Beverly Hills Municipal Code Art. 1 Administrative Code for Building Standards

A. This chapter, which includes articles 1 through 16, shall be known as the TECHNICAL CODES, may be cited as such, and will be referred to herein as "Beverly Hills administrative code" or "the building code" or "these regulations" or "these building standards", the "code", or "this code". (Ord. 16-O-2719, eff. 1-20-2017)

A. Scope: This article shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building and property health and safety regulations within this title which regulate property maintenance and site preparation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures. This article shall be referred to as the "Beverly Hills administrative code" or the "administrative code".

When conflicting provisions or requirements occur within this article or other codes or laws, provisions of chapter 1 of Title 9, Article 1 shall govern.

Except as hereinafter changed or modified, the building standards, which are published in the California building standards code, are applicable to all occupancies and uses throughout the city. Amendments to the building standards contained in the codes published by the model code organizations (ICC, IAPMO, and NFPA) by state agencies, are applicable only to those occupancies or uses which the state agency making the amendment is authorized to regulate.

B. Intent: The purpose of this code adopted hereby is to provide minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

Certain changes and modifications have been made in the adoption of this code because of the requirements of specific local conditions. Consistent with this purpose, the provisions of this code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This code shall not be construed to hold the city or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this code. By adopting the provisions of this code, the city does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019)

A. Conflicts: Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. When conflicting provisions or requirements occur within this code or between this code and other codes or laws, the most restrictive provisions shall govern. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

B. Other Laws: The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.

C. Referenced Codes And Standards: The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

D. Partial Invalidity: In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts and provisions.

E. Existing Structures, Systems And Equipment: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public and provided continued use is not dangerous to life, health and safety.

Additions, alterations, repairs and changes of use or occupancy in all buildings, structures, and portions of building and structures, shall comply with the provisions for new buildings and structures except as otherwise provided for in this code. Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe.

Equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if their use, maintenance, or repair is in accordance with the original design and a hazard to life, health or property has not been created.

Buildings, structures, and equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the technical code under which installed. The owner, owner's agent, and occupant shall be responsible for the maintenance of buildings, structures, and their building service equipment. To determine compliance with this section, the building official may cause a structure to be reinspected.

A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code and the existing building code.

It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the city, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019)

A. Authority:

1. Building And Safety Division: There is hereby established in the city of Beverly Hills a Building And Safety Division ("Division") which shall be under the administrative and operational control of the building official.

2. General: The building official is hereby authorized and directed to enforce all the provisions of this code and to make all inspections pursuant to the provisions of each such code adopted and amended. For such purposes, the building official shall have the powers of a law enforcement officer.

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

The building official shall classify every building or portion thereof into one of the occupancies set forth in this code according to its use or the character of its occupancy. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 25-O-2926, eff. 1-1-2026; Ord. 25-O-2929, 12-9-2025)

A. Authority:

1. Creation Of Enforcement Agency: There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official.

2. Building Official: Whenever the term or title "administrative authority", "responsible official", "building official", "chief inspector", "code enforcement officer", "authority having jurisdiction" or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the building official designated by the appointing authority of this jurisdiction.

3. Fire Official: Whenever the term or title "building official" or other similar designation is used herein, it shall be construed to mean the fire official as applicable in enforcing the administrative code as it pertains to the California fire code and California wildland-urban interface code."

B. General: The building official is hereby authorized and directed to enforce all of the provisions of this code and to make all inspections pursuant to such enforcement. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations, policies, and procedures in order to clarify the application of its provisions. Such interpretations, rules, and supplemental regulations, policies, and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. The building official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this code. The building official shall classify every building, or portion thereof, into one of the occupancies set forth in this code according to its use or the character of its occupancy. The building official shall also classify every building into one of the types of construction as set forth in this code.

C. Deputies: The building official may appoint such number of technical officers, inspectors, plans examiners, assistants, and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the building official. The building official may deputize such employees as may be necessary to carry out the functions of the building department.

D. Applications And Permits: The building official shall receive applications, review construction documents and issue permits for the erection, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

E. Notices And Orders: The building official shall issue all necessary notices or orders to ensure compliance with this code.

F. Inspections: The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

G. Identification: The building official or designee, shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

H. Right Of Entry: Where it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this code or other applicable law, or where the building official or an authorized representative has reasonable cause to believe that there exists, or may exist, in a structure or upon a premises a condition which is contrary to or in violation of this code or other similar law, which makes the structure or premises noncompliant, unsafe, dangerous or hazardous, the building official or an authorized representative is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code or other applicable law, provided that if such structure or premises be occupied, that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.

I. Records: The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records in accordance with state laws and the city's guidelines for the retention of public records.

J. Liability: The liability and indemnification of the building official and any subordinates are governed by the provisions of division 3.6 of title 1 of the Government Code.

K. Modifications: Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's authorized agent and payment of a fee, provided that the building official shall first find that a special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of any action granting modifications shall be recorded and entered in the files. The request for modification shall be submitted using the department's official request form accompanied by a review fee as established by city council resolution.

L. Alternative Materials, Equipment, Design And Methods Of Construction: The provisions of this code are not intended to prevent the installation of any material, appliance or device, or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The building official shall have the authority to approve, upon application of the owner or the owner's authorized agent and payment of a fee, any such alternative, where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

The request for use of alternate materials, methods and design shall be submitted using the department's official request form and accompanied by a review fee as established by city council resolution.

M. Tests: Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that any material or any construction does not conform to the requirements of this code, or in order to substantiate claims for alternate materials or methods of construction, the building official may require tests as proof of compliance to be made at the expense of the owner or the owner's agent by an approved agency. The building official may require tests and reports when cause exists to conclude that an electrical, gas or plumbing system, or a portion thereof, may be defective or not working property, which tests and reports shall be at the expense of the owner or the owner's agent. As used herein, "system" means and includes, without limitation, all equipment, devices, fixtures and installations. Failure of an owner to undertake a required test and to provide a report that is satisfactory to the building official constitutes a violation of this code.

Test methods shall be as specified by this code for the material in question. If there are no appropriate test methods specified in this code, the building official shall determine the test procedure.

Reports of such tests shall be retained by the building official in accordance with the city's guidelines for the retention of public records.

The results of the tests shall be submitted to the city accompanied by a review fee as established by city council resolution.

N. Emergency Powers:

1. Where the building official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the building official or his/her designee may exercise any or all of the following powers in accordance with article 8 of this c hapter or the housing code.

a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals.

b. Post the premises as unsafe, substandard or dangerous, and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter is rescinded in writing.

c. Board, fence or secure the building, or structure, or the premises.

d. Raze and grade any portion of the building, structure, or site that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare.

e. Make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard.

f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative.

g. Take any other action as appropriate under the circumstances.

2. The building official or his designee shall comply with the following provisions when exercising emergency powers:

a. In determining the existence of an imminent life safety hazard, the building official or his/her designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.

b. The building official or his/her designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists. If the building official or his designee determines that, under the circumstances, notice cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice.

c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare be determined by the building official or his designee.

3. The building official or his designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.

O. Appeal From The Exercise Of Emergency Powers: An owner or occupant of premises may appeal the building official's exercise of emergency powers in accordance with the procedures set forth in article 8 of this chapter for building or structures governed thereby, or in accordance with the procedures set forth in article 9 of this chapter for buildings, structures or premises governed thereby. A timely appeal shall not stay the effectiveness of an issued order to vacate and/or an order to not enter.

P. Violation: It shall be unlawful and a violation of this article for any person to fail to comply with an order to vacate and/or an order to not enter. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019; Ord. 25-O-2926, eff. 1-1-2026; Ord. 25-O-2929, 12-9-2025)

A. General: For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this section.

Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. "Webster's Third New International Dictionary Of The English Language, Unabridged", copyright 1986, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

ADDITION: An extension or increase in floor area or height of a building or structure.

