pursuant to this subsection shall be such that one term shall expire on the first June 30, one term shall expire on the second June 30, one term shall expire on the third June 30, one term shall expire on the fourth June 30, and one term shall expire on the fifth June 30 next following the effective date of the appointment of the original five members. Thereafter, the terms of the succeeding members shall be so designated that the term of office of one member shall expire each year. The period of term of each member shall be designated in the appointment.
Each member of the commission shall have the power to administer oaths.
1. To hear and determine written appeals brought by any person from actions taken by the Department in the enforcement of the requirements of California Health and Safety Code Section 19955, et seq., the provisions of state law dealing with access to public accommodations by physically disabled persons.
2. To hear and determine written appeals brought by any person from the rulings, decisions and determinations of the Department granting or denying applications for exceptions pursuant to California Health and Safety Code Section 19957.
3. To hear and determine written appeals brought by any persons where it is alleged that there is error or abuse of discretion in any order, requirement, decision, interpretation or other determination made by the Department in the enforcement or administration of Section 1.8 et seq., Chapter 1, Division I of the CBC and any other federal, state or municipal handicapped access or adaptability requirements.
All appeals shall be reviewed by the Department. The Department may reverse or modify the action appealed from at any time prior to final action by the commission. Any such new action may then be appealed to the commission.
4. To respond to the Department’s request for advice on any matter within the Department’s jurisdiction relating to access to public accommodations and housing by the physically disabled.
5. To exercise the authority granted in LAMC Subsection 91.105.6.
91.105.5.5. Appeals.
91.105.5.5.1. Procedures. (Amended by Ord. No. 185,587, Eff. 7/16/18.) An appeal to the Disabled Access Appeals Commission may be filed by any person aggrieved, or by any City officer, board, department or bureau. An appeal shall be in writing and filed with the Office of the Board of Building and Safety Commissioners upon appropriate forms provided by the Department. An appeal shall set forth specifically the points at issue, the reasons for the appeal, and wherein the appellant believes there was an error or an abuse of discretion by the Department.
The commission shall make its determination within 30 days from the filing of the appeal and payment of the filing fee as set forth in Table 4-A of Division 4, Article 8, Chapter IX of the LAMC. This time limit may be extended by mutual written consent of the applicant and the commission. Upon receipt of the appeal, the commission shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant, to the applicant, to the owner or owners of the property involved, and to any interested party who has requested in writing to be so notified. Such notice shall be in writing and mailed at least 10 days prior to said hearing. No other notice thereof need be given except in those cases hereinafter mentioned.
The commission may grant, conditionally grant, or deny any appeal. All actions of the commission shall be final. Any action within the jurisdiction of the commission shall be final and conclusive as to the Department in the absence of fraud or abuse of discretion.
A separate appeal shall be filed for each single building as described in LAMC Section 98.0403.2. Appeals to the commission shall be accompanied by a filing fee as set forth in Table 4-A of Division 4, Article 8, Chapter IX of the LAMC.
If the commission fails to act on any appeal within the time limit specified in this section, then the action of the Department on the matter shall be final.
91.105.5.5.2. Decision. The decision upon an appeal shall be concurred in by at least three members of the commission. The commission may modify or reverse a ruling, decision or determination appealed from only upon making written findings setting forth specifically wherein the action of the department was in error or constituted an abuse of discretion. The commission shall make specific written findings supporting any modification or reversal.
Upon making a decision, a copy of the findings and determination shall be furnished the applicant, the appellant and the Department of Building and Safety.
91.105.5.5.3. Special Findings. Before granting or affirming the grant of an exception pursuant to Health and Safety Code Section 19957, the commission must find that the application involves a case of practical difficulty, unnecessary hardship, or extreme differences, and that it is clearly evident that equivalent facilitation and protection will be secured.
91.105.5.5.4. Revocation of Approvals. The commission shall revoke or rescind any determination, including the grant of an appeal or exception, if made in error in violation of any provision of law, or in reliance on any false statement or misrepresentation as to a material fact.
91.105.5.5.5. Time Limits. The rights and privileges granted by the commission pursuant to any decision, determination, approval, appeal or exception shall be void if all required building permits are not secured within one year of the effective date of such action, or if the permit expires under any of the conditions specified in Section 98.0602 of the Los Angeles Municipal Code.
However, the commission, and the superintendent acting on behalf of the commission, may grant extensions of time if the applicant submits in writing substantial evidence that unusual conditions or circumstances either precluded the securing of all required permits within the allocated time or caused the permit to expire as specified in Section 98.0602 of the Los Angeles Municipal Code.
Requests for extensions of time shall be made not later than 30 days after the expiration times specified in this section.
1. To appoint one or more hearing officers to conduct hearings and make recommendations to the same extent and in the same manner as the Superintendent of Building acting pursuant to LAMC Section 98.0601 (a). (Amended by Ord. No. 180,619, Eff. 5/12/09.)
2. To request the attendance of witnesses and the production of evidence before it.
3. To request the city attorney, or an assistant or deputy designated by the city attorney to appear at any hearing before the commission.
4. To adopt rules regarding the filing of appeals, the conduct of its hearings and any other procedural rules in keeping with the provisions of this Division.
91.105.5.5.7. Limitations on Jurisdiction. Notwithstanding any other provision of this Code, the commission’s jurisdiction shall not include the right to hear and determine an appeal from a department determination, order or action if such appeal is filed:
1. On or after the date a criminal citation is issued, charging the appellant with a violation of law based on the facts underlying such determination, order or action; or
2. On or after the date a criminal complaint is filed, charging the appellant with a violation of state laws based on such determination, order or action.
Further, the commission’s jurisdiction shall not include the right to hear appeals from or otherwise review any action, order or determination of the Board of Building and Safety Commissioners.
91.105.6.1. Order of Abatement and Notice of Proposed Penalty. If the Superintendent of Building determines that a person has violated or failed to comply with any requirement of the law relating to access to public accommodations and housing by the physically disabled, then the Superintendent of Building may issue an order of abatement and notice of proposed penalty to that person. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The order and notice shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of law that has been violated. The order shall fix a reasonable time for correction of the violation, and the notice of proposed penalty shall set forth the amount of the penalty.
The order of abatement and notice of proposed penalty shall be served upon the person either personally, or by deposit in the United States mail in a sealed envelope, postage prepaid to the person’s last known address.
The order and notice shall also set forth the person’s right to a hearing as described in LAMC Subdivision 91.105.6.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.6.2. Right to Hearing. Any person served with an order of abatement or notice of proposed penalty, may apply in writing to the Disabled Access Appeals Commission for a hearing with respect to the violation alleged, the abatement period, and the amount of the penalty. This request shall be filed within 15 days after the date of service.
If the person does not request a hearing within the prescribed time, then the notice of proposed penalty shall be final, and the amount of any penalty included in the notice shall immediately be due and owing to the City of Los Angeles. The city then shall have the right to bring an action in any court of competent jurisdiction to enforce the order and collect the amount of the penalty.
If the department determines that there has been compliance with the order of abatement within the time for correction, then the department may rescind the notice of penalty.
91.105.6.3. Time of Hearing; Notice. If the person requests a hearing, the superintendent shall cause the matter to be set for hearing before the Disabled Access Appeals Commission. The hearing shall be scheduled not later than 30 days after the date of the application for hearing. This time limit may be extended with the mutual consent of the person and the commission. It shall be a defense to the affirmation of any penalty that the person complied with the order of abatement within the time for correction.
The decision of the commission on the order of abatement and notice of proposed penalty shall be final, and the amount of any penalty affirmed by the commission shall immediately be due and owing to the City of Los Angeles. The city then shall have the right to bring an action in any court of competent jurisdiction to enforce the order and collect the amount of penalty.
91.105.6.4 Civil Penalties. Any penalty required to be paid under the provisions of this section is a debt owed to the City of Los Angeles. Any person owing a penalty due under the provisions of this section shall be liable in an action brought in the name of the City of Los Angeles in any court of competent jurisdiction for recovery of any such amount.
The conviction of any person for violating any law shall not relieve the person from the obligation to pay any penalty that the person may owe the city, nor shall such payment prevent a prosecution under appropriate provisions of law for any violation of the law. The remedies provided in this section are cumulative. The use of one or more of the remedies prescribed in this section shall not bar the use of any other remedy provided for the enforcement of law.
91.105.6.5. Fee Schedules. The Superintendent shall submit a schedule for the assessment of civil penalties under this section to council for the approval by ordinance.
This schedule shall give due consideration to the appropriateness of the penalty with respect to the following factors:
1. The gravity of the violation;
2. The good faith of the violator being charged; and
3. The history of previous violations.
91.106.1. Permits Required.
91.106.1.1. Building Permits. No person shall erect, construct, alter, repair, demolish, remove or move any building or structure, nor shall any person commence any liquid washing, compressed air cleaning or steam cleaning of exterior surfaces of any building unless said person has obtained a permit therefor from the department. A separate permit shall be obtained for each separate building or structure except that a group of temporary structures erected on one site for a limited period of time may be included on one permit.
Where the installation, alteration or repair of ventilation equipment or ductwork is not included within the scope of a valid building permit, a separate building permit shall be obtained for the work.
Sandblasting, liquid washing, compressed air cleaning, steam cleaning of exterior surfaces of buildings adjacent to and within 20 feet of pedestrian walkways in dedicated streets in the limits of Fire District No. 1 shall be done only between the hours of 11:00 p.m. and 7:00 a.m., or on Sundays.
Where complete plans for a proposed building are filed with the department and where a foundation only permit is issued with respect thereto in accordance with rules established by the Superintendent of Building, a building permit may be issued for the remainder of the building within one year after the issuance of the foundation only permit, provided the plans and specifications comply with all applicable Los Angeles Building Code provisions in effect at the time of issuance of the foundation only permit. (Amended by Ord. No. 180,619, Eff. 5/12/09.)
91.106.1.2. Grading Permits. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) No person shall commence or perform any grading, and no person shall import or export any earth materials to or from any grading site, without first having obtained a permit therefor from the Department. No person shall perform any grading within areas designated “hillside” unless a copy of the permit is in the possession of a responsible person and available at the site for display upon request.
Any grading project involving more than 100 cubic yards (76.5 m3) of excavation and involving an excavation in excess of 5 feet (1524 mm) in vertical depth at its deepest point measured from the original ground surface shall be done by a State of California licensed contractor who is licensed to perform the work described herein.
A separate permit shall be required for each grading site. One permit may include the entire grading operation at that site, however.
EXCEPTION: All other provisions of the Code shall apply, but a permit will not be required if the work complies with any one of the following conditions:
1. An excavation which (a) is less than 2 feet (610 mm) in depth, or (b) which does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than one unit vertical in two units horizontal (50 percent slope). This exception shall not apply to cut which exceeds 50 cubic yards (38.3 m3) or which changes the existing drainage pattern.
