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(Amended by Ord. No. 180,619, Eff. 5/12/09.)
An approval issued pursuant to this division shall constitute authorization for the persons named in the approval to perform work as Type I or Type II Fabricators at the locations designated in the approval and shall constitute authorization to utilize the work so produced without the inspections which, if the work were performed at the construction site of a building or structure in the City, would be required by LAMC Sections 91.108, 91.1704, 93.0304, Subsection 94.103.5 and Section 95.115; provided, however, that any Type I Fabricator who performs work described in LAMC Subdivision 91.1705.13.1 shall not be exempt from the inspection requirements of that subsection. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
No approval issued pursuant to the provisions of this division shall be construed as authority to violate any law or regulation applicable in the City of Los Angeles, nor shall any approval be construed as having any effect whatsoever upon the laws or regulations of the State of California applicable to contractors.
(a) Applications. Applications for initial approvals shall be made on forms provided by the Department, which forms shall include a statement that the applicant agrees to pay all inspection charges imposed pursuant to Subsection (i) of this section. No application will be accepted unless accompanied by the appropriate fee as hereinafter set forth, which fee is unrelated to the inspection charges imposed pursuant to Subsection (i) of this section. (Amended by Ord. No. 165,310, Eff. 12/31/89.)
(b) Fees. (Amended by Ord. No. 180,868, Eff. 10/22/09.) A fee of $1,207.00 shall accompany each application for approval and a renewal fee of $905.00 shall accompany each application for renewal. A fee of $679.00 shall be charged for the approval of each branch plant and shall be in addition to fees required for the main fabricator plant. A renewal fee of $264.00 shall be charged for the renewal of each branch plant in addition to the main fabricator plant. A fee of $679.00 shall accompany each application for a major modification (includes changes in a quality control system or key management personnel) and a fee of $226.00 shall accompany each application for a clerical modification.
A fee of $ 377.00 shall accompany each request for acceptance of a material fabricated by an unauthorized fabricator. This request will be accepted only once from any individual fabrication company. Inspection and travel charges shall be the same as those charged to an applicant seeking to become an authorized fabricator.
EXCEPTION: An unauthorized fabricator who has filed a complete and acceptable application and submittal requesting to become an authorized fabricator and has paid the application fee may submit additional requests provided:
1. A separate application is made for each request, and
2. A fee of $362.00 accompanies each request.
The fees for approval of new fabricators include four hours of Departmental processing time. The fees for major modifications of fabricators and for approval of a branch plant include four hours of Departmental processing time.
The fees for a material fabricated by an unauthorized fabricator include two hours of Departmental processing time. The fees for renewals and minor modifications include three hours and one and one-half hours, respectively, of Departmental processing time.
The applicant shall agree in writing as part of the application, to pay supplemental fees at the rate of $113.00 per hour to cover the time of processing that is in excess of the time provided for in the approval, renewal or modification fee specified in this section. Processing shall include those activities directly related to the approval of fabricators for which an application has been made and shall include all research, review, investigation, plant inspection, travel, correspondence, clerical and consultation time pertinent to the application. The Department may require an estimated supplemental fee to cover the cost of time and travel expense to be paid at the time of filing the application and/or before any travel to plants outside of the State of California. However, the applicant shall pay the supplemental fee in full prior to final action on the application by the Department.
The fees specified in this section, including supplemental fees, and application fees are not refundable once work has been performed by the Department, regardless of whether the action taken is approval or denial.
EXCEPTION: Supplemental fees paid in advance, which are in excess of the total actual fees, may be refundable.
(c) Duration of Approval. Any approval issued pursuant to the provisions of this division shall remain valid for a period of one year from the date of issuance thereof unless revoked by the Department pursuant to the provisions of this division.
(d) Investigation of Application. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The Superintendent of Building shall investigate every application submitted pursuant to Subsection (a) of this section to determine whether the applicant possesses qualifications sufficient to justify the issuance of the requested approval. In making this determination the Superintendent of Building may consider the experience, education and training of the applicant and the applicant’s employees; the quality control standards maintained by the applicant; the equipment and facilities of the applicant; and the physical plant which will be designated in the requested approval if the same is issued. The Superintendent of Building may also consider any other factors pertaining to the manufacturing processes of the applicant as the Superintendent may, in the reasonable exercise of the Superintendent’s discretion, deem to be relevant.