ALTER OR ALTERATION: A change or modification in construction or building service equipment.

APPROVED: As to materials, types of construction, equipment and systems, refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

APPROVED AGENCY: An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the building official.

BUILDING: A structure used or intended for supporting or sheltering a use or occupancy.

BUILDING CODE: The California building code published by the California Building Standards Commission, as adopted and amended by this jurisdiction.

BUILDING, EXISTING: A building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of this code, or a regularly authorized deputy. Used herein, the term director of building and safety, or his or her designee, shall be construed to mean the building official.

BUILDING SERVICE EQUIPMENT: Refers to plumbing, mechanical, electrical and elevator equipment, devices and installations including, but not limited to, piping, wiring, and fixtures which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting and transportation facilities essential to the occupancy of the building or structure for its designated use. This term shall include "system service equipment".

DANGEROUS BUILDINGS CODE: The Beverly Hills code for the abatement of dangerous buildings identified in article 8 of this chapter as adopted by this jurisdiction.

ELECTRICAL CODE: The California electrical code published by the California building standards commission, as adopted and amended by this jurisdiction and may be cited as the electrical code of the city of Beverly Hills.

ENERGY CODE: The California energy code published by the California Building Standards Commission, as adopted and amended by this jurisdiction and may be cited as the energy code of the city of Beverly Hills.

EXISTING BUILDING CODE: The California existing building code published by the California Building Standards Commission, as adopted and amended by this jurisdiction and may be cited as the existing building code of the city of Beverly Hills.

FIRE CODE: The California fire code published by the California Building Standards Commission, as adopted and amended by this jurisdiction and may be cited as the fire code of the city of Beverly Hills.

FIRE OFFICIAL: The officer of other designated authority charged with the administration and enforcement of the fire code, or a regularly authorized deputy. Used herein, the term fire chief, or his or her designee, shall be construed to mean the fire official. Whenever the term or title "fire official" or other similar designation is used herein, it shall be construed to mean the fire official designated by the appointing authority of this jurisdiction, as applicable in enforcing the administrative code as it pertains to the California fire code. Whenever the term or title "building official" or other similar designation is used herein, it shall be construed to mean the fire official as applicable in enforcing the administrative code as it pertains to the California fire code.

GREEN BUILDING CODE: The California green building standards code and may be cited as CALGreen code published by the California building standards commission, as adopted and amended by the jurisdiction and may be cited as the green building code as adopted by this jurisdiction.

HISTORICAL BUILDING CODE: The California historical building code published by the California Building Standards Commission, as adopted and amended by this jurisdiction and may be cited as the historical building code of the city of Beverly Hills.

HOUSING CODE: The Beverly Hills housing code identified in article 9 of this chapter.

JURISDICTION: As used in this code, is the city of Beverly Hills.

LISTED AND LISTING: Terms referring to equipment and materials included in a list published by an approved testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of current productions of listed equipment or materials. The published list shall state that the material or equipment complies with approved nationally recognized codes, standards or tests and has been tested or evaluated and found suitable for use in a specified manner.

MECHANICAL CODE: The California mechanical code published by the California building standards commission, as adopted and amended by this jurisdiction and may be cited as the mechanical code of the city of Beverly Hills.

OCCUPANCY: The purpose for which a building, or part thereof, is used or intended to be used.

OWNER: Any person, agent, firm or corporation having a legal interest in the property.

PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity.

PERSON: A natural person, heirs, executors, fiduciaries, administrators or assigns, trustees, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. "Person" also includes officers, members, managers, partners and principals of entities (including, but not limited to, corporations, limited liability companies, limited partnerships, partnerships and joint ventures) that have an interest in real property.

PLUMBING CODE: The California plumbing code published by the California building standards commission, as adopted and amended by this jurisdiction and may be cited as the plumbing code of the city of Beverly Hills.

PROPERTY MAINTENANCE CODE: The international property maintenance code promulgated by the International Code Council, as adopted and amended by this jurisdiction and may be cited as the property maintenance code of the city of Beverly Hills.

REPAIR: The reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.

RESIDENTIAL CODE: The California residential code published by the California Building Standards Commission, as adopted and amended by this jurisdiction. California residential code published by the California Building Standards

RESPONSIBLE PERSON: Includes all persons, whether as owners, lessees, occupants or others, who allow, cause, create, maintain, suffer, or permit a violation of the Beverly Hills municipal code to exist or continue, by any act or the omission of any act or duty.

SHALL: As used in this code, is mandatory.

STRUCTURAL OBSERVATION: The visual observation of the structural system, for general conformance to the approved plans and specifications, at significant construction stages and at completion of the structural system. Structural observation does not include or waive the responsibility for the inspections required by the fire code.

STRUCTURE: That which is built or constructed, or an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some manner.

SUCCESSFUL INSPECTION: An inspection performed by the building official or designee resulting in final approval, approval, partial approval, correction notice or other progressive inspection validating completion of project or portion thereof. Miscellaneous inspections, construction site maintenance conditions, unpermitted work, and other non-construction inspections are not successful inspections.

TECHNICAL CODES: Refer to those codes adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of property, buildings, structures, and building service equipment as herein defined.

VALUATION OR VALUE: As applied to improvements a building and its building service equipment, shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. Valuation or value, as applied to building permit fees, shall mean the estimated fair market value of the cost of all construction work for which the permit is issued as determined by the building official. To determine the valuation, the building official may use the most current building valuation table published by the International Code Council, the mean of three (3) responsible bids from properly licensed contractors or any other commonly accepted method to estimate construction costs. Soft cost including design services shall not be incorporated unless a design build project approach is used. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019)

A. Required: Except as specified in this code, no building, structure or building service equipment regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, installed, improved, removed, converted or demolished unless a separate, appropriate application has been made and permit for each building, structure or building service equipment has first been obtained from the building official. No grading shall occur without the prior procurement of a grading permit or as authorized by the building official.

1. Sandblasting: No person shall engage in any sandblasting on the inside or outside of any building or structure within the city without first making application, paying fees, and obtaining a permit from the building official. The sandblasting operation shall at all times be protected and separated from any adjoining property by canvas or other suitable barriers sufficient to prevent splashing or blowing of water or sand, or both. Failure to comply with any provision of this code shall be cause for the immediate revocation of any permit and the immediate stoppage of the sandblasting on any job.

B. Work Exempt From Permit: A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the building standards codes, zoning code, or any other laws or ordinances of this jurisdiction.

1. Building Permits: A building permit shall not be required for the following:

a. One story (not exceeding 7 feet in height) detached accessory buildings or structures used as tool or storage sheds, playhouses or similar uses, provided the aggregate total projected roof area for all such buildings or structures does not exceed one hundred twenty (120) square feet and the maximum roof projection does not exceed twenty four inches (24"). This exception is not applicable to Trousdale and the Hillside Areas.

b. Retaining walls which are not over four feet (4') in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, and walls that do not require a permit and do not violate provisions under title 10 of the Beverly Hills municipal code.

c. Platforms, walks and driveways not more than thirty inches (30") above adjacent grade and not over any basement or story below, or part of an accessible route, or within any front setback or on top of slopes as defined in title 10 of the Beverly Hills municipal code.

d. Painting, papering and similar finish work.

e. Temporary motion picture, television, and theater stage sets and scenery, except when used as a building.

f. Window awnings projecting not more than fifty four inches (54") and supported by an exterior wall in group R, division 3 and group U occupancies.

g. Prefabricated swimming pools accessory to a group R, division 3 occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed two thousand five hundred (2,500) gallons, provided the requirements of this code are met.

h. Antennas that are less than fifteen feet (15') in height, as measured from the base of the antennas, if such antennas are capable of receiving only VHF, UHF, and FM radio signals.

i. Movable cases, counters and partitions not over five feet nine inches (5'9") in height.

Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for actions and installations that are regulated by this code.

2. Electrical Permits: An electrical permit shall not be required for exempted activities in accordance with California electrical code article 89.

3. Mechanical Permits: A mechanical permit shall not be required for the following:

a. A portable heating appliance.

b. Portable ventilating equipment.

c. A portable cooling unit.

d. A portable evaporative cooler.

e. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code.

f. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes.

g. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes.

h. A unit refrigerating system as defined in the mechanical code.

4. Plumbing Permits: A plumbing permit shall not be required for the following:

a. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code.

b. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

C. Emergency Repairs: Where equipment replacement and repairs must be performed in an emergency situation, a complete permit application shall be submitted within the next working business day to the building official.

D. Minor Repairs: Application or notice to the building official is not required for minor repairs, such as to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal, obstruction or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

E. Public Service Agencies: A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

F. Moved Buildings Or Structures: It shall be unlawful for any person to move, or cause the removal of, a building or structure into, onto, within the city, or out of the city without first obtaining a permit from the building official. The permit fee shall be established by city council resolution. In addition to the applicable requirements specified for demolition of buildings, the permittee shall comply with the following:

1. The necessary permits for moving the building or structure across public property shall be obtained in accordance with title 4, chapter 3, article 7 of the Beverly Hills municipal code regulating the moving of buildings on or across public streets.

2. Before a permit is issued, the applicant may be required to post a performance bond in accordance with the provisions of title 3, chapter 4 of the Beverly Hills municipal code as security. The amount of the bond shall be in an amount, as determined by the building official, which is sufficient to complete any related or concurrent demolition work, restore the site, or to complete relocation of the building or structure.

3. Compliance with the requirements of this article shall not relieve anyone from any other applicable requirements of the Beverly Hills municipal code, including, but not limited to, the provisions of title 4, chapter 3, article 7 regulating the moving of buildings on or across public streets.

4. The property owner or the owner's representative shall post at the property entrance a notice of intent to move a building or structure that is readily visible and either less than forty five (45) years old; or, forty five (45) years or older and the designer is not included on the city's list of master architects, at least ten (10) days prior to issuance of permit whenever the director of community development determines in writing that the grading, demolition, or construction work will have a significant impact on the surrounding properties.

5. If a building or structure is more than forty five (45) years old and the designer is included on the city's list of master architects, the property owner or the owner's representative shall post at the entrance to the property a notice of intent to move at least thirty (30) days prior to issuance of a permit. This requirement can be waived by the director of community development if the director determines that the subject property is not an eligible property. The building or structure relocation activities authorized by a permit issued for a project subject to the thirty (30) day hold period required by this code shall be commenced within one hundred eighty (180) days of permit issuance, and thereafter shall be diligently pursued to completion, otherwise the permit shall be null and void, and of no further effect whatsoever. Any subsequent application for a structure or building relocation permit for the same property shall be subject to a new thirty (30) day hold period pursuant to this paragraph.

The community development department shall furnish the sign for notice of intent to move a building, structure or object. Failure to comply with the requirements of this section shall be cause for the city to engage the necessary services or facilities to accomplish the intent of this section, and the city shall charge the owner of the lot or parcel of land for all costs so incurred by the city.

G. Demolition Of Buildings And Structures: It shall be unlawful for any person to demolish any building or structure, or portion thereof, within the city without first obtaining a permit from the building official. The amount of the fee for the permit shall be established by city council resolution.

The permittee shall comply with the following requirements before a permit to perform demolition may be issued under this section:

1. A construction fence shall be installed to screen the site from view on public property, if required by the building official. The composition, location and effectiveness of the proposed fence for screening purposes shall meet the approval of building official, which shall be confirmed in writing.

2. Water service shall be maintained on the site for the duration of the demolition project and for any subsequent development or improvements on the subject property.

3. When required by other provisions of this code, indemnification bonds and insurance shall be posted with the city.

4. All utility companies shall be notified in writing by the owner of the property of the intention to demolish the building or structure.

5. A permit shall be obtained to remove and fill any basement, pool, sump, or other depression in the surface of the lot or parcel of land.

6. A permit shall be obtained to cap the sewer and any drains connecting to the building or structure. The sewer and drains shall be capped at the property line unless otherwise approved by the building official in writing. The sewer caps shall be inspected and approved by the building official.

7. The building shall be inspected by qualified individuals for the presence of asbestos. If the building is found to contain asbestos, the building owner or his representative shall submit a letter to the building official so stating. If the building is found to contain asbestos, then an asbestos abatement permit shall be obtained from the department upon submittal by the applicant of all necessary documentation as required by rule 1403 of the South Coast air quality management district. Demolition permits shall not be issued prior to submittal of an asbestos abatement completion certificate by qualified contractors.

8. The building shall be inspected for rats and rodent infestation and a report from qualified individuals that are acceptable to the building official shall be submitted attesting that the building is free of any rats or rodents prior to issuance of the demolition permit. If the building is found to be infested, then proper eradication measures by qualified individuals shall be implemented and a report attesting to the eradication of the rodent infestation shall be submitted prior to issuance of the demolition permit.

9. If the building or structure proposed for demolition is forty five (45) years or older and the designer is included on the city's list of master architects, the property owner or the owner's representative shall post at the construction site a notice of intent to demolish at least thirty (30) days prior to issuance of permit. This requirement can be waived by the director of community development if the property has been specifically surveyed for its potential and has been determined to not be eligible for listing on a register of historic resources, or has been subject to a thirty (30) day hold period pursuant to section 10-3-3218 of the Beverly Hills municipal code for the same project. Any subsequent application for a demolition permit for the same property shall be subject to a new thirty (30) day hold period pursuant to this section.

10. If a building or structure proposed for demolition is either less than forty five (45) years old, or forty five (45) years or older and the designer is not included on the city's list of master architects, the property owner or the owner's representative shall post at the construction site a notice of intent to demolish at least ten (10) days prior to issuance of a permit whenever the director of community development determines that the demolition work will have a significant impact on the surrounding properties. Any subsequent application for a demolition permit for the same property shall be subject to a new thirty (30) day hold period pursuant to this section.

The community development department shall furnish the sign for notice of intent to demolish. Failure to comply with the requirements of this section shall be cause for the city to engage the necessary services or facilities to accomplish the intent of this section, and the city shall charge the owner of the lot or parcel of land for all costs so incurred by the city.

Before a demolition permit shall receive final inspection approval and before the pertinent bonds are released, the following requirements shall be met:

a. All concrete, weeds, debris, stones, or other loose material shall be removed from the lot or parcel of land.

b. All basements, pools, tanks, sumps, or other subterranean structures shall be removed and backfilled and the lot properly graded.

c. The fence, when required by the building official, is installed and inspected.

H. Completion Of Demolition: The demolition activities authorized by a demolition permit issued for a project required by this section shall be commenced within one hundred eighty (180) days of permit issuance, and thereafter shall be diligently pursued to completion, otherwise the demolition permit shall be null and void, and of no further effect whatsoever.

I. Performance Bond: When a building is to be demolished, the permittee may be required to post a bond in compliance with the provisions of title 3, chapter 4 of the Beverly Hills municipal code as security for restoration of the site, or completion of the demolition. The amount of the bond shall be in an amount, as determined by the building official, which is sufficient to complete the demolition, or restore the site.

J. Temporary Structures And Uses: Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the building official for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire resistive time periods as required by the building code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. It is unlawful to maintain a temporary structure without a special permit or after a special permit has expired.

K. Historic Buildings: Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made without conforming to the requirements of the technical codes when first authorized in writing by the building official, provided:

1. The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance.

2. Unsafe conditions as determined pursuant to this code have first been fully abated with all required permits and inspection approvals from the development services division.

3. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation considerations than the existing building prior to its restoration.