2. A fill less than one foot (305 mm) in depth and placed on natural terrain with a slope flatter than one unit vertical in 10 units horizontal (10 percent slope). This exception shall not apply when the fill exceeds 50 cubic yards (38.3 m3) or when the fill changes the existing drainage pattern.
3. Excavations, located in hillside areas, for caissons or piles under buildings or structures authorized by valid building permits.
4. Excavations, not located in hillside areas, for basements, footings, caissons, piles, swimming pools or underground structures which are authorized by valid building permits.
5. Excavations for wells or tunnels or utilities, which do not provide vertical or lateral support for buildings, or adversely impact the safety or stability of private or public properties.
Grading permits may be waived by the Department for excavations under buildings or structures in hillside areas, if the applicant can demonstrate that the site is relatively level, or the excavation is entirely for footings and/or grade beams not exceeding 5 feet (1524 mm) deep.
91.106.1.3. Temporary Permits. (Amended by Ord. No. 186,488, Eff. 12/27/19.) Before commencing the construction of any work for temporary use, a building permit authorizing such work shall be obtained from the Department. Such construction shall be occupied or used only for the period set forth on the permit application, but shall not exceed 180 days.
Except for tents and bleachers, application for permit shall be filed at least seven days prior to the construction, erection or operation of any device, structure, or any work regulated by this article for temporary use.
All temporary construction or installations shall be demolished or removed within five days after the expiration of the Certificate of Occupancy. Requests for inspection must be received by the department at least two days prior to public use or occupancy.
1. Temporary Special Event Permit. A permit for a Temporary Installation or Temporary Outdoor Use.
2. Temporary Installation. The following installations that are temporary in nature and comply with the requirements specified in LAMC Subsection 91.106.1.3.1.
A. Tents and canopies, larger than 450 square feet, on a residential property.
B. Tents or canopies, larger than 12 feet in length or width, on a commercial property.
C. Stages or platforms more than 30 inches above grade.
D. Grandstands or bleachers.
E. Temporary structures higher than 12 feet.
3. Temporary Outdoor Use (TOU). A temporary change in use of an unenclosed ground level outdoor space, such as a surface parking lot, provided the use is temporary in nature and complies with the requirements specified in LAMC Subsection 91.106.1.3.1. A TOU is exempt from the requirement of an existing main structure.
1. Before commencing a Temporary Installation or Temporary Outdoor Use, a permit authorizing such work or use shall be obtained from the Department.
2. A Temporary Special Event Permit shall issue where the permit application complies with the requirements specified in LAMC Subsection 91.106.1.3.1, and applicable fees are paid.
1. Applications for a Temporary Special Event Permit shall include a site plan, event details, and applicant contact information as specified on the application form provided by the Department. To the extent applicable, permit applications shall also include the information specified in LAMC Subsection 91.106.3; a detailed description of the proposed use; and structural plans, design criteria, and calculations prepared and approved with an original wet stamp and legible signature by a State of California Licensed Structural Engineer, Architect, or Civil Engineer.
2. Applications shall be filed at least five business days prior to the construction, erection, operation, installation, or use described in the application for a Temporary Special Event Permit.
91.106.1.3.1.3. Fees. A Temporary Special Event Permit will not be issued without the payment of fees required by LAMC Section 91.107. If any changes are made to a previously approved permit, or an additional stage, tent, or canopy is added to the layout, an additional inspection will be required and an associated inspection fee will pertain to each additional inspection as specified in LAMC Section 98.0412.
1. The permit application shall conform to applicable event/day limits and other applicable objective building, zoning, and planning standards.
2. There shall be an existing main structure at the location.
3. There shall be no confirmed violation of applicable laws, regulations, or standards related to a Temporary Special Event Permit at the location during the prior 12-month period.
4. There shall be concurrence from the Department of City Planning, Police Department, Public Works, Fire Department, or other applicable City regulatory agency prior to the Department issuing a permit.
5. The installation or use shall conform to the original layout of the Temporary Special Event Permit and shall not be altered without written notification to and approval of the Department.
6. The applicant shall obtain a re-inspection and approval of the site prior to operation with a new layout.
7. Event activities related to a Temporary Special Event Permit shall comply with applicable laws, regulations, and standards.
8. The applicant shall comply with applicable laws, regulations, and standards governing event activities related to a Temporary Special Event Permit.
9. The applicant shall reimburse the City for applicable inspection costs or fees.
1. The subsections concerning Temporary Special Event Permits do not in any way alter or change the permitting or regulatory authority of other federal, state, or local agencies, including, but not limited to, the Fire Department or Police Department. Event activities related to a Temporary Special Event Permit remain subject to all other applicable laws, regulations, and standards; remain subject to the applicable permitting and regulatory authority of other agencies; and must separately obtain any applicable permits required by other agencies.
2. Temporary Special Event Permits do not authorize the temporary use of an enclosed space or building as a place of assemblage. Such temporary use requires approval as specified in Article 7, Chapter V of the LAMC.
3. Temporary Special Event Permits shall not be issued for more than five events in any 12-month period, and each permit shall be valid for a maximum of seven consecutive days at any single location. Such installations or uses are authorized only for the period set forth in the permit.
4. All temporary construction, uses, or installations associated with a Temporary Special Event Permit shall be stopped immediately after the permit expires, and thereafter be demolished or removed within five days.
91.106.1.3.1.6.1. Suspension and Revocation of Temporary Special Event Permits. A Temporary Special Event Permit issued pursuant to the provisions of LAMC Subdivision 91.106.1.3, et seq., may be suspended or revoked for a failure to comply with the requirements above, or with any relevant provision of the LAMC.
91.106.1.3.2.2. Procedures. The required permit, application, inspection, appeal and slight modification procedures applicable to a Temporary Special Event Permit, as defined in this section, shall apply to a Farmers’ Market Permit. Before commencing a periodic Temporary Installation or Temporary Outdoor Use for the operation of a Certified Farmers’ Market, a Farmers’ Market Permit shall be obtained from the Department. A Farmers’ Market Permit application shall contain proof of a valid Certified Farmers’ Market Certificate and a valid Food and Nutrition Service Number issued by the United States Department of Agriculture.
91.106.1.3.2.4. Requirements. The requirements applicable to a Temporary Special Event Permit shall apply to a Farmers’ Market Permit, with the following exception: there does not need to be an existing main structure at the location. A person utilizing a Farmers’ Market Permit shall maintain proof of a valid Certified Farmers’ Market Certificate and a valid Food and Nutrition Service Number issued by the United States Department of Agriculture.
1. The limits of authorization applicable to a Temporary Special Event Permit shall apply to a Farmers’ Market Permit, with the exception of the five event limit and the authority to remove temporary uses or installations within five days. All temporary construction, uses, or installations associated with a Farmers’ Market Permit shall be stopped immediately and demolished or removed at the close of each event day.
2. A Farmers’ Market Permit may be obtained on an annual basis, is valid for one year from the date of issuance, and serves the same permitting purposes as a Temporary Special Event Permit as long as the layout of each event remains the same.
3. Where a Certified Farmers’ Market is planned to operate on both private property and property in the public right-of-way, a person shall separately obtain the applicable permits from both the Department and the Bureau of Street Services, Department of Public Works. In this instance, the Department shall be the enforcement agency to investigate whether that Certified Farmers’ Market accepts Electronic Benefit Transfer cards.
91.106.1.3.2.6. Violations. A Farmers’ Market Permit issued pursuant to the provisions of LAMC Subdivision 91.106.1.3, et seq., may be suspended or revoked for a failure to comply with the requirements above, or with any relevant provision of the LAMC.
1. Flag poles and towers not erected upon a building and not more than 15 feet high. Radio and television antennae towers which do not exceed 45 feet in height or light standards which do not exceed 30 feet in height.
2. Construction sheds, state approved construction trailers without toilet facilities and sidewalk protection barriers and canopies built pursuant to Division 33, Article 1, Chapter IX of the LAMC. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
3. Sandblasting, liquid washing, compressed air cleaning, steam cleaning of buildings outside of Fire District No. 1 and also those exterior surfaces of buildings which are located more than 20 feet from pedestrian walkways in dedicated streets. Painting, papering and similar work, provided, however, that the values thereof shall be included as part of the value of any new construction for which a permit is required by this Code, for the purpose of determining the amount of the fee to be paid for the permit; and provided further that this exception does not include operations such as liquid washing, compressed air cleaning and steam cleaning on the exterior surfaces of buildings adjacent and within 20 feet of pedestrian walkways in dedicated streets where these operations extend above the first story. (Amended by Ord. No. 180,619, Eff. 5/12/09.)
4. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below.
5. Exhibits, booths, partitions and display counters for temporary use not exceeding 30 days in conjunction with an exhibit or show and not exceeding 12 feet in height above the floor.
6. Outdoor tents or cloth structures for temporary use not exceeding 30 days and not exceeding 12 feet in any dimension, provided such tents are accessory to an indoor or outdoor assembly use on the site.
7. Swimming, bathing, and wading pools not exceeding 24 inches in depth and having a surface area not exceeding 250 square feet.
8. Canopies or awnings located outside of Fire District No. 1 extending not more than 4 feet from the exterior wall of the building and attached to Group R Occupancies. (Amended by Ord. No. 180,619, Eff. 5/12/09.)
9. Impact hazard glazing pursuant to LAMC Section 91.6101. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
10. Work performed by Certified Licensed Contractors in accordance with LAMC Subdivision 91.108.12.1. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
11. Any work accomplished under the auspices of and owned and controlled by the United States of America, by the State of California or the Los Angeles County.
12. Masonry or concrete fences not over 3-1/2 feet high, and other fences not over 10 feet high.
13. Tanks for the storage of combustible liquids, if resting upon the surface of the ground and surrounded by an impounding basin conforming to the requirements of Article 7 of Chapter V of the Los Angeles Municipal Code (Fire Code).
14. Cases, counters and partitions, not over 5 feet 9 inches high.
15. Waterproof pointing of joints in masonry or veneer, also cleaning with detergents which are not injurious to clothing or skin of persons and are not removed by liquid washing, provided work is done from safely enclosed scaffolding which will collect any dust, debris or dropped tools and materials in use.
91.106.3.1. Application. To obtain a permit, the applicant shall file an application on a form furnished by the department.
One complete application for each permit shall be filed. Every 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 legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications and other data as required in LAMC Subdivision 91.106.3.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.
6. Be signed by the permittee, or an authorized agent.
7. Give such other data and information as may be required by the Superintendent of Building.
91.106.3.2.1. Site Plan. (Amended by Ord. No. 182,850, Eff. 1/3/14.) A plot of the site shall be filed with each application for a permit.
EXCEPTION: The Superintendent of Building may grant the omission of a site plot when the proposed work is of such a nature that no information is needed to determine compliance with all laws relating to the location of buildings or occupancies.
With respect to the site, the plot shall show the boundaries, lot lines, existing and proposed buildings and structures, neighboring public ways, and sufficient dimensions and other data to enable the Department to determine compliance with all laws relating to the location of buildings or occupancies.