(e) Action Upon Applications. (Amended by Ord. No. 165,310, Eff. 12/31/89.) If it is determined that an applicant possesses qualifications sufficient to justify the issuance of the requested approval, the Department shall issue the same to the applicant. If a contrary determination is made, the application shall be denied and the Department shall notify the applicant of that action. Such notification shall be in writing and shall specify the reasons for the denial. Initial applications will expire 12 months after the filing date if the request for approval of a fabricator has not been cleared of corrections and approved. No approval shall be issued until the application is refiled and a new fee paid.
EXCEPTION: The Department or the Board may grant extensions of time if an applicant submits in writing sufficient evidence that unusual conditions or circumstances precluded the approval within the allocated time.
(f) Conditional Approvals. The Department may impose reasonable conditions precedent upon the issuance of approvals and may include in any approval special conditions deemed necessary to insure that the work to be performed under such approval will comply with the provisions of Chapter IX of the Los Angeles Municipal Code. Such special conditions may include, but are not limited to, special quality control procedures and requirements for specific identification of particular materials. Any special conditions included in an approval shall impose mandatory duties on the fabricator to comply therewith.
(g) Rules and Regulations. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The Superintendent of Building shall establish such rules and regulations as the Superintendent may deem appropriate relative to the following:
1. The implementation of the investigatory duties imposed upon the Superintendent by Subsection (d) of this section;
2. The maintenance of standards applicable to the facilities, equipment, employees and physical plants of approved fabricators;
3. Such other matters as are within the scope of this division.
(h) Inspections. (Amended by Ord. No. 185,587, Eff. 7/16/18)
1. The Superintendent of Building shall cause to be made such inspections of a fabricator's facilities, equipment, procedures, materials and construction sites upon delivery of fabricated products as, in the reasonable exercise of discretion, shall be deemed necessary to carry out the purpose of this division.
Initial Inspections. Inspections conducted prior to the issuance of an approval for which an application has been made.
Annual Inspections. In-plant inspection at least once a year.
Periodic Monitoring Inspections. Unannounced in-plant inspections of the premises of a fabricator to whom an approval has been issued.
Job Inspections. On-site or in-plant inspection of fabricated material to be used at construction sites within the City.
Requested Inspections. Inspections conducted at the specific written request of a fabricator at a prearranged time and inspections conducted of fabricated material of an unlicensed fabricator.
2. All in-plant inspections of fabrication facilities will be performed by Department personnel, except that an initial inspection conducted prior to the issuance of a Type I approval applicable to facilities situated more than 60 miles from the Los Angeles City Hall may, at the election of the applicant, be performed by an approved testing agency. Such inspection by an approved testing agency, however, will not preclude such further investigation relative to the application as the Superintendent of Building, pursuant to Subdivision (d) hereof, may deem necessary.
(i) Inspection Charges. (Amended by Ord. No. 180,868, Eff. 10/22/09.)
1. Whenever an inspection is conducted by Department personnel at facilities located more than 60 air miles from the Los Angeles City Hall, whether such inspection be conducted pursuant to Subsection (d) or Subsection (h) of this section, or both, the fabricator shall reimburse the City of Los Angeles for the cost thereof in accordance with the following:
A. Automobile Travel. Mileage at the City rate per mile for all miles driven, both ways, between a point 60 miles from Los Angeles City Hall to the facilities where the inspection is to be conducted, plus $98.00 per hour for all inspection and travel time for each inspector required.
B. Air Travel. The coach-class fare of a regularly scheduled airline from and to Los Angeles International Airport and the airport closest in proximity to the facilities to be inspected; the cost of motor vehicle transportation to and from such airport and such facilities; inspection and travel time at the rate of $98.00 per hour for each inspector required.
C. Per Diem. Per diem at the rate of $52.00 per day for inspections requiring more than eight hours of combined travel and inspection time. The cost of lodging and meals required during the combined travel and inspection time.