L. Application For Permit: To obtain a permit, the applicant shall first file an application on a form furnished by the city for that purpose.

1. Application Requirements: Every such application shall:

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

b. 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.

c. Indicate the use or occupancy for which the proposed work is intended.

d. Be accompanied by plans, diagrams, computations, and specifications, and other data as required by section 9-1-108, "Submittal Documents", of this chapter.

e. State the valuation of all proposed work.

f. Be signed by the applicant, or the applicant's authorized agent who may be required to submit evidence to indicate such authority.

g. Give such other data and information, as well as reports, as may be required by the building official.

2. Action On Application: The building official shall examine or cause to be examined the applications for permits, construction documents, plans, specifications, computations and other data filed by an applicant for a permit. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their purview. If the building official finds that the work described in an application for a permit, and the construction documents, plans, specifications and other data filed therewith, conform to the requirements of this code, and all other pertinent laws and ordinances, and that the fees specified by resolution of the city council have been paid, the building official shall issue a permit therefor to the applicant.

3. Expiration Of Application: An application for a permit for any proposed work for which no permit is issued within five hundred forty-five (545) calendar days (18 months) following the date of application shall expire by limitation, and construction documents, plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. Any expired application shall require a new application and applicable fees as determined by the building official shall be paid.

M. Validity Of Permit: The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city are null and void.

The issuance of a permit based on construction documents, plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said construction documents, plans, specifications and other data, or from preventing building operations being carried on in violation of these codes or of any other ordinances of the city.

N. Expiration Of Permit: Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one year (three hundred sixty five (365) calendar days) from the issuance date of such permit. If work authorized by such permit is commenced within three hundred sixty five (365) calendar days from the issuance date, such permit shall expire by limitation and become null and void one hundred eighty (180) calendar days after the date of the last successful inspection.

Permit Extension: A written request for permit extension shall be made by the permittee no later than thirty (30) days after the date of permit expiration. The building official may approve a permit extension for a period of time not exceeding one hundred eighty (180) days from the date of expiration. A permit shall not be extended more than once. A permit extension fee must be paid and an extension granted by the building official prior to the recommencing of work.

If the permittee has made changes to the scope of work as shown on the approved plans and issued permit, or the building standards in effect on the date of the issuance of the original permit are no longer in effect, the building official may require the applicant to submit new plans or other forms of documentation to demonstrate compliance with some or all of the building standards requirements in effect at the time the permit extension request was received. In addition to a permit extension fee, the applicant may also be required to pay additional plan review fees to verify such compliance and inspection fees to verify the condition of the existing project, in the amount as determined by the Building Official.

Expired Permits: Once a permit, including any extension has expired, the permittee shall file a new application. The permittee may be required to resubmit plans and other documentation to demonstrate compliance with any new requirements of the BHMC in effect at the time of the new application was submitted, as determined by the Building Official. The applicant may also be required to pay additional fees, including plan review and inspection fees in the amount as determined by the Building Official.

1. Expiration Of Permit For Unlawful Construction: Notwithstanding any provision of subsection N or any other provision of Chapter 1, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The building official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit.

O. Additional Permit Requirements; Noticed Code Violations: Notwithstanding any other provision of the Beverly Hills municipal code to the contrary, private real property shall be free of all noticed code violations as an additional prerequisite for any person to be entitled to obtain a permit from the building official. As used in this section, "noticed code violations" means all activities, conditions or uses on private real property that violate any provision of the Beverly Hills municipal code as described in one or more city notices (from any department or division, or an attorney therefor) or in final administrative citations to a prior or current owner or other responsible person, which violations the city has determined have not been fully corrected in the manner required by the Beverly Hills municipal code prior to the submittal date of an application for a permit.

1. Noticed Code Violations: Where noticed code violations exist, the building official shall issue a notice of denial of permit by first class mail to the permit applicant or to the current owner (if not the applicant). The notice of denial of permit shall include a description of the noticed code violations as well as notice of the right of appeal pursuant to this section. Failure of any person to receive a properly addressed notice of denial of permit pursuant to this section shall not invalidate the denial of a permit or extend the appeal period.

a. The building official may issue a permit or a permit with conditions to an owner, despite the existence of one or more noticed code violations, if he/she determines one of the following circumstances exists:

(1) The noticed code violations require the permit being applied for in order to abate the violations.

(2) Denial of a permit would result in an immediate threat to: a) the health or safety of occupants of the real property on which noticed code violations exist; or b) the occupants of adjoining private property; or c) persons on public property.

b. If the building official imposes conditions on a permit, he/she shall issue a notice of permit condition(s) to the permit applicant or to the current owner (if not the applicant) by first class mail that shall be deposited in a United States postal container. Notice of the right of appeal pursuant to this section shall be included therein. Failure of any person to receive a properly addressed notice of permit condition(s) shall not invalidate the conditions or extend the appeal period. If an owner fails to comply with a condition in a timely manner, as determined by the building official, he/she may suspend or revoke the permit pursuant to this code. The notice and appeal provisions shall apply if the building official issues a notice of suspension or revocation of permit.

c. The issuance of a permit without conditions shall not preclude the division from subsequently issuing a notice of permit condition(s). Failure of any person to receive a properly addressed notice of permit condition(s) shall not invalidate the condition(s) or extend the appeal period.

d. An owner may appeal a notice of denial of a permit or a notice of permit condition(s) that is issued pursuant to this section.

(1) In order to be timely, an owner's dated and signed appeal, which shall contain the owner's mailing address and contact information by telephone and e-mail (if available), must be received by the development services division ("division") within ten (10) calendar days of the date of mailing of the division's notice of denial of permit or a notice of permit condition(s). The appeal shall state all grounds in support thereof. An appeal fee shall not be charged.

(2) An untimely appeal constitutes a waiver of the right to appeal, in which case the division's notice of denial of a permit or notice of permit condition(s) is final.

(3) If an appeal is timely filed with the required fee, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the division's issuance of a notice of denial of permit or a notice of permit condition(s). The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Formal rules of evidence and discovery do not apply. The owner and the city shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The city bears the burden of proof at the appeal hearing to establish cause for the division's issuance of a notice of denial of permit or a notice of permit condition(s). All final administrative citations and/or notices to prior or current owners shall constitute prima facie evidence of the facts contained in those documents. The hearing officer shall use preponderance of evidence as the standard of review in deciding the matter on appeal.

(4) The city shall issue a notice to the owner by first class mail of the date, time and place of the hearing, which notice shall be deposited in a United States postal container no less than ten (10) calendar days prior thereto. Failure of any person to receive a properly addressed notice pursuant to this section shall not affect any appeal hearing pursuant to this section.

(5) Failure of an owner to appear at an appeal hearing constitutes a waiver of the right to appeal, in which case the hearing officer shall cancel the hearing. In that event, the notice of denial of permit or the notice of permit condition(s) is final.

(6) The hearing officer shall, within ten (10) calendar days of the hearing issue a written notice of decision to the owner and the city by first class mail that upholds the division's determination that cause existed to issue a notice of denial of permit or a notice of permit condition(s). Alternatively, the hearing officer may overrule a notice of denial of permit due to an absence of cause, in which event the owner shall be entitled to obtain a permit, provided all other requirements therefor under the Beverly Hills municipal code have been met. The hearing officer may also overrule a notice of permit condition(s) due to an absence of cause. The notice of decision shall include findings in support thereof. The hearing officer's decision shall be final.

e. The building official may, prior to the issuance of a permit, also require an advance tender of a cash deposit for code enforcement fees to monitor real property for noticed code violations until they have been fully abated to the satisfaction of the building official. Such fees are chargeable from the date of permit issuance and shall terminate upon the abatement of the noticed code violations. The amount of the deposit shall be calculated in the manner set forth below, which shall be in addition to any permit fees. The building official may require the owner to replenish a deposit within seven (7) calendar days of written notice by first class mail, if fifty percent (50%) of that deposit is depleted. Failure to replenish a deposit in a timely manner shall constitute cause for the division to suspend or revoke the permit.