The number of sets of plans and specifications submitted with each application for a building permit shall comply with the regulations of LAMC Subdivision 91.106.3 of this Code.
EXCEPTION: The Superintendent of Building may waive the requirement for plans and specifications as required in this article if the Superintendent of Building finds that the information on the application is sufficient to show that the work will conform to the provisions of this Code and other relevant laws.
91.106.3.2.3. Official Stamp. When the plans and specifications fully comply with the provisions of LAMC Subdivision 91.106.3.3, the Department shall place an official stamp of approval or an approval perforation on each sheet of each set and, upon payment of the permit fee, shall issue one set to the applicant. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.106.3.2.4. Validity of Approval. The stamping or approval of any plans or specifications shall not be held to permit, or to be an approval of, the violation of any provision of this Code.
91.106.3.2.5. Alterations to Stamped Plans. No stamped or approved plans or specifications shall be altered in any manner, except when and as approved by the department.
91.106.3.2.6. Stamped Plans on Job. The stamped set of plans and specifications issued to the applicant shall be kept at the site of the construction or work and shall be available to the authorized representative of the Department. There shall be no deviation from the stamped or approved application, plans or specifications without Department approval.
91.106.3.3.1. General. (Amended by Ord. No. 186,488, Eff. 12/27/19.) All plans and specifications submitted to the Department for checking shall be drawn with ink or indelible pencil, or shall be made by a reproduction process approved by the department. The first sheet of each set of plans and specifications shall give the street address of the work and the name and address of the owner of the building.
The plans and specifications shall be of sufficient clarity to indicate the nature and extent of the proposed work and to show in detail that it will conform to the provisions of this Code and of relevant laws, ordinances, rules, regulations and orders.
Plans for buildings more than two stories in height of other than Group R, Division 3 and Group U Occupancies shall indicate how required structural and fire resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.
In lieu of detailed specifications, the Department may approve reference on the plans to a specific section, subsection or paragraph of this Code or other ordinance or law.
Distances and dimensions on the plans, when required to show conformity with the provisions of this Code, shall be done in figures.
When required by LAMC Subsection 91.1704.3, a statement of special inspection prepared by the registered engineer or licensed architect responsible for the design of the project shall be included with the set of plans.
91.106.3.3.2. Written Records of Computations Required. (Amended by Ord. No. 174,829, Eff. 10/27/02, Oper. 11/1/02.) When a structural design is required for the purpose of obtaining a permit, it shall be justified by a written record of computations filed with the department and each sheet of the drawings and written record of computations shall be signed by or bear the approved stamp of an engineer or architect licensed by the State of California for the type of service performed. On structures which do not require an engineer’s or architect’s signature according to Article 3, Chapter 7, Division 3, of the California Business and Professions Code, but do require some structural design, the person responsible for the design shall sign the calculations and the sheets of the plans with the engineering details.
91.106.3.3.3. Design Professional in Responsible Charge. (Amended by Ord. No. 186,488, Eff. 12/27/19.) Where it is required that documents be prepared by a registered design professional, the Superintendent of Building shall have authority to require the owner or owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties require of the original registered design professional in responsible charge. The Superintendent of Building shall be notified in writing by the owner or owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, included phased and deferred submittal items for compatibility with the design of the building.
91.106.3.3.3.1. Deferred Submittals. (Added by Ord. No. 186,488, Eff. 12/27/19.) Deferral of any submittal items shall have the prior approval of the Superintendent of Building. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Superintendent of Building.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Superintendent of Building with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Superintendent of Building.
91.106.3.3.4. Yard Restriction. (Amended by Ord. No. 182,850, Eff. 1/3/14.)
The increase in area permitted by CBC Section 506.2 and Section 507 shall not be allowed unless or until the owner of the required yard and open space files with the Department an agreement binding the owner, heirs and assignees, to set aside the required yard as an unobstructed space having no improvements. This agreement shall be recorded in the Los Angeles County Recorder’s Office.
91.106.3.3.5. Exterior Balconies and Elevated Walking Surfaces. (Added by Ord. No. 186,488, Eff. 12/27/19.) Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions.
91.106.4. Permits Issuance.
EXCEPTIONS:
1. (Amended by Ord. No. 174,829, Eff. 10/27/02, Oper. 11/1/02.) The department shall have the authority to withhold a permit for any building if public sewers are not available and the provisions of Article 4, Chapter IX of the Los Angeles Municipal Code (Plumbing Code) prohibit the use of a private sewage disposal system on the lot or premises.
Notwithstanding the provisions of Chapter 7 of the California Plumbing Code as adopted in Section 94.700.0 of the Los Angeles Municipal Code to the contrary, and for any lot or premises located in whole or in part in the San Fernando Valley and certain adjacent areas as described in Section 64.26 A.2. of the Los Angeles Municipal Code:
If public sewers are not available and Article 4 of Chapter IX of this Code does not prohibit the use of a private sewage disposal system, a building permit may be issued, provided that:
A. The owner or owners shall install a holding tank pursuant to permits from the Department of Building and Safety and the Fire Department; and
B. The owner or owners shall submit a covenant and agreement that runs with the land to provide a connection to the public sewer when it becomes available, or to vacate the building if no connection is made. This covenant and agreement shall be signed by the owner or owners and filed with the County Recorder; or
C. The permit is for four or fewer dwelling units in a residential zone, or for a structure that will not result in the discharge of wastewater.
2. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) The Department shall have the authority to withhold permits where the proposed development is located in an area subject to slides or unstable soil which may have an adverse effect on the proposed development or access thereto, as determined by the Department. If the apparent safety of the proposed development can be verified pursuant to the provisions of Sections 91.7016.4.2 and 91.7016.4.3 of this Code, the Department shall issue a permit upon receipt of a sworn affidavit which has been recorded by the County Recorder, stating that the applicant is fully aware that the proposed development is located in an area subject to slides or unstable soil which may have an adverse effect on the proposed development or access thereto.
3. The department shall have the authority to withhold a building permit where the proposed building site is an area subject to inundation, as determined by the department. If it can be shown by authentic past records that any possible inundation is not likely to be of such extent as to be an immediate hazard to occupancy of the proposed building, the department shall issue a building permit upon receipt of a sworn affidavit which has been recorded by the county recorder stating that said applicant is fully aware of the department’s finding that the structure is an area subject to inundation.
4. The department shall have the authority to withhold permits on projects located within a Special (Fault) Studies Zone established under Chapter 7.5, Division 2, of the California Public Resources Code. Permits may be issued if it can be demonstrated through accepted geologic seismic studies that the proposed structure will be located in a safe manner and not over or astraddle the trace of an active fault. Acceptable geologic seismic studies shall meet the criteria as set forth in rules and regulations established by the Superintendent of Building to assure that such studies are based on sufficient geologic data to determine the location or nonexistence of the active fault trace on a site. Prior to approval of a project, a geologic report defining and delineating any hazard of surface fault rupture shall be required. If the city finds that no undue hazard of this kind exists, the geologic report on such hazard may be waived, with approval of the state geologist.
5. (Amended by Ord. No. 182,850, Eff. 1/3/14.) The department shall have the authority to withhold a demolition or relocation permit for a residential building composed of two or more residential rental units under the following circumstances:
A. When the applicant states that the purpose for demolition or relocation is to construct a condominium, stock cooperative or community apartment project, permits shall be withheld until all necessary tentative tract or preliminary parcel maps for such new subdivision have been approved by the city.
B. This (Exception 5) shall not apply if the building is to be demolished and is:
(i) Constructed of unreinforced masonry construction and built pursuant to a building permit issued prior to October l, 1933; or
(ii) To be demolished pursuant to a demolition order issued by the Department under authority set forth in Division 89 of Article l of Chapter IX of the Los Angeles Municipal Code.
C. This (Exception 5) shall not apply if the applicant demonstrates to the satisfaction of the Department that the site will be developed with housing for low- to moderate-income households, which housing is to be developed, constructed or acquired with federal, state or local government financial assistance.
D. This (Exception 5) shall not apply to two-family dwellings or to apartment houses and apartment hotels containing three dwelling units, provided that at least one dwelling unit in each such building is occupied by a record owner of the property.
6. (Amended by Ord. No. 175,790, Eff. 3/29/04.) The Department shall have the authority to withhold permits on projects located within a Methane Zone or Methane Buffer Zone established under Sections 91.7101 et seq. of this Code. Permits may be issued upon submittal of detailed plans that show adequate protection against flammable gas incursion by providing the installation of suitable methane mitigation systems.
7. The department shall have the authority to withhold permits for public works capital improvement projects until receipt of written certification from the Cultural Affairs Department that the board, bureau or department of the city authorized by law to construct the project has fully complied with the requirements of the city’s Public Works Improvements Arts Program. For purposes of this section, public works capital improvement project” includes any capital project paid for wholly or in part by the City of Los Angeles or by any board, bureau or department of the city authorized by the City Charter or other law to construct or remodel any building, structure, park, utility, street, sidewalk or parking facility, or any other type of capital project or any portion thereof, within the geographical limits of the city.
8. The department shall have the authority to withhold the building permit where, in the opinion of the Superintendent of Building, the design of a structure, due to the unusual configuration of the structure or parts of the structure or assembly of structural materials therein, does not provide at least the same safeguard against earthquake as provided by the applicable portions of this Code when applied in the design of a similar structure of customary configuration.
9. Reserved.
10. The department shall have the authority to withhold a building permit or relocation permit for a site if the department determines that demolition or relocation work has been done on the site without the benefit of required demolition or relocation permits. If the department, after notice and hearing, makes this determination, the department shall also have the authority to record an affidavit with the County Recorder stating that no permits for any new development shall be issued on the property for a period of five years.
11. (Amended by Ord. No. 181,758, Eff. 8/8/11.) The Department shall have the authority to withhold a building permit for a residential building composed of two or more residential rental units, under the following circumstances:
A. When the applicant states that the purpose for a building permit is to construct a condominium, stock cooperative or community apartment project, permits shall be withheld until all necessary tentative tract or preliminary parcel maps for the new subdivision have been approved by the city.
12. The Department of Building and Safety shall have the authority to withhold building permits for the construction of hotels until a conditional use permit allowing the sale of liquor has been granted by the Department of City Planning or until the Department of Building and Safety receives from the property owner a sworn affidavit, signed by the owner and recorded by the Los Angeles County recorder, declaring that the hotel shall not sell or serve liquor on the premises for a period of not less than five years.
13. The Department of Building and Safety shall have the authority to withhold grading permits for developments with disturbed areas of one acre or more unless the applicant is able to show that a Notice of Intent to comply with the State Construction Activity Storm Water Permit has been filed with the State Water Resources Control Board and a Storm Water Pollution Prevention Plan has been prepared. For the purpose of this section, “disturbed area” shall mean an area altered as a result of cleaning, grading and/or excavation of earth. (Amended by Ord. No. 178,132, Eff. 1/19/07.)