2. Whenever periodic monitoring inspections, requested inspections, or job inspections are conducted by Department personnel at facilities or sites 60 air miles or less from the Los Angeles City Hall, the fabricator shall pay the City of Los Angeles a fee of $98.00 per inspection, per inspector, plus $98.00 per hour for all inspection and travel time in excess of one hour.
3. The Department may require an estimated travel expense fee to be paid prior to inspection.
The initial application for approval, and the renewal application, shall include a statement that the applicant agrees to pay all inspection charges imposed pursuant to this subsection.
(j) Notification. Prior to fabrication of products to used within the City, the licensed fabricator shall notify the Department of all fabrication schedules and delivery dates. (Added by Ord. No. 165,310, Eff. 12/31/89.)
(k) Identification. All fabricated products to be used within the City shall be identified in a manner acceptable to the Department. (Added by Ord. No. 165,310, Eff. 12/31/89.)
(a) Ground. An approval issued pursuant to the provisions of this division may be suspended or revoked upon the following grounds:
1. The performance of work for which the approval was issued which fails to comply with the applicable provisions of Chapter IX of the Los Angeles Municipal Code.
2. Failure of the fabricator to satisfy any condition of the approval, or to comply with applicable rules and regulations established pursuant to Subsection (g) of Section 96.204 of this Code. (Amended by Ord. No. 143,447, Eff. 7/16/72.)
3. Any of the reasons specified in Section 98.0202 of the Los Angeles Municipal Code.
In addition to the foregoing, any approval may be temporarily suspended for failure to reimburse the City of Los Angeles for inspection costs as required by Subsection (i) of Section 96.204 of this division.
(Division D Added to Ch. 9, Art. 6 by Ord. No. 144,942, Eff. 8/24/73.)
(Title Amended by Ord. No. 151,841, Eff. 2/17/79.)
Section
96.300 Intent.
96.301 Definitions.
96.302 Reports Required.
96.303 Application.
96.304 Contents of Reports.
96.305 Fee for Reports.
96.306 Effective Period of Report.
96.307 Delivery of the Report.
96.308 Exceptions.
96.309 Non-compliance Not to Invalidate Sale or Exchange: Exception.
96.309.1 Information Furnished as Ground for Rescission.
96.310 Effective Date.
(Amended by Ord. No. 174,478, Eff. 4/27/02.)
Pursuant to Article 6.5 (commencing with Section 38780) of Chapter 10, Part 2, Division 3, Title 4, of the California Government Code, it is the intent of the Council of this City to assure that the purchasers of residential property within the City are furnished with reports of matters of City record pertaining to the authorized use, occupancy and zoning classification of residential property prior to sale or exchange. It is further the intent of the City Council to assure that purchasers of residential property within the City are furnished with reports of certain pending special assessment liens listed below; information regarding the installation of metal bars, grilles, grates, security roll-down shutters, and similar devices over emergency escape windows in sleeping rooms; smoke detectors; impact hazard glazing; water conservation devices; seismic gas shutoff valves; certificates of occupancy and sewer permits.
For the purposes of this division:
(a) “Owner” shall mean any person, partnership, association, company, corporation or fiduciary in whom or which is vested legal title to residential property as defined herein, or who or which possesses the power to convey legal title to such residential property.
(b) “Residential property” shall mean:
(1) Any real property improved with one or more buildings or structures which in whole or in part are used for or are legally permitted to be used for dwelling units or guest room purposes.
(2) Any vacant real property located in a zone wherein dwelling or guest room uses are legally permitted.
(c) “Agreement of sale” shall mean any agreement, reduced to writing, which provides that legal title of any real property shall thereafter be conveyed from one owner to another.
(d) “Brush abatement” shall mean those proceedings initiated by the City under the authority of Title 4, Division 3, Part 2, Chapter 13, of the Government Code of the State of California, where the Fire Department has determined that a fire hazard exists by reason of the presence upon real property of brush which the City Council may order removed under the authority of the above-mentioned chapter of the Government Code.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
Prior to entering into an agreement of sale or contracting for an exchange of any residential property, or, where an escrow agreement has been executed in connection therewith, prior to close of escrow, the owner or the owner’s agent shall obtain from the Department a report of the Superintendent of Building and a report of the City Engineer; said reports, containing the information specified in LAMC Section 96.304.
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