As used in this section, "code enforcement fees" shall mean fees imposed by the city to defray its costs of code enforcement actions, pursuant to California Government Code section 54988 and California Health And Safety Code section 17951 (and any successor statutes thereto), this code, and any other applicable local, state, or federal law, as well as by the city's police powers as authorized by the California constitution.

Monitoring real property for noticed code violations constitutes code enforcement actions pursuant to this section and include, but are not limited to, the time and other resources of public officials in all city departments or divisions and city consultants expended by them to inspect and/or reinspect real property in connection with noticed code violations, as well as to draft reports or notices, take photographs, engage in related communications (whether in meetings or otherwise) with other city officials, other agencies or responsible persons and, to seek or cause the abatement of noticed code violations by the exercise of one or more of the city's remedies. In no instance shall the city charge a code enforcement fee for any actions that are covered by permit fees.

In establishing the required amount of a cash deposit in each case the building official shall estimate the time in hours the city will expend for monitoring actions and shall consider the following factors:

(1) The nature and number of noticed code violations;

(2) Whether their abatement requires city approvals, licenses or permits;

(3) The time it will take for an owner to obtain those approvals, licenses or permits;

(4) The time it will take for an owner to fully abate the noticed code violations with all required approvals, inspections and permits.

The estimate of hours shall be multiplied by the average burdened dollar hourly rate the city pays personnel in the community development department to arrive at the amount of the required deposit.

The city shall provide an accounting of code enforcement fees that have been charged to a deposit in the form of a statement of code enforcement fees by first class mail to an owner within ten (10) calendar days of the date the noticed code violations have been fully abated. If an unused portion of the deposit exists, the city shall tender it to the owner along with the accounting. Notice of the right to appeal the statement of code enforcement fees shall be included that informs the owner of the time period and manner in which to do so. Code enforcement fees that exceed a deposit are nonetheless chargeable to an owner and due the city. Failure of any person to receive a properly addressed statement of code enforcement fees pursuant to this section shall not invalidate the accounting therein or extend the appeal period.

f. In order to be timely, an owner's dated and signed appeal of the statement of code enforcement fees, which shall contain the owner's mailing address and contact information by telephone and e-mail (if available), must be received by the division within ten (10) calendar days of the date of mailing of the division's statement of code enforcement fees. The appeal shall state all objections to the statement. An appeal fee shall not be charged.

An untimely appeal constitutes a waiver of the right to appeal the statement of code enforcement fees, in which case it is final.

If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the statement of code enforcement fees and the noticed code violations. The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Formal rules of evidence and discovery do not apply. The owner and the city shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The city bears the burden of proof at the appeal hearing to establish it incurred code enforcement fees in the amount claimed. The statement of code enforcement fees, and all amendments or supplements thereto, shall constitute prima facie evidence of the facts contained in those documents. The hearing officer shall use preponderance of evidence as the standard of review in deciding the matter on appeal.

The city shall issue a notice to the owner by first class mail of the date, time and place of the hearing, which notice shall be deposited in a United States postal container no less than ten (10) calendar days prior thereto. Failure of any owner to receive a properly addressed notice of hearing pursuant to this section shall not invalidate a statement of code enforcement fees.

Failure of an owner to appear at an appeal hearing constitutes a waiver of the right to appeal, in which case the hearing officer shall cancel the hearing. In that event, the statement of code enforcement fees is final.

The hearing officer shall, within ten (10) calendar days of the hearing issue a written notice of decision to the owner and the city by first class mail that: 1) upholds the city's statement of code enforcement fees; or 2) determines the statement of code enforcement fees is inaccurate with a written explanation therefor. In that event, the hearing officer shall specify the amount the owner is due for any additional refund of the deposit less any prior city refund, which the city shall tender to the owner within a period of ten (10) days from the date of the notice of decision. The hearing officer's decision shall be final.

g. The division shall, provided all other requirements in the Beverly Hills municipal code have been met, issue a permit once it determines grounds to deny it pursuant to this section no longer exist. The division shall also rescind conditions to a permit once it determines grounds no longer exist to require their imposition.

h. The actions authorized by this section shall not affect, alter, modify or waive the city's right to exercise its remedies at any time against owners or responsible persons in connection with violations of the Beverly Hills municipal code, irrespective of whether they were noticed.

2. Suspension Or Revocation:

a. The building official may, in writing, suspend or revoke a permit when:

(1) The permit was issued in error or on the basis of incorrect, inaccurate, or incomplete information;

(2) It was issued in violation of any provision of the Beverly Hills municipal code;

(3) One or more noticed code violations exist; or

(4) A condition to a permit has not been met or has otherwise been violated.

b. If the building official suspends or revokes a permit pursuant to this section, the building official shall issue a notice of suspension or revocation of permit to the permit applicant or to the owner (if not the applicant) by first class mail. Suspension of a permit shall not extend its life. The notice shall include a description of the basis for the suspension or revocation as well as notice of an appeal right if the notice of suspension or revocation of permit was issued pursuant to subsection O2a(3) or O2a(4) of this section. Failure of any person to receive a properly addressed notice of suspension or revocation of permit shall not invalidate the suspension or revocation of a permit or extend the appeal period.

c. The building official may, as an alternative to suspension or revocation for noticed code violations, impose conditions to a permit in the form of a notice of permit condition(s) that is issued to the permit applicant or to the current owner (if not the applicant) by first class mail. Failure of any person to receive a properly addressed notice of permit condition(s) pursuant to this section shall not invalidate the conditions or extend the appeal period. Failure to comply with a notice of permit condition(s) in a timely manner constitutes additional cause to suspend or revoke a permit.

d. The building official may, prior to issuing a notice of permit condition(s) and in order to monitor noticed code violations, also require tender of a cash deposit (if not previously tendered and/or used) for code enforcement fees that the city incurs from the date of the issuance of a notice of permit condition(s) until the noticed code violations have been fully abated with all required approvals, inspections and permits. The provisions in this code shall apply if a cash deposit is required.

e. Failure to replenish a deposit as required by this code shall also constitute cause for the division to issue a notice of suspension or revocation of permit pursuant to this section. No right of appeal shall exist for a notice of suspension or revocation of permit that has been issued for this reason.

f. An owner may appeal a notice of suspension or revocation that is issued pursuant to subsection O2a(3) or O2a(4) of this section. No right of appeal exists if a notice of suspension or revocation is based on subsection O2a(1) or O2a(2) of this section.

(1) In order to be timely, an owner's dated and signed appeal, which shall contain the owner's mailing address and contact information by telephone and e-mail (if available), must be received by the division within ten (10) calendar days of the date of mailing of the notice of suspension or revocation of permit or a notice of permit condition(s). The appeal shall state all grounds in support thereof. An appeal fee shall not be charged.

(2) An untimely appeal constitutes a waiver of the right to appeal, in which case the notice of suspension or revocation of permit or the notice of permit conditions shall be final.

(3) If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the division's issuance of a notice of suspension or revocation of permit or a notice of permit condition(s). The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Formal rules of evidence and discovery do not apply. The owner and the city shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The city bears the burden of proof at the appeal hearing to establish cause for the division's issuance of a notice of suspension or revocation or a notice of permit condition(s). All final administrative citations and/or notices to prior or current owners shall constitute prima facie evidence of the facts contained in those documents. The hearing officer shall use preponderance of evidence as the standard of review in deciding the issue on appeal.

g. The city shall issue a notice to the owner by first class mail of the date, time and place of the hearing, which notice shall be deposited in a United States postal container no less than ten (10) calendar days prior thereto. Failure of any person to receive a properly addressed notice pursuant to this section shall not affect any appeal hearing pursuant to this section.

h. Failure of an owner to appear at an appeal hearing constitutes a waiver of the right to appeal, in which case the hearing officer shall cancel the hearing. In that event a notice of suspension or revocation of permit or a notice of permit condition(s) is final.

i. The hearing officer shall, within ten (10) calendar days of the hearing issue a written notice of decision to the owner and the city by first class mail that: 1) upholds the division's determination that cause existed to issue a notice of suspension or revocation of permit or a notice of permit condition(s); or 2) reverses the division's suspension or revocation due to the absence of cause.