14. The Department of Building and Safety shall require applicants, as a condition for issuing a grading or building permit, to incorporate into the plan documents best management practices necessary to control stormwater pollution from sediments, erosion, and construction materials leaving the construction site. Such requirements shall be in accordance with the provisions contained in the “Development Best Management Practices Handbook, Part A Construction Activities” adopted by the Board of Public Works as authorized by Section 64.72 of the Los Angeles Municipal Code. (Added by Ord. No. 172,673, Eff. 7/30/99.)
15. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.) The Department of Building and Safety shall have the authority to withhold grading and/or building permits for developments until:
A. The applicant incorporates into the development to the satisfaction of the Bureau of Sanitation of the Department of Public Works, best management practices necessary to control storm water pollution in accordance with the “Low Impact Development Ordinance” (Ord. No. 181,899) and the “Planning and Land Development Best Management Practices Handbook, Low Impact Development Manual, Part B Planning Activities” adopted by the Board of Public Works as authorized by LAMC Section 64.72; and (Amended by Ord. No. 186,488, Eff. 12/27/19.)
B. The Bureau of Sanitation of the Department of Public Works receives a Covenant and Agreement, signed by the owner and recorded with the Los Angeles County Recorder, declaring that the best management practices necessary to control stormwater pollution shall be installed and/or constructed and maintained in proper working condition at all times; and
C. The applicant submits to the Bureau of Sanitation of the Department of Public Works, a set of plans and specifications showing compliance with the Standard Urban Stormwater Mitigation Plan or Site Specific Mitigation Plan.
16. The Department of Building and Safety shall have the authority to withhold building permits for new development on the site of a destroyed or demolished Residential Hotel and for the conversion or demolition of Residential Units on any property identified as a Residential Hotel by the Los Angeles Housing Department pursuant to Article 7.1 of Chapter IV of the Los Angeles Municipal Code until the Los Angeles Housing Department has verified compliance with the provisions of Article 7.1 of Chapter IV of the Los Angeles Municipal Code in order to preserve Residential Units in the Residential Hotels of the City of Los Angeles. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
EXCEPTION: Plans for the following need not be maintained, except where required by the department:
1. Single or multiple dwellings in non-hillside areas which are not part of a common interest development (as defined in Section 1351(c) of the Civil Code of California), and not more than two stories and basement in height.
2. Garages and other structures appurtenant to buildings described in Item 1 of this exception.
3. Farm or ranch buildings.
4. Any one story building where the span between bearing walls does not exceed 25 feet. This exception does not, however, apply to a steel frame or concrete building.
5. Alterations to commercial buildings, apartments and hotels which do not require the signature of a licensed civil or structural engineer or architect.
91.106.4.2.2. Inspection and Reproduction of Retained Plans.
91.106.4.2.2.1. Inspection of Plans. The copy of the approved building plans maintained by the department as provided by Section 91.106.4.2.1 of the Los Angeles Municipal Code shall be available for inspection only on the premises of the department.
EXCEPTION: Plans or portion of plans for banks, other financial institutions or public utilities which are maintained by the department may not be inspected without written permission from the owner of the building.
91.106.4.2.2.2. Reproduction of Plans. (Amended by Ord. No. 171,185, Eff. 7/22/96.) Plans maintained by the Department under Subdivision 1 of this subsection may not be duplicated in whole or in part except with the written permission of the certified, licensed or registered professional or that professional’s successor, if any, who signed the original documents, and the written permission of the original or current owner of the building, or, if the building is part of a common interest development, with the written permission of the board of directors or governing body of the association established to manage the common interest development; or by order of a proper court. In implementing this provision, the Department shall comply with the requirements of Health and Safety Code Section 19851.
The Department shall also furnish the form of an affidavit to be completed and signed by the person requesting to duplicate the official copy of the plans, which contains provisions stating all of the following:
1. That the copy of the plans shall only be used for the maintenance, operation, and use of the building.
2. That drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed, or registered professional of record.
3. That Subdivision (a) of Section 5536.25 of the Business and Professions Code states that a licensed architect who signs plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to, or use of, those plans, specifications, reports, or documents where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the architectural service rendered by the architect who signed the plans, specifications, reports, or documents was not also a proximate cause of the damage.
Grading plans which are on file with the Department are public records and may be duplicated.
The fees specified in the following provisions 1 or 2 shall be paid by the person requesting duplication of plans:
1. Building plans that have not been microfilmed and are authorized for reproduction, and grading plans that are to be duplicated by other than City services will be released only to a bonded duplicating service which has posted a bond for the benefit of the City of Los Angeles in an amount at least equal to the value of the plans.
The cost of duplicating the plans shall be paid directly to the duplicating service by the persons requesting duplication. That person shall pay a service fee of $15.00 for each set of plans released to a bonded duplicating service as herein provided.
2. Building plans that have been microfilmed and are authorized for reproduction shall be duplicated by City services. The Department shall collect an initial service fee of $8.00 for each request for reproduction of plans plus a fee of $1.00 for each sheet requested to be photocopied.
91.106.4.2.3. Compliance. A certified copy of the microfilmed plans shall constitute compliance with the requirement of this section.
91.106.4.3. Validity of Permit.
Permits issued under the requirements of this Code shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other Code, department or division of the City of Los Angeles.
All permits are issued subject to the following conditions:
If the work described by a valid permit is prohibited by a change in the Los Angeles Municipal Code, then such work may be completed only if the department determines that both substantial liabilities have been incurred, and substantial work has been performed on site, in accordance with the terms of that permit. Work performed and liabilities incurred pursuant to a demolition or relocation permit shall not be considered in determining whether an owner may complete a building or structure for which a building permit has been issued.
91.106.4.3.2. Validity of Other Laws. Neither the issuance of a permit nor the approval by the department of any document shall constitute an approval of any violation of any provision of this Code or of any other law or ordinance, and a permit or other document purporting to give authority to violate any law shall not be valid with respect thereto.
91.106.4.3.3. Official Grades. The applicant shall satisfy themself as to the correctness of proposed structure elevations and locations with respect to the official grades of public streets and to the policy of the Board of Public Works relative to the location and length of curb depressions for driveways.
91.106.4.3.4. Easements. Before issuing any permit, the department shall require a declaration, under penalty of perjury, from the owner or agent having the property owner’s consent stating that:
“The proposed work will not destroy or unreasonably interfere with any access or utility easement belonging to others and located on my property, but in the event such work does destroy or unreasonably interfere with such easement, a substitute easement(s) satisfactory to the holder(s) of the easement will be provided.”
91.106.4.4.1. General. The regulations concerning the expiration, suspension and revocation of permits are enumerated in Chapter IX Article 8, Division 6, of the Los Angeles Municipal Code.
91.106.4.4.2. Making False Statements to the Department. Any person who willfully or knowingly, with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact in any documentation required by the Department shall be guilty of a misdemeanor. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.106.4.4.3. Unfinished Buildings or Structures. Whenever the department determines by inspection that work on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or more, the owner of the property upon which such structure is located, or other person or agent in control of said property, upon receipt of notice in writing from the department to do so, shall, within 90 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion, or shall remove or demolish the building or structure within 180 days from the date of the written notice.
91.106.4.5. Permits for Historical and Cultural Buildings. The department shall not issue a permit to demolish, alter or remove a building or structure of historical, archaeological or architectural consequence if such building or structure has been officially designated, or has been determined by state or federal action to be eligible for designation, on the National Register of Historic Places, or has been included on the City of Los Angeles list of historic cultural monuments, without the department having first determined whether the demolition, alteration or removal may result in the loss of or serious damage to a significant historical or cultural asset. If the department determines that such loss or damage may occur, the applicant shall file an application and pay all fees for the California Environmental Quality Act Initial Study and Check List, as specified in Section 19.05
of the Los Angeles Municipal Code. If the Initial Study and Check List identifies the historical or cultural asset as significant, the permit shall not be issued without the department first finding that specific economic, social or other considerations make infeasible the preservation of the building or structure.
91.106.4.5.1. Notification of Demolition. (Amended by Ord. No. 186,484, Eff. 1/28/20.) The Department shall not issue a building permit for demolition of a building or structure for which the original building permit was issued more than 45 years prior to the date of submittal of the application for demolition pre-inspection, or where information submitted with the application indicates that the building or structure is more than 45 years old based on the date the application is submitted, without having first provided the following required notice and taken the following required actions at least 30 days prior to issuance of the demolition of building or structure permit:
1. The Department shall send written notice of the demolition pre-inspection application via U.S. mail or email to the abutting property owners and occupants, as well as the City Council District Office and Certified Neighborhood Council Office representing the site, for which a demolition pre-inspection has been proposed for a building or structure as defined by the Los Angeles Municipal Code. (Amended by Ord. No. 187,719, Eff. 1/23/23.)
2. The applicant shall post a placard on the property where the demolition will occur, in a conspicuous, visible place, within 5 feet of the front property line, describing the date of the application for demolition pre-inspection with the following standards:
A. The placard shall be a minimum 11" x 17" in size and mounted at a minimum of four feet above the ground.
B. The placard shall have black letters on contrasting background white or color paper.
C. The placard shall have major block- style letters a minimum 2-1/2 inches in height and shall state: “NOTICE OF DEMOLITION”. Minor letters 1-1/2 inches in height shall specify the permit number and the phone number to be called for information.
D. The placard material shall be made of durable, laminated or other weather resistant material.
3. The Department shall verify the placement of the placard prior to commencement of the demolition work.
4. All applicable protection devices (i.e., fences and/or pedestrian protection canopies) shall be installed and approved by the Department prior to demolition work and maintained during demolition, in accordance with LAMC Sections 91.3306 and 91.3307. The Department shall verify the placement of these devices prior to the commencement of demolition work.
91.106.4.5.2. (Amended by Ord. No. 186,484, Eff. 1/28/20.) The applicant seeking the permit shall provide the Department with the names of and addresses of all persons entitled to receive notice pursuant to LAMC Subsection 91.106.4.5.1.
91.106.4.5.3. (Amended by Ord. No. 186,484, Eff. 1/28/20.) The Department shall collect a fee in the amount of $60.00 when an application for the demolition of a building or structure described in LAMC Subsection 91.106.4.5.1 is filed with the Department. This fee shall be charged in addition to applicable demolition pre-inspection fees set forth at LAMC Subsection 91.107.3.2.
91.106.4.5.4. (Amended by Ord. No. 186,484, Eff. 1/28/20.) LAMC Subsections 91.106.4.5.1, 91.106.4.5.2, and 91.106.4.5.3 shall not apply to a building or structure as described in LAMC Subsection 91.106.4.5.1 that is the subject of a pending zoning application for a specific plan filed prior to January 12, 2015. In the event a specific plan for such property is not approved within 3 years from January 12, 2015, such property shall be required to comply with the provisions of LAMC Subsections 91.106.4.5.1, 91.106.4.5.2, and 91.106.4.5.3. Insofar as the provisions of LAMC Subsections 91.106.4.5.1, 91.106.4.5.2, and 91.106.4.5.3 are different than or in conflict with the provisions of a specific plan, the provisions of the specific plan shall govern.
91.106.4.5.5. (Amended by Ord. No. 186,484, Eff. 1/28/20.) LAMC Subsections 91.106.4.5.1, 91.106.4.5.2, and 91.106.4.5.3 shall not apply to a building or structure as described in LAMC Subsection 91.106.4.5.1 that will be demolished as part of a project that was subject to California Environmental Quality Act review and for which the corresponding discretionary project approval was issued prior to submittal of the application for demolition pre-inspection.
91.106.4.6. Notification and Posting in a Hillside Grading Area.
91.106.4.6.1. In any area designated as a hillside grading area, the department shall not issue (1) a building permit for construction of a building with over 500 square feet of floor area, or (2) a building permit for any addition to an existing building which adds over 500 square feet of floor area, or (3) a grading permit for the grading of more than 1,000 cubic yards of earth materials without having first done the following at least 10 days prior to issuance of the building or grading permit:
1. The department shall send written notices of the permit application, by mail, to the owners of all property abutting the property at which the construction or grading will occur. Notices shall also be sent to the owners of all property across the street or alley when such property is intersected by a projection of the lot lines of the property at which the construction or grading will occur; and
2. The department shall post a notice of the permit application on the property at which the construction or grading will occur.
91.106.4.6.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The applicant seeking the permit shall provide the Department with the names and addresses of all persons entitled to receive notice pursuant to LAMC Paragraph 91.106.4.6.1.
91.106.4.6.3. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The Department shall collect a fee in the amount of $60.00 when an application for a building or grading permit described in LAMC Paragraph 91.106.4.6.1 is filed with the Department.
91.106.4.7. Curb Ramps.
91.106.4.7.1. Condition of Permits. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Subject to the provisions of LAMC Paragraph 91.106.4.7.2, no building or structure shall be erected or enlarged, and no building permit issued therefor, on any lot, any part of which is within 100 feet (30.48 m) of the straight projection of the intersection of the building lines of a corner lot of the block within which subject lot fronts, unless the applicant agrees in writing, and submits the necessary surety in the form of a bond or cash deposit, to construct a corner curb ramp at such corner and in addition, if such lot is within 100 feet (30.48 m) of two such intersections to construct corner curb ramps at each of the two adjacent corners at both intersections, for a total of two ramps. The curb ramp shall comply with the standards contained in Part 2 of Title 24 of the California Code of Regulations. Such improvements procedure shall, in all respects be in compliance with LAMC Section 12.37 D.
EXCEPTIONS: This section does not apply to the following:
1. One or two family dwelling or addition thereto located in a tract, parcel map or subdivision recorded prior to the effective date of this section.
2. A building or structure or addition thereto of less than 500 square feet in gross floor area or when such building, structure or addition thereto contains a restaurant or fast food restaurant of less than 200 square feet in gross floor area.
3. Where sidewalks are neither currently installed nor required by the city as a condition of development, at either the location of the proposed development or the location of the otherwise proposed curb ramp.
91.106.4.7.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) It is determined that the requirements of LAMC Paragraph 91.106.4.7.1 shall be imposed as a condition to the erection of any structure or addition thereto wherein handicapped access is otherwise required.
91.106.4.8.1. Contents. Any person who obtains the following types of permits shall post a notice, as described below, at the construction site:
1. Permit for new structures, except signs,
2. Permit for additions to existing buildings,
3. Change of use or occupancy permit,
4. Demolition permit,
5. Relocation permit,
6. Swimming pool permit, or
7. Grading permit.
The notice shall be on a form entitled “Construction Site Notice” provided by the Department and shall include the following information: job site address, permit number, name and phone number of the contractor and owner or owner’s agent, hours of construction allowed by code or any discretionary approval for the site, and City telephone numbers where violations can be reported.
91.106.4.8.2. Location. The notice shall be posted and maintained at the construction site and displayed in a location that is readily visible to the public and approved by the Department.
91.106.4.8.3. Maintenance of Notice. The notice shall be displayed after issuance of the permit and prior to the start of construction. The notice shall be displayed continuously during the process of construction until all the work authorized by the permit is inspected and approved by the Department. All contact information on the notice, including telephone numbers, shall be correct and maintained current. Failure to display this notice may result in withholding of inspections by the Department.
1. It is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;
2. It conforms to all applicable state and local fire, structural, electrical and other building codes;
3. It meets all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;
4. It is installed on a single or duplex family dwelling; and
5. Its solar panels or module arrays do not exceed the maximum legal building height, which includes the height allowances provided by Section 12.21.1 B.3.(c) of the Los Angeles Municipal Code.
The Department shall publish on a publicly accessible internet site all required permitting documentation and a checklist of all requirements with which such solar energy systems must comply to be eligible for streamlined review. The Department shall use the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook and adopted by the Governor’s Office of Planning and Research. The Department shall allow online submittal of permit applications and associated documentation, and shall authorize the electronic signature of all forms, applications and other documentation in lieu of a wet signature.
A permit application that the Department determines satisfies the information requirements in the checklist shall be deemed complete. Upon confirmation that an application is complete and that the proposed solar energy system complies with all requirements of the Los Angeles Municipal Code, the Department shall approve the application and issue all required permits in a timely manner in substantial conformance with the recommendations of the California Solar Permitting Guidebook. Upon receipt of an incomplete application, the Department shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for streamlined permit issuance.
Except as provided herein, a solar energy system eligible for streamlined review shall be subject to no more than one inspection, which shall be done in a timely manner in substantial conformance with the recommendations of the California Solar Permitting Guidebook and may involve multiple agencies. If the eligible solar energy system fails the inspection, a subsequent inspection may be required. This section does not preclude the Los Angeles Department of Water and Power from conducting separate inspections for the interconnection of a solar energy system to the electricity grid.
The Department need not approve an application or issue permits under this section if the Department makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health or safety. “Specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.
(Amended in Entirety by Ord. No. 171,668, Eff. 8/28/97.)
91.107.1. General. Fees shall be assessed in accordance with the provisions of this section.
91.107.1.1. Annual Review of Fees. The fees in this code shall be reviewed annually by the Superintendent of Building. Beginning on July 1, 2010, and thereafter on July 1, of every year, the amount of each fee in this code shall be adjusted as follows: Calculate the percentage movement between July of the previous year and July of the current year in the Consumer Price Index - All Urban Consumers in the Los Angeles area, as published by the United States Government Bureau of Labor Statistics. Adjust each fee by said percentage amount and round off to the nearest ten cents, provided, however, no fee shall exceed the reasonable cost of providing services. When it is determined that the amount reasonably necessary to recover the cost of providing services is in excess of this adjustment, the Superintendent of Building may present fee proposals to the City Council for approval. (Added by Ord. No. 180,868, Eff. 10/22/09.)
91.107.2.1. Building Permit. Unless otherwise required below, the amount of the permit fee shall be as shown in Table No. 1-A of this code for the total value of all construction work for which the building permit is issued, including all painting, papering, roofing, electrical work, plumbing, permanent or fixed heating equipment, elevator equipment, fire sprinkler equipment and any other permanent portions or permanent equipment except as provided in Section 91.106 of this code.
No portion of any building, including mechanical, electrical and plumbing work shall be excluded from the valuation for a building permit because of any other permits required by any governing agency.
91.107.2.2. Combined Building-Mechanical Permit. (Amended by Ord. No. 185,587, Eff. 7/16/18.) A combined building-mechanical permit shall be issued, provided a fee is paid. The permit fee shall be as determined by using Table 1-A.1 of this division. A combined building-mechanical permit shall entitle the permittee to the inspection of all building, electrical, plumbing, heating, ventilating and air conditioning work in the following systems:
1. A new one- or two-family dwelling.
2. Any work necessary and in conjunction with alterations, additions or demolitions to a one- or two- family dwelling. In the event that work in one or more of the mechanical trades is not required, the applicable fee(s) shall not be collected.
3. A pool accessory to a one- or two-family dwelling, except pools that are exempt from a building permit but may require a permit for electrical, plumbing and hearing work, a combined building- mechanical permit shall be issued provided a fee is paid. The fee shall be 75% of the fee determined from Table 1-A of this division. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
4. A complete solar heating and/or cooling system installation appurtenant to and used exclusively by a one- or two-family dwelling; or an individual dwelling unit or an efficiency dwelling unit in an apartment house, apartment-hotel or hotel; or a pool accessory to a one-family dwelling.
91.107.2.3. Sign Building Permit. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Before issuing a building permit for any sign, the Department shall collect a permit fee. The amount of the permit fee shall be equal to 3.5% of the total value of all construction or work, as determined by the Department, for which the building permit is issued, but in no event shall the permit bee be less than the minimum inspection fee as specified in LAMC Section 98.0412(a) and Footnote 4 of Table 1-A of this division. The sign building permit shall be subject to the surcharge specified in Footnote 1 of Table 1-A of this division.
91.107.2.4. Grading Permit. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Before issuing any grading permit, the Department shall collect a permit fee, the amount of which shall be as shown in Table 1-D of this division.
91.107.2.5. Earthquake Hazard Reduction in Existing Tilt-up Concrete Wall Buildings Permit. The permit fee for construction work which the Department determines is necessary to satisfy the requirements contained in Section 91.9108 of this code, shall be based on the entire floor area of the building requiring any strengthening work. The fee shall be equal to $0.0347 per square foot or fraction thereof of the subject building.
91.107.2.6. Permit Issuing Fee When Plan Check Is Not Required. See Section 98.0415 of the Los Angeles Municipal Code.
91.107.2.7. Certificate of Occupancy for Use of Land Permit. A fee of $150.00 shall be charged for each Certificate of Occupancy for use of land; however, no fee shall be charged when a Certificate of Occupancy is being issued pursuant to Section 91.109 of this code or when any work which requires a building permit is done.
91.107.2.8. Awning Installation Permit. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Every awning erected and arranged so that temporary shelter may be provided over any portion of a public way shall be subject to an installation fee equal to the minimum inspection fee specified in LAMC Section 98.0412(a).
91.107.2.9. Temporary Special Event Fees. (Added by Ord. No. 187,056, Eff. 7/4/21.) The City Council shall adopt, by resolution, a fee based on an analysis of the cost of issuing a Temporary Special Event Permit or Farmers’ Market Permit. The Department shall collect that fee prior to the issuance of those permits pursuant to Sections 91.106.1.3.1 or 91.106.1.3.2 of this Code. If any changes are made to a previously approved permit, an additional inspection will be required and an associated inspection fee pursuant to LAMC Section 98.0412 will pertain to each additional inspection. Fees are not refundable once work has been performed by the Department, regardless of whether the action taken is approval or denial.