The notice of decision shall include findings in support thereof. The hearing officer's decision shall be final.

j. The building official shall rescind a notice of suspension or revocation of permit in writing, once it determines cause for its issuance no longer exists. The division shall also rescind a notice of permit condition(s) in writing once it determines grounds no longer exist for their imposition.

k. The actions authorized by this section shall not affect, alter, modify or waive the city's right to exercise its remedies at any time against owners or responsible persons in connection with violations of the Beverly Hills municipal code, irrespective of whether they were noticed. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019; Ord. 22-O-2868, eff. 1-1-2023)

A. General: Submittal documents consisting of construction documents, plans, specifications, engineering calculations, diagrams, soil investigation reports, geotechnical reports, special inspection and structural observation programs, a construction management plan and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. If provided by local law, or in order to ensure quality design consistent with the standards of the city of Beverly Hills, or to otherwise promote the public health, welfare and safety, the building official may require plans, computations and specifications to be prepared and designed by an engineer and architect licensed by the state to practice as such even if not required by state law.

1. Exception: The building official is authorized to waive the submission of construction documents, plans, calculations, construction, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code.

B. Construction Documents: Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations, as determined by the building official. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and persons who prepare them. Plans shall include a site plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the building official. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.

C. Approval Of Construction Documents: When the building official issues a permit the construction documents shall be approved, in writing or by stamp as "APPROVED". One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the plans marked "APPROVED".

D. Phased Approval: The building official is authorized to issue a permit for the construction of part of a building or structure, or the installation of equipment before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code and other appropriate city conditions and/or requirements. The holder of such permit shall proceed at the holder's own risk and without assurance that the permit for the entire building, structure, or equipment will be granted.

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

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

F. Deferred Submittals: For the purposes of this section, "deferred submittals" are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted within a period specified by the building official. Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the construction documents for review by the building official.

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

G. Amended Construction Documents: Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. In addition to submitting revised plans and drawings of any proposed changes to plans already checked or approved, the applicant shall submit a change list setting forth all of those changes, beyond those necessary to address the department's correction notices, for which approval is requested. Even if proposed changes are shown on the revised plans and drawings that have been approved, no change shall in itself be considered approved unless it appears on the approved change list. The change list may be included on the face of the revised plans and drawings.

H. Inspection And Observation Program: When special inspection is required by chapter 17 of this code, the architect or engineer of record shall prepare an inspection program which shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and indicate the duties of the special inspectors.

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

When structural observation is required by chapter 17 of this code, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

The inspection program shall include samples of inspection reports and provide time limits for submission of reports.

I. Responsible Person Or Contractor Of Record: When required by the building official, the contractor of record or a representative responsible person shall be present at the construction site at all times during the construction process. That person shall have the authority to address the concerns of neighboring property residents or occupants regarding the particular construction project. The names and telephone numbers of the contractor of record or the responsible person shall be conspicuously displayed at the construction site in a manner satisfactory to the building official.

J. Notice Of Demolition/Construction: The property owner or the owner's representative shall post at the construction site a notice of intent to do grading, construction or demolition that is readily visible at least ten (10) days prior to issuance of permit whenever the building official determines that the grading, demolition, or construction work will have a significant impact on the surrounding properties.

K. Construction Parking And Hauling Restrictions: No hauling or construction related parking shall be permitted on a public street except as otherwise approved by the building official and city engineer, provided that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and ordinances, and that the fees specified by resolution of the city council in section 9-1-110 of this chapter have been paid. All hauling related to construction shall not be commenced without hauling permits.

L. Construction Means And Method Plan Required:

1. When applying for a permit to alter, repair, or rehabilitate any multifamily residential apartment building that contains two or more dwelling units, the applicant shall indicate on a form furnished by the city building official with respect to each unit whether the unit is occupied by a tenant or the unit was occupied by a tenant at the time of an unplanned event, such as a fire, flood or earthquake ("unplanned event"), and the city building official or other authorized city official or public officer required the tenant to vacate the unit because the unplanned event impacted the habitability of the unit. In each case, the building is deemed to be tenant occupied.

2. If the multifamily residential apartment building is tenant occupied, and, as determined by the city building official, the condition of the property and/or the construction work impacts, or could impact, the habitability of any unit in the property, then prior to obtaining a permit to alter, repair, or rehabilitate the building, the applicant shall submit a construction means and method plan to the city building official that contains the information required by this section. The condition of the property or the construction work impacts, or could impact, unit habitability if any of the following conditions exist or may exist at the property for a period exceeding one working day:

a. Inadequate sanitation including, but not limited to, the following:

(1) Lack of, or improper water closet, lavatory, or bathtub or shower,

(2) Lack of, or improper kitchen sink,

(3) Lack of hot and cold running water to plumbing fixtures,

(4) Lack of adequate heating,

(5) Lack of, or improper operation of required ventilating equipment,

(6) Lack of minimum amounts of natural light and ventilation required by the building code of the city of Beverly Hills,

(7) Lack of required electrical lighting,

(8) Dampness of habitable rooms,

(9) Lack of connection to a required sewage disposal system;

b. Structural hazards including, but not limited to, the following:

(1) Deteriorated or inadequate foundations,

(2) Defective or deteriorated flooring or floor supports,

(3) Any of the following structural features that are of insufficient size to carry imposed loads with safety: flooring or floor supports, members of walls, partitions, or other vertical supports, members of ceiling, roofs, ceiling and roof supports, or other horizontal members;

c. Wiring, plumbing, or electrical equipment that will no longer conform with all applicable laws in effect at the time of installation;

d. Faulty weather protection, including, but not limited to, the following: ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

e. The building, premises, or portion thereof, device, apparatus, equipment, combustible waste or vegetation is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause;

f. The building or portion thereof is an unsafe building as defined by the building code of the city of Beverly Hills;

g. The building, premises or portions thereof is not provided with adequate exit facilities as required by the building code and fire code of the city of Beverly Hills;

h. The building or portions thereof is not provided with the fire resistive construction or fire extinguishing systems or equipment required by the building code of the city of Beverly Hills and the fire code of the city of Beverly Hills.

3. No permit shall be issued until a satisfactory construction means and method plan is approved by the city building official, if a construction means and method plan is required.

4. The approved construction means and method plan must be posted next to the permit in a conspicuous place at the property for the duration of the construction work and shall be exhibited to authorized representatives of the city, any public officer and any tenant of the building upon demand.

5. If a construction means and method plan was not required prior to permit issuance, the city building official shall require a construction means and method plan be submitted after construction work commenced, if the city building official determines that the construction work could impact the habitability of any unit on the property for a period exceeding one working day, given the manner in which the construction work is being undertaken. If the city building official requires a construction means and method plan, the requirements of this section shall apply, and the city building official may stop construction work until the requirements of this section have been met.

6. If the city building official determines that a construction means and method plan fails to adequately mitigate habitability impacts on the tenants for any reason, including, without limitation, a change in the scope of the construction work, the city building official shall require revisions to the construction means and method plan and may stop construction work until the revised construction means and method plan is submitted to and approved by the city building official and the requirements of this section have been met.