91.107.3. Plan Check and Preinspection Fees.
91.107.3.1. Plan Check Fees. Before formally accepting a set of plans and specifications for checking, the Department shall collect a plan check fee. Plan checking shall expire if permit is not secured within the time limits specified in Section 98.0603 of the Los Angeles Municipal Code.
91.107.3.1.1. Buildings and Structures. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Unless otherwise required below, the plan check fee for buildings, structures or portions thereof shall be equal to 90% of the building permit fee as shown in Table 1-A of this division.
EXCEPTION: Where the occupancy of a residential building or portion thereof is changed, the plan checking fee shall be based on a valuation equal to 85% of the replacement value of the building or portion changed.
91.107.3.1.2. Signs and Sign Support Structures. The plan check fee for signs and/or sign support structures shall be equal to 50 percent of the building permit fee as indicated in Section 91.107.2.3 of this code.
91.107.3.1.3. Grading Work. The plan check fee for grading plans shall be 90 percent of the grading permit fee as indicated by Section 91.107.2.4 of this code. The fee for grading work on two or more contiguous sites may be the amount indicated for the sum of the total cubic yards in all the separate sites.
EXCEPTION: A grading plan check fee will not be required for jobs of 50 cubic yards (38.3 m3) or less.
91.107.3.1.4. Hourly Plan Check Fee. The Department may collect a plan check fee as specified in Section 98.0415(e) of the Los Angeles Municipal Code for any time not included by the original plan check fee and shall be in addition to other fees specified in this code.
91.107.3.1.5. Tilt-Up Concrete Wall Buildings. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The plan check fee for construction pursuant to the requirements of the Earthquake Hazard Reduction in Existing Tilt-up Concrete Wall Buildings contained in Division 91, Article 1, Chapter IX of the LAMC shall be equal to the building permit fee as specified in LAMC Subdivision 91.107.2.5.
91.107.3.1.6. Plan Check Fees for More Than One Building. When two or more buildings are to be erected on the same site and the following regulations are complied with, the plan checking fee, if of a lesser amount, may be the fee indicated for the sum of the values of all the separate buildings.
91.107.3.1.6.1. All of the buildings shall be shown on the one set of plans and specifications.
91.107.3.1.6.2. Applications for separate permits for each building shall be filed prior to the checking of the plans.
91.107.3.1.6.3. Two sets of plans and specifications shall be submitted to the Department.
91.107.3.1.7. Plan Check Fees for Duplicate Buildings. When two or more buildings are to be erected from identical plans and specifications and the following regulations are complied with, the plan checking fee, if of a lesser amount, may be the fee indicated for the sum of the values of all the separate buildings.
91.107.3.1.7.1. Applications for separate permits for each building shall be filed prior to the checking of the plans.
91.107.3.1.7.2. A site plat shall accompany each application for a permit.
91.107.3.1.7.3. The number of sets of plans and specifications submitted to the Department shall be one more than the number of applications for permits.
91.107.3.1.7.4. Footings for one or more of the buildings may deviate from the plans and specifications provided that, in each instance, separate footing plans are submitted to the Department.
91.107.3.1.8. Fees for Rechecking Plans. (Amended by Ord. No. 185,587, Eff. 7/16/18.) No additional fee shall be charged for verification of the corrections required by the Department or other departments. However, when the applicant revises plans for other than plan check correction and additional plan check time is required to review the plan revisions, the Department shall collect a supplemental plan check fee as specified in LAMC Paragraph 91.107.3.1.4.
When plans are resubmitted for review of changes made to previously approved plans, an application for a permit shall be filed.
The plan checking fee in the case of a building permit shall be based on an hourly rate as specified in LAMC Paragraph 91.107.3.1.4, and the plan check fee for a grading permit shall be as specified in LAMC Paragraph 91.107.3.1.3 for the number of cubic yards replaced, removed or omitted that were not previously approved.
When a permit expires by limitation and the work is not completed, the plans shall be resubmitted for checking before the issuance of a new permit. The plan checking fee shall be based on the same valuation as specified for the permit in LAMC Subdivision 91.106.4.4.
1. Grading Preinspection. A grading preinspection fee shall be collected for any building permit application involving work in the hillside grading area and for all grading plans submitted to the Department.
EXCEPTION: The grading preinspection fee may be waived when the Department determines that the nature of the work does not require preinspection of the work site.
2. Sign Preinspection. A sign preinspection fee shall be collected when a permit application is filed for construction, replacement, alteration or repair of a sign.
EXCEPTION: The sign preinspection fee may be waived when the Department determines that the nature of the sign does not require preinspection of the proposed location to determine compliance with applicable requirements.
3. Demolition Preinspection. A demolition preinspection fee shall be collected for all proposed demolition of buildings (including accessory buildings) or structures on a site and shall be conducted before the issuance of a demolition permit.
EXCEPTION: The demolition pre- inspection and demolition preinspection fee may be waived when the Department determines that previous inspections associated with the Department’s abatement programs have been made.
4. Preinspection. Preinspection fee shall be collected whenever the Department determines that due to the nature of the work involved, an inspection is necessary.
91.107.3.3. Fees for Off-hour Plan Check. Upon request by an applicant and accepted by the Department, an off-hour plan check fee per Section 98.0422 of the Los Angeles Municipal Code may be collected.
91.107.4. Permit Related Fees. When applicable, the following supplemental fees shall be required prior to issuance of a permit.
91.107.4.1. Supplemental Building Permit Fees. A fee for a supplementary building permit to cover any additional valuation to work included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire evaluation.
A fee for a building permit authorizing changes from approved plans or specifications shall be based on a valuation equal to the increase in valuation caused by the change, but no refund shall be made if the change causes a reduction of valuation.
91.107.4.2. Supplemental Grading Permit Fees. The fee for a supplementary grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.
91.107.4.3. Plan Maintenance Fees. Before issuing a building permit, the Department shall collect a fee for maintaining building plans which are required to be retained by Section 91.106.4.2 of this Code.
The amount of the plan maintenance fee shall be 2 percent of the building permit fee, but not less than $10.00 and not more than $300.00, and shall be collected for each separate plan to be retained by the Department.
91.107.4.4. Fire Hydrant Fee Notice. Before issuing any building permit required by this code, if the total value of all new construction or work for which the permit is issued is $50,000 or greater, as determined by the Department, the Department shall collect a fire hydrant fee. The amount of this fee shall be equal to 22/100 of 1 percent of the total value of all construction or work for which the permit is issued. If the applicant for a building permit subject to the fire hydrant fee pays such fee under protest or refuses to pay such fee, the Department may issue the permit, but shall affix to the permit a Fire Hydrant Fee Notice to read as follows:
FIRE HYDRANT FEE NOTICE:
The City of Los Angeles may amend the Fire Hydrant Fee Ordinance.
The owner of the project designated in this permit shall be obligated to pay to the Department a fire hydrant fee in the amount to be calculated pursuant to any amendment to the fire hydrant fee ordinance. This fee will be used to provide adequate fire-safety facilities and services for new development.
EXCEPTION: A fire hydrant fee shall not apply to any permit for demolition of a building or structure.
The Department of Building and Safety shall cause all money collected pursuant to this section to be deposited into the Fire Hydrant Installation and Main Replacement Fund described in Section 5.114 of the Los Angeles Administrative Code for purposes of disbursement as permitted therein; except that $5.00 from each fire hydrant fee shall be deposited in the Department of Building and Safety Building Permit Enterprise Fund pursuant to Section 5.114 of the Los Angeles Administrative Code. (Amended by Ord. No. 180,619, Eff. 5/12/09.)
91.107.4.5. Metal Bars, Grilles, Grates, Security Roll-Down Shutters and Similar Devices. (Amended by Ord. No. 174,829, Eff. 10/27/02, Oper. 11/1/02.) The permit fee for the installation of devices for which a permit is required by Section 91.6304.3 of this Code shall be $25.00 for each affected dwelling unit, efficiency dwelling unit, light housekeeping room or guest room in a residential building.
EXCEPTIONS:
1. The Department shall issue a permit without collection of a fee if it determines that the following conditions are met:
A. The metal bars, grilles, grates, security roll down shutters and similar devices were installed prior to June 3, 1986, and
B. The dwelling unit is in full compliance with CBC Section 310.4 when the first inspection is conducted pursuant to CBC Section 310.4.
2. The Department shall issue a permit without the collection of a fee for all eligible lower income households, as defined by California Health and Safety Code Section 50079.5. The Department shall determine whether the applicant meets the applicable criteria for eligibility.
91.107.4.6.1. Arts Fee. The owner of a development project for a commercial or industrial building shall be required to pay an arts fee in accordance with the requirements of this section.
91.107.4.6.2. Fee Amount. The Department of Building and Safety shall collect an arts fee in the following amount:
1. Office or research and development. For an office or research and development building, the arts fee shall be $1.57 per square foot.
2. Retail. All retail establishments shall pay an arts fee of $1.31 per square foot.
3. Manufacturing. For a manufacturing building, the arts fee shall be $0.51 per square foot.
4. Warehouse. For a warehouse building, the arts fee shall be $0.39 per square foot.
5. Hotel. For a hotel building, the arts fee shall be $0.52 per square foot.
In no event shall the required arts fee exceed either $1.57 per gross square foot of any structure authorized by the permit or one percent of the valuation of the project designated on the permit, whichever is lower, as determined by the Department of Building and Safety. Where there are combined uses within a development project or portion thereof, the arts fee shall be the sum of the fee requirements of the various uses listed above. The Cultural Affairs Department shall revise the arts fee annually by an amount equal to the Consumer Price Index for Los Angeles as published by the United States Department of Labor. The revised amount shall be submitted to Council for adoption by ordinance.
91.107.4.6.3. Time of Collection. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Exception as provided in LAMC Subdivision 91.107.4.6, the Department shall collect an arts fee before issuance of a building permit for commercial and industrial buildings required by this Code.
91.107.4.6.4. EXCEPTIONS: (Amended by Ord. No. 185,587, Eff. 7/16/18.) The arts fee required by LAMC Subdivision 91.107.4.6 shall not be assessed for the following projects or portions thereof:
1. Any project for which the total value of all construction or work for which the permit is issued is $500,000 or less.
2. The repair, renovation or rehabilitation of a building or structure that does not alter the size or occupancy load of the building.
3. The repair, renovation or rehabilitation of a building or structure for the installation of fire sprinklers pursuant to Division 9, Article 1, Chapter IX of the LAMC. (Amended by Ord. No. 186,488, Eff. 12/27/19.)
4. The repair, renovation or rehabilitation of a building or structure that has been made to comply with Division 88 (Earthquake Hazard Reduction in Existing Buildings), Article 1, Chapter IX of the LAMC subsequent to a citation of noncompliance with Division 88, Article 1, Chapter IX of the LAMC.
5. The repair, renovation or rehabilitation of a building or structure for any handicapped facilities pursuant to this code.