M. Contents Of Construction Means And Method Plan: The construction means and method plan required by this section shall include the following information with respect to each tenant occupied unit:

1. A detailed description of the construction work and construction process, organized sequentially;

2. An explanation of the impact that the condition of the property and construction work has had and will have on the occupancy of the unit by the tenant;

3. The owner's plan to address the habitability impacts on the tenant created by the condition of the property and the construction work;

4. An assessment of whether the tenant will need to be temporarily relocated prior to or during any phase of the construction work. A tenant will need to be temporarily relocated if the condition of the property or construction work has rendered or will render the unit uninhabitable; and

5. A description of the construction mitigation measures the owner will implement to minimize the impacts of the construction work including, but not limited to, noise; dust; vibrations; utility shutoffs; the presence of construction materials and equipment; exposure to toxic or hazardous materials; and loss of parking, ingress and egress, and laundry facilities. The mitigation measures must be appropriate to all of the stages of the construction work and comply with all applicable housing, health, and building and safety laws.

6. A construction means and method plan certification and a declaration signed under penalty of perjury that the information provided in the construction means and method plan is true and correct signed by the owner or the owner's contractor, representative, or property manager, and the signature of the owner's contractor attesting to the accuracy and completeness of the scope of the construction work and the construction related mitigation measures described in the construction means and method plan.

N. Relocation Benefits Required: If the construction means and method plan demonstrates, as determined by the city building official, that an unplanned event has required and will continue to require any tenant to be temporarily relocated, or with respect to a planned construction project, that the condition of the property or the construction work will require any tenant to be temporarily relocated for a period exceeding one working day, the owner shall provide fair and reasonable relocation benefits to each displaced tenant at the owner's expense in accordance with the requirements of this section as follows:

1. A written mutual agreement between the owner and displaced tenant will be an acceptable method of complying with this section. The agreement must be provided to the city building official, but is not subject to city approval.

2. In the absence of a written mutual agreement with each displaced tenant, the applicant shall prepare and submit a relocation plan for approval by the city building official prior to issuance of a permit for the construction work that contains information sufficient to show for each displaced tenant that has not entered into a mutual agreement with the owner that:

a. The relocation facility will be located within the city of Beverly Hills or within three (3) miles of the displaced tenant's unit, unless the owner and tenant consent in writing to a different location.

b. To the extent reasonably feasible, the displaced tenant will be allowed to remain at the same relocation facility for the duration of the period of displacement; provided, however, that if a tenant was required to immediately relocate due to an unplanned event, the tenant may be required to move from a temporary accommodation, as defined in subparagraph 4. of this section, to a relocation facility.

c. The relocation facility will provide an accommodation equal to the displaced tenant's unit with respect to number of bedrooms, number and types of bathrooms (e.g. full), accessibility, laundry facilities, exercise facilities, balconies, kitchen, allowance for a pet(s) or alternate pet accommodation if the displaced tenant has a pet(s) allowed by the tenant's lease or law, and parking.

d. Measures will be in place to protect the displaced tenant's personal belongings on site or in a storage facility. If the tenant's personal belongings will be stored on site, the owner must ensure that the tenant has reasonable access to their personal belongings during the period of displacement. If the displaced tenant's personal belongings must be stored, the relocation plan shall identify a storage facility which will be provided by the owner. For the security of personal belongings, storage shall be independent from other displaced tenants' personal belongings. The storage facility shall be licensed and bonded, adequate in size to store the displaced tenant's personal belongings and located within the city of Beverly Hills or within four (4) miles of the displaced tenant's unit, unless the owner and tenant consent in writing to a different location. The owner will pay the actual cost of a license and bonded mover to move the tenant's personal belongings from the displaced tenant's unit to the storage facility and from the storage facility back to the tenant's unit. If the displaced tenant chooses to move their personal belongings themselves, the owner will pay the tenant's reasonable moving costs upon the submission of an invoice by the tenant.

e. The owner will pay the actual cost of a mover to move the displaced tenant from the displaced tenant's unit to the relocation facility and from the relocation facility back to the tenant's unit. The mover shall be licensed and bonded. If the displaced tenant chooses to move themselves, the owner will pay the tenant's reasonable moving costs upon the submission of an invoice by the tenant.

f. The owner will pay the displaced tenant's actual and reasonable relocation expenses including, but not limited to, the expense for rent, which the owner shall guarantee and pay directly to the owner of the replacement unit, application fee, credit check, security deposit, utility deposit, and pet deposit, if applicable.

3. The city building official may require any other information that the city building official determines is reasonably necessary to ensure that fair and reasonable relocation benefits will be provided to the displaced tenant. The city building official may also modify or waive any of the relocation plan requirements.

4. If the city building official or other authorized city official or public officer requires any tenant to vacate their unit because an unplanned event impacted the habitability of their unit, the owner shall provide fair and reasonable relocation benefits to each displaced tenant within twenty-four (24) hours of when the tenant vacates the unit. A written mutual agreement between the owner and displaced tenant will be an acceptable method of complying with this requirement. In the absence of a mutual agreement, fair and reasonable relocation benefits shall include relocation to a temporary accommodation, which may be a hotel, motel or short-term rental located in the city of Beverly Hills or within three (3) miles of the displaced tenant's unit, unless the owner and tenant consent in writing to a different location. The temporary accommodation must be safe and sanitary and physically accessible to the tenant. The owner must provide the displac ed tenant at the owner's expense all of the following:

a. Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;

b. Reasonable compensation for laundry, if the displaced tenant's unit had laundry facilities inside the unit or at no charge within the building and the temporary accommodation lacks laundry facilities;

c. Reasonable compensation for parking if the displaced tenant's unit included a parking space(s) and the temporary accommodation lacks parking or charges for parking; and

d. Reasonable accommodation for a pet(s) that was permitted in the displaced tenant's unit by the lease or by law if the temporary accommodation does not accept pets. Priority shall be given to housing pets with their owners during the period of displacement if reasonably feasible.

5. If the city building official or other authorized city official or public officer requires any tenant to vacate their unit because an unplanned event impacted the habitability of their unit, the displaced tenant must provide the owner and the city with a method for the owner and city to communicate with the tenant, which may include by email, text message, or phone. Until such time as the displaced tenant provides this information, the owner may communicate with the tenant by posting notices on the door of the displaced tenant's unit and at all entrances and exits to the building, if possible.

6. Unless otherwise agreed to by the owner and displaced tenant, the owner shall make payment for the expenses specified in subparagraph 4. of this paragraph N. directly to the temporary accommodation and to the pet accommodation facility, and all other compensation shall be paid directly to the displaced tenant, not less frequently than weekly upon the presentation of an invoice by the tenant.

7. The City Council may establish by resolution per diem rates for temporary accommodations provided pursuant to subparagraph 4. of this paragraph N., including parking, meal and laundry allowance and pet accommodations.

8. Notwithstanding the provisions of this paragraph N. that do not require a relocation plan unless a construction means and method plan has been submitted, if the displacement of any tenant is due to an unplanned event and is anticipated to last for more than thirty (30) calendar days, the owner must submit a relocation plan pursuant to paragraph N. for approval by the city building official within thirty (30) calendar days of the unplanned event.

9. Notice of the relocation assistance and benefits to be provided and the estimated timing of displacement, if known, will be provided to all tenants who will be displaced or have been displaced due to an unplanned event, including an event requiring emergency repair work, as determined by the city building official, within twenty-four (24) hours of the event using the method of communication provided by the tenant, or if not provided, by posting notice on the door of the displaced tenant's unit and at all entrances and exits to the building, if possible. The city building official may waive the notice required pursuant to this subparagraph, or the requirement to provide the notice within twenty-four (24) hours, if the city building official determines that providing such notice or providing it within twenty-four (24) hours is impractical.