6. All residential buildings or portion thereof. This exception does not include hotels.
91.107.4.6.5. Use of Arts Fees Acquired Pursuant to Section 91.107.4.6. Any arts fee collected by the Department of Building and Safety shall be deposited in the Arts Development Fee Trust Fund. Any fee paid into this fund may be used only for the purpose of providing cultural and artistic facilities, services and community amenities which will be available to the development project and its future employees. Any cultural and artistic facilities, services and community amenities provided shall comply with the principles and standards set forth in the Cultural Master Plan when adopted.
At or about the time of collection of any fee imposed by this section, the Cultural Affairs Department shall identify the use to which the arts fee is to be put, and if the use is financing public facilities, the facilities shall be identified.
“This ordinance is an interim measure while the City of Los Angeles is giving consideration to the enactment of an Arts Development Fee Ordinance. The owners of a development project shall be obligated to pay an Arts Development Fee if such fee is adopted in the future by the city. The fee will not exceed one percent (1%) of the total value of work and construction authorized by the building permit issued to a development project. This fee would be used to provide adequate cultural and artistic facilities, services and community amenities for the project.”
By enacting LAMC Subdivision 91.107.4.6 (previously Section 91.0304(b)(11)), the City has adopted the Arts Development Fee referred to by Ordinance 164,243. Accordingly, an arts fee shall be paid to the City of Los Angeles by owners of development projects which received building permits between and including January 15, 1989, and the effective date of this section. This arts fee described in this section shall be paid within 60 days of receipt of a request for payment of an arts fee. All exceptions listed in LAMC Paragraph 91.107.4.6.4 shall apply to owners of development projects subject to Ordinance 164,243. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The Office of Finance shall bill and collect the Arts Development Fee owed by those persons to whom notice was given pursuant to this paragraph for the period January 15, 1989, through May 7, 1991. The amount due shall be paid in full within 60 days of the billing date unless an agreement to pay in installments pursuant to this paragraph is approved by the Office of Finance. Persons indebted to the City of Los Angeles for Arts Development Fees may, upon approval by the Office of Finance, enter into an agreement with the City of Los Angeles to pay such fees in installments over a period not to exceed one year. The Office of Finance shall collect a service fee of $10.00 on each monthly installment to recover the cost to the city of processing installment payments. The Cultural Affairs Department is hereby authorized to negotiate and accept payment in kind for the Arts Development Fee owed by those persons to whom notice was given pursuant to this paragraph for the period January 15, 1989, through May 7, 1991. The Cultural Affairs Department shall provide notice to the Office of Finance of the name of the person on whose account such in kind payment was accepted, and whether the in kind payment constitutes payment in full or only a specified portion of the Arts Development Fee owed.
The Office of Finance is authorized to record payment in full, without further notification to the person billed, for cash or in kind Arts Development Fee payments received that are within $3.00 of the amount owed.
The Department of Building and Safety shall determine which exceptions apply to any project based on documentation submitted by the applicant prior to the issuance of the building permit per LAMC Section 19.18 B.2.
EXCEPTION: The notice required by this section shall not be affixed to building permits for the following projects or portion thereof:
1. Any project for which a building permit is issued with less than 40,000 square feet (3716 m2) of new floor area as determined by the Department of Building and Safety;
2. Any project located within the boundaries of an enterprise zone designated in LAMC Section 12.04;
3. Any project developed by nonprofit entities such as hospitals, schools, religious institutions, museums, day care providers and other similar organizations, where the construction is directly related to the nonprofit purpose of the organization as determined by the Los Angeles Housing Department. This exception shall not apply to nonprofit development of leasable commercial office space; (Amended by Ord. No. 187,122, Eff. 8/8/21.)
4. Any project or portion of a project for industrial, warehouse development or parking structures as defined by the Los Angeles Municipal Code and determined by the Department of Building and Safety;
5. Any project within a current neighborhood Community Redevelopment Agency project area as defined in LAMC Section 12.04 other than the Bunker Hill, Central Business District and Little Tokyo redevelopment areas;
6. Any development project where one or more of the following discretionary approvals, initiated by application of the property owner or their representatives, was granted by a government agency between January 1, 1986 and October 1, 1989 and remains valid: zone change, conditional use permit, variance, height district change, zone boundary adjustment, specific plan exception, project permit pursuant to a moratorium ordinance, development agreement, coastal development permit, commercial corner development, project permit pursuant to an interim control ordinance, parcel map, tract map or vesting tentative tract map.
In addition, prior to the issuance of any such building permit, the Department of Planning shall certify in writing that the necessary environmental clearances were completed and that the discretionary approval included a determination of one or more of the following: building location, height, density, use, parking and access of the proposed project;
7. Any project for which architectural and structural plans sufficient for a complete plan check for a building permit have been accepted by the Department of Building and Safety and for which plan check fees were collected on or before the effective date of this section and for which no subsequent changes are made to those plans which increase the height, floor area or occupancy load by more than 5 percent;
8. Any project for an existing building which will not result in the addition of over 40,000 square feet (3716 m2) of new space as determined by the Department of Building and Safety; and
9. Residential buildings which contain one or more dwelling units, efficiency dwelling units, apartment units or the residential portion of a building that has both residential and nonresidential uses. This exception shall not apply to hotels.
10. Any project located within the boundaries of the Central City West Specific Plan Area, as defined in Ordinance No. 163,094, if the developer or project owner agrees by covenant and agreement or development agreement to abide by the linkage fee and replacement housing obligations set forth in the Specific Plan for the Central City West Specific Plan Area.
11. The repair, renovation or rehabilitation of a building or structure of historical, archaeological or architectural consequence, if such building or structure has been officially designated, or has been determined by state or federal action to be eligible for designation, on the National Register of Historic Places, or has been included on the City of Los Angeles list of Historic Cultural Monuments.
The Department of Building and Safety shall determine which exceptions apply to any project based on documentation submitted by the applicant prior to the issuance of the building permit.
91.107.5. Additional Fees. (Added by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
91.107.5.1. Investigation Fees. (Added by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) In addition, the Department shall have the authority to collect investigation fees. For investigation fees of work done without a valid building permit, see Section 98.0402 of the Los Angeles Municipal Code.
91.107.5.2. Other Fees. (Added by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) The Department shall have the authority to collect a fee to cover any additional costs incurred by the Department in obtaining code compliance or issuing a permit for work that was done prior to obtaining the required permit. This fee shall be in addition to any other fees required by the Los Angeles Municipal Code. The Superintendent shall prepare a fee schedule for this purpose for adoption by ordinance. The fee schedule for inspections shall be those fees referenced in Section 98.0412 of the Los Angeles Municipal Code.
91.107.6. Refund of Fees. See Section 98.0420 of the Los Angeles Municipal Code for the procedure.
Certified security bar installers shall file Security Bar Certificates of Compliance in accordance with LAMC Subdivision 91.108.12.1. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.107.8. Processing Fees for Soils Engineering, Foundation Investigation, Geology and Seismology Report and for Review of Division of Land Requests.
91.107.8.1. Soils Engineering, Foundation Investigation, Geology and Seismology Report. (Amended by Ord. No. 185,587, Eff. 7/16/18.) A fee shall be charged for the processing of each soil, foundation investigation, geology, or seismology report and the amount of the fee shall be determined from Table 1-C of this division.
91.108.1. General. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.) All construction or work for which a permit is required shall be subject to inspection by authorized employees of the Department, and certain types of construction shall have continuous inspection by Registered Deputy Inspectors as specified in Section 91.1704 of this Code. Prior to the issuance of a Certificate of Occupancy as specified in Section 91.109, a final inspection shall be made by the Department of all construction or work for which a permit has been issued.
EXCEPTIONS:
A. A licensed contractor; or
B. The owner of the property who either did the work or used employees of the owner to do the work pursuant to California Business and Professions Code Section 7044.
2. When a permit is obtained for any work performed by certified licensed contractors complying with the requirements of Section 91.108.12.
91.108.2. Inspection Record Card. With each permit issued, the department shall furnish a card to the applicant showing the location and nature of the work to be done and the number of the permit.
The permit card shall be posted in a place designated by the Superintendent of Building.
91.108.3. Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Superintendent of Building that such work is ready for inspection. The Superintendent of Building 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 Superintendent of Building.
It shall be the duty of the person requesting any inspections required by this Code to provide access to and means for inspection of such work.
91.108.4. Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Superintendent of Building. The Superintendent, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this Code. Any portions which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Superintendent.
There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.
1. Foundations. When the excavation for footings is complete and footing forms and required reinforcing steel are in place, but before any concrete is placed.
2. Wood framing, ventilation equipment installation. When all roof, walls and floor framing, fire stopping and bracing are complete and all pipes, chimneys, vents and ductwork are in place, but before any of this work is covered.
3. Wall covering. When the backing and lath or drywall are in place ready for plaster, stucco or taping.
4. Reinforced concrete. When forms and reinforcing steel are in place ready for concrete.
5. Reinforced masonry. In grouted masonry when vertical reinforcing steel is in place and other reinforcing steel distributed and ready for placing, but before any units are laid up.
6. Structural steel. When structural steel members are in place and required connections are complete, but before concealing any members or connection.
7. Final. When the construction or work is completed and the structure ready for occupancy, but before being occupied.
The permittee or the permittee’s agent shall notify the department on the day prior to the day on which inspection is desired.
The department shall approve that portion of the work inspected or notify the responsible person if the work fails to comply with the law. Any portions which do not comply with the law shall be corrected and no portion shall be covered or concealed with additional work until approved.
When any of the above required inspections have been made and that portion of the work approved, the inspector shall so record on the permit card posted on the job.
91.108.6. Other Inspections. In addition to the called inspections specified above, the department may make any other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws which the department enforces.
91.108.6.1. Weather Exposed Balcony and Walking Surface Waterproofing. (Added by Ord. No. 186,488, Eff. 12/27/19.) Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.
91.108.7. Reinspections. Fees for additional inspections shall be assessed in accordance with Section 98.0412 of the Los Angeles Municipal Code.
91.108.8. Surveys. (Amended by Ord. No. 186,488, Eff. 12/27/19.) In the absence of any designation of the proper location of the lot or the building to be erected on the lot, for which building a permit has been issued or for which an application for a building permit has been filed, or as requested in a written notice from the Department, the Department may require the owner to have the lot surveyed and staked by a registered civil engineer, licensed prior to January 1, 1982, or a registered land surveyor, so that the proper location of the lot or the building on the lot may be determined or the location of the required features in the Department’s written notice may be determined.
1. Initial meeting/inspection. When the permittee is ready to begin work, but before any grading operation or brushing is started, a meeting shall be held at the project site with the contractor and the inspectors to discuss the approved plans, soil reports and the sequence of the grading operations.
2. Toe inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed.
3. Excavation inspection. After the excavation is started, but before the vertical depth of the excavation exceeds 10 feet.
4. Fill inspection. After the fill emplacement is started, but before the vertical height of the lifts exceeds 10 feet.
5. Drainage device inspection. After forms and pipe are in place, but before any concrete is placed.
6. Rough grading. When all rough grading has been completed. This inspection may be called for at the completion of the rough grading without the necessity of the Department having previously reviewed and approved the reports.
7. Final. When all work, including installation of all drainage structures and other protective devices, has been completed and the as-graded plan and required reports have been submitted.
The Department shall approve the work inspected or notify the permittee or owner wherein the work fails to comply with the law. Any portion of the work which does not comply with the law shall be corrected.
91.108.10. Revised Grading Plan. If the inspector finds that the soil or other conditions are not as stated in the application for a grading permit, the inspector may refuse to approve further work until a revised grading plan is obtained which conforms to the existing conditions.
91.108.11. Approved Fabricators. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The inspections provided for in this section shall not be required for construction or installation work done on the premises of a Type II fabricator to whom an approval has been issued pursuant to the provisions of Division C, Article 6, Chapter IX of the LAMC.
91.108.12.1. (Amended by Ord. No. 186,613, Eff. 6/24/20.) In lieu of the inspections made by employees of the Department, as specified in LAMC Section 91.108, a certified licensed contractor, employed by the owner, upon notification to the Department prior to the commencement of work, may install, inspect, and certify any of the following as being performed in compliance with the provisions of the LAMC for a detached single-family dwelling:
1. The replacement of defective water heaters with one of equivalent gallonage, Btu rating, and vent capacity when the vent does not require relocation or replacement.
2. The replacement of defective forced-air units with one of equivalent size, Btu rating, and vent capacity when the vent does not require relocation or replacement.
3. The replacement of defective air- conditioning units with one of equivalent size and Btu rating.
4. The replacement of plumbing fixtures and solar panels with equal kind and quality.
5. The replacement of defective domestic water piping within a dwelling with piping of equivalent size and quality when the installation does not exceed 50 feet in length.
6. The replacement of defective metallic water service piping with piping of equivalent size, quality, and conductivity.
7. The removal of existing roofing and the replacement of roofing materials that are in compliance with CBC Section 1510 and that do not require any alteration to the roof support system.
8. The replacement of defective smoke detectors.
9. The replacement of shower pans with the same size and capacity.
10. The installation or replacement of masonry and concrete fences not exceeding 6 feet in height.
11. The installation or replacement of seismic gas shut-off valves for low-pressure systems.
91.108.12.1.1. (Added by Ord. No. 186,613, Eff. 6/24/20.) In lieu of the inspections made by employees of the Department, as specified in LAMC Section 91.108, a certified licensed contractor, employed by the owner, upon notification to the Department prior to the commencement of work, may install, inspect, and certify any of the following as being performed in compliance with the provisions of the LAMC for multi-family dwelling units:
1. The replacement of lavatories, sinks, clothes washers, vacuum breakers, water closets, dishwashers, and garbage disposals with equal kind and quality.
2. The installation or replacement of seismic gas shut-off valves for low-pressure systems.
91.108.12.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The employment of a certified licensed contractor by the owner on any work shall not prohibit the Department from performing inspections of any work described in LAMC Subdivision 91.108.12.1. The Superintendent of Building may delegate the inspections required by LAMC Subsection 91.108.5 to a certified licensed contractor.
1. The certified licensed contractor has a valid Certificate of Registration obtained in accordance with LAMC Subsection 91.1704.1. (Amended by Ord. No. 186,488, Eff. 12/27/19.)
2. The certified licensed contractor has filed with the Department a Certificate of Compliance for each installation.
The Certificate of Compliance shall be on a form provided by the Department and shall be signed by the property owner and the certified licensed contractor. The Department may require that the certified licensed contractor affix a certification label obtained from the Department on certain types of installations to identify the work certified;
The Certificate of Compliance shall describe the work performed and state that the certified licensed contractor warrants, from personal knowledge, that the materials installed and the work performed are in compliance with approved manufacturer’s instructions, specifications and applicable requirements of the LAMC.
For the work described in Items 1, 2 and 3 of LAMC Subdivision 91.108.12.1, the phrase “personal knowledge” as used in the Certificate of Compliance means that the certified licensed contractor has actual personal knowledge of the facts certified to, or knowledge acquired from an employee of the certified licensed contractor, which employee provided continuous observation of the work or installation at the site in all stages of its progress.
For work set forth in Items 4, 5 and 6 of LAMC Subdivision 91.108.12.1, the phrase “personal knowledge” means the certified licensed contractor has actual personal knowledge or knowledge acquired from another certified licensed contractor or a qualified installer.
3. The Certificate of Compliance processing fee has been paid in accordance with Section 98.0417 of the Los Angeles Municipal Code.
4. The certified licensed contractor has filed the application for a Certificate of Compliance with the Department within 15 days after completion of the installation.
The certified licensed contractor has submitted a report to the Department describing the work the certified licensed contractor performed and declaring that the work complies with all applicable provisions of the Los Angeles Municipal Code. The report shall be made on forms supplied by the Department and shall be filed in the records of the Department.
91.108.12.3.1. (Deleted by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
91.108.12.3.2. (Deleted by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
91.108.12.3.3. (Deleted by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
91.108.12.3.4. (Deleted by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
91.108.12.4. The certified licensed contractor shall notify the Department of the certified licensed contractor’s commencement of work for which the certified licensed contractor has been engaged. This notification shall be made no later than the last business day preceding the commencement of work.
The certified licensed contractor shall inspect all materials to be used or concealed within such work.
While engaged in the work, the certified licensed contractor shall not undertake or engage in any other task or occupation which will interfere with the proper performance of the certified licensed contractor’s duties of inspection. The certified licensed contractor shall report all violations of this Code which have occurred relating to the construction work to the Superintendent of Building, and such other information relating to the installation work as requested by the Superintendent.
The Department may refuse to issue a Certificate of Compliance if it finds that the contractor has failed to comply with any of these requirements.
91.108.13. (Added by Ord. No. 171,455, Eff. 1/30/97.) Whenever the Department determines by inspection that construction or grading activities create excessive dust emissions where the dust remains visible in the atmosphere beyond the property line of the emission source or constitutes a nuisance or other hazard, the Department may order that such activity cease or be controlled through watering practices using reclaimed water if available, or by other means, to the satisfaction of the Department. The Department may order the owner of the property to employ a person, subject to Department approval, to monitor the watering practices.
91.109.1. Certificate Required. In order to safeguard life and limb, health, property and public welfare, every building or structure and every trailer park shall conform to the construction requirements for the subgroup occupancy to be housed therein, or for the use to which the building or structure or trailer park is to be put, as set forth in this article.
No building or structure or portion thereof and no trailer park or portion thereof shall be used or occupied until a Certificate of Occupancy has been issued thereof.
EXCEPTIONS:
1. Unless it is specifically required by other provisions of this article, no existing building or portion thereof shall require a Certificate of Occupancy, provided:
A. The occupancy housed therein is the same for which the original building permit was issued; and
B. The use of a building or portion thereof housing a Group A or E Occupancy and constructed prior to 1934 has not been discontinued for a period of more than six months.
2. No structure, the architecture of which inhibits occupancy, shall require a Certificate of Occupancy.
91.109.2. Change of Occupancy. (Amended by Ord. No. 185,587, Eff. 7/16/18.) See Division 82, Article 1, Chapter IX of the LAMC.
91.109.3. Issuance of Certificates. (Amended by Ord. No. 185,587, Eff. 7/16/18.) When required by LAMC Subsection 91.109.1, after the receipt and approval of the final inspection report from each of the divisions of the Department, and after the City Engineer has reported that all required public improvements have been completed, the Superintendent of Building shall issue a Certificate of Occupancy, without charge, to the owner of the building. Duplicates of the certificate may be secured upon the payment of the duplication fee required by ordinance.
When a Certificate of Occupancy is issued, it shall supersede every certificate previously issued for that portion of the building described thereon.
1. The building permit numbers.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building for which the certificate is issued.
5. For Groups A and E Occupancies, the maximum occupant load allowed.
6. A statement that the described portion of the building complies with the construction requirements of the Los Angeles Municipal Code for the group of occupancies in which the proposed occupancy is classified.
7. A statement that establishes relevant requirements of Chapter I of the LAMC. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
8. The signature of the Superintendent of Building or an authorize representative of the Superintendent.
91.109.5. Temporary Certificates. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Notwithstanding the provisions of LAMC Subsection 91.109.4, if the Superintendent of Building finds that no substantial hazard will result from the occupancy of any building, or portion thereof, before the same is completed, and satisfactory evidence is submitted that the work could not have been completed prior to the time such occupancy is desired because of its magnitude or because of unusual construction difficulties, and the City Engineer has reported that all required public improvements have been completed, the Superintendent of Building may issue a temporary Certificate of Occupancy for any building or portion thereof. The Superintendent of Building may issue a temporary Certificate of Occupancy notwithstanding the fact that all required public improvements have not been completed, if the Superintendent of Building finds that the failure to complete the public improvements was due to circumstances over which the person applying for the Certificate of Occupancy had no control.
In addition, the Superintendent of Building may issue a temporary Certificate of Occupancy for an existing building, or portion thereof, provided no substantial hazard will result and satisfactory evidence is submitted justifying the need for such temporary occupancy. The Department shall collect an issuance fee for each temporary Certificate of Occupancy. The amount of the fee shall be $453.00 plus an additional fee as shown in Table 1-B of this division.
A temporary Certificate of Occupancy shall be valid for a period not to exceed six months. The Department may issue additional temporary Certificates of Occupancy. After the expiration of a temporary Certificate of Occupancy, the Department shall require a Certificate of Occupancy in accordance with other provisions of this section. Duplicates of the certificate or temporary certificate may be secured upon the payment of the duplication fee required by ordinance.
91.109.6. Revocation. The Superintendent of Building shall have the authority, in writing, to suspend or revoke a Certificate of Occupancy or Temporary Certificate of Occupancy issued under the provisions of this Code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion of the building or structure is in violation of any ordinance or regulation or any of the provisions of this Code. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
91.109.7. (Amended by Ord. No. 186,488, Eff. 12/27/19.) Notwithstanding the provisions of LAMC Subsection 91.109.5, whenever public improvements are required in connection with the replacement or restoration of a building destroyed or damaged during the local emergency declared by the Mayor in April 1972, the completion of those public improvements may be deferred until June 1, 1995, and a temporary Certificate of Occupancy may issue for the new or restored building, or a portion thereof, prior to the completion of the public improvements. The temporary Certificate of Occupancy shall issue only if the Superintendent of Building finds that no substantial hazard will result from the occupancy of the building or portion thereof prior to the completion of the public improvements. LAMC Subsection 91.109.7 does not affect any requirement of a bond or other security to warrant the proper completion of the required public improvements.
91.109.8. Fire Department Notification. For each Group A and E Occupancy, a copy of the certificate shall be forwarded to the Los Angeles Fire Department.
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