O. Tenant Noticing Requirement:

1. Following the issuance of a permit for the alteration/repair/rehabilitation of any multifamily residential apartment building which required an applicant to prepare a construction means and method plan pursuant to this code, the applicant must notify all tenants, using a form approved by the city, that no work will commence under the permit until ten (10) calendar days after the notification. With respect to each tenant of the property, this notice shall either be hand delivered, sent by email to an email address provided by the tenant, or sent by certified mail, return receipt requested. Notwithstanding the foregoing, if an unplanned event required the tenants to vacate their units, the notice may provide that no work will commence under the permit until two (2) calendar days after the notification. The city building official may waive the notice required pursuant to this subparagraph when the owner demonstrates to the city building official that providing such notice is impractical in the circumstances.

2. The notice required by subparagraph 1. of this section shall contain the following information:

a. A detailed description of the nature and type of construction activity that will be undertaken;

b. Information regarding the scheduling of construction and the periods during which services such as laundry, parking, elevators, water and power, will be unavailable;

c. A statement that the construction being undertaken at the property will not terminate the tenant's tenancy;

d. A statement informing the tenants of their right to seek mitigation from the owner to minimize the impacts of the construction work at the property, including, but not limited to, noise, dust, vibrations, utility shutoffs and other construction impacts;

e. A statement informing tenants of their right to review and receive at no charge a copy of the construction means and method plan and any subsequent revisions to the means and method plan;

f. A statement informing tenants of their right to review and receive at no charge a copy of the relocation plan, if such plan was required, and any subsequent revisions to the relocation plan;

g. Information explaining how to contact the applicant, the owner, if the applicant is not the owner, and a designated project manager responsible for responding to tenant inquiries, complaints, and requests for mitigation of construction impacts;

h. A statement informing tenants that they should immediately contact the city's building and safety division regarding any conditions at the property which they consider to be unsafe, in violation of the city's technical codes, or in violation of the applicant's construction means and method plan;

i. For construction projects that exceed thirty (30) calendar days in duration as measured from the date that construction commences, a statement that the applicant will provide twice monthly notices to the tenants and the city building official regarding the progress of construction; and

j. Any other information that the city building official determines is necessary due to the unique circumstances of the construction work.

3. In addition to the information required by this section, the tenant notification shall provide the following information if the project will require the temporary relocation of tenants:

A statement that the construction activity may require displacement, but that to the greatest extent practicable, no tenant lawfully occupying the property will be required to move without at least thirty (30) calendar days' written notice from the owner, unless the tenant already has been required to move due to the uninhabitable condition of the tenant's unit, or unless the owner and tenant consent in writing to an earlier date.

4. When the date on which a displaced tenant's unit will be available for reoccupancy is known, or as soon thereafter as possible, the owner shall provide written notice to the displaced tenant, on a form approved by the city, which notice shall provide the tenant a reasonable time to reoccupy the unit. With respect to each tenant of the property, this notice shall either be hand delivered, sent by email to an email address provided by the tenant, or sent by certified mail, return receipt requested. In the displaced tenant is occupying a temporary accommodation due to an unplanned event, the owner shall use the method of communication provided by the tenant, or if not provided, by posting notice on the door of the displaced tenant's unit and at all entrances and exits to the building, if possible.

P. Security: Before receiving a permit for a project which requires an applicant to prepare a construction means and method plan pursuant to this section, the applicant shall furnish security to the city sufficient to ensure the timely and faithful performance of all work included within the scope of the permit and the payment of all relocation assistance necessitated by the temporary displacement of the tenants, if any. The city building official may exempt a project from the security requirements of this section if the city building official determines such security is unnecessary based on an analysis of the following factors: size of project, duration of project, potential for impact on tenant safety, and invasiveness of project. If required, cash bonds are acceptable forms of security.

Q. Compliance With Required Means And Method Plan and Relocation Plan:

1. General: No person shall alter, repair, or rehabilitate any multifamily residential apartment building that contains two or more dwelling units without complying with all conditions of any required construction means and method plan and relocation plan.

2. Owner's Responsibility: The owner is and shall remain responsible for any violation of the construction means and method plan or relocation plan regardless of the responsibility of any other person for the violation or any contract or agreement the owner entered into with a third party concerning the owner's property, the construction that necessitated the preparation of the construction means and method plan, or the relocation benefits necessitated by the relocation plan.

R. Administrative Regulations: The city building official shall have the authority to promulgate and/or adopt administrative regulations to implement the provisions of this chapter. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 25-O-2926, eff. 1-1-2026; Ord. 25-O-2929, 12-9-2025)

A. Issuance: The application, plans, specifications, computations and other information filed by an applicant for a permit shall be reviewed by the director of building and safety. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their purview. If the director of building and safety finds that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and ordinances, and that the fees specified by resolution of the city council have been paid, the director of building and safety shall issue a permit therefor to the applicant.

When a permit is issued when plans are required, the director of building and safety shall endorse in writing or stamp the plans and specifications "APPROVED". Such approved plans and specifications shall not be changed, modified or altered without authorization from the director of building and safety, and all work regulated by this code shall be done in accordance with the plans marked "APPROVED".

The director of building and safety may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes and other appropriate city conditions and/or requirements.

The holder of such permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.

In addition to submitting revised plans and drawings of any proposed changes to plans already checked or approved, the applicant shall submit a change list setting forth all of those changes, beyond those necessary to address the department's correction notices, for which approval is requested. Even if proposed changes are shown on the revised plans and drawings that have been approved, no change shall in itself be considered approved unless it appears on the approved change list. The change list may be included on the face of the revised plans and drawings.

B. Retention Of Plans: One set of approved plans, specifications and computations shall be submitted by the applicant, and retained by the city, in a digital format deemed acceptable by the building official and as outlined in the city's retention schedule; and one set of approved plans and specifications shall be returned to the applicant, and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

C. Construction Management Plan Required: Prior to issuance of a building permit for a project requiring plan check, the owner shall prepare and submit a construction management plan (CMP) for all work to be performed, using a form provided by the building official, or otherwise found acceptable by the building official. The CMP shall set forth construction inspection milestones to be timely completed, that shall correspond to progress inspections required by this code. If the CMP is approved, work may be commenced and shall comply in all respects with time limits set forth in the CMP. The total time within which to complete construction, as set forth in the CMP, shall not exceed three (3) years unless approved in writing by the building official.

D. Safety Deposit: Prior to issuance of a building permit, the owner shall also post a safety deposit with an approved local financial institution ("safety deposit") in such amount as determined by the building official based upon the potential need for imposition by the city of safety measures on the project site, capable of being unilaterally drawn upon by the city in the event construction ceases and/or an inspection milestone is missed. The safety deposit shall be in the form of cash or structured letter of credit satisfactory to the city attorney, and shall be used solely to procure construction site security fencing, removal of construction site solid waste, maintenance of landscaping, including lawns and parkways, and/or remediation of any other conditions determined by the building official to be unsafe, after the owner's refusal or failure to correct such condition(s). The owner shall deposit additional funds within five (5) business days of city's withdrawal, sufficient to maintain the required safety deposit amount at all times during the course of the work, until final inspection and issuance of a certificate of occupancy, if applicable.

Any failure by the owner to meet a CMP inspection milestone shall authorize the building official to issue a notice requiring completion of the work and corresponding inspection within thirty (30) days ("completion notice"). Notwithstanding the foregoing, the building official shall be authorized as otherwise provided under this code, California building standards code, or any other provision of local or state law, to issue written orders requiring the immediate correction of any condition deemed to present an immediate and unreasonable risk of harm or danger to the public health and safety ("safety order"). The building official shall be authorized to utilize the safety deposit, consistent with the procedures set forth in this section, to implement measures to protect the public from any immediate and unreasonable risk of harm or danger on the project site, if the owner fails or refuses to timely comply with the safety order.

Every permit issued by the building official shall expire and become null and void if the building or work authorized by such permit, including the inspection milestone, is not completed, or the safety deposit is not made, prior to the expiration of the thirty (30) day period specified in the completion notice. In the event a permit expires, a stop work order may be issued, and the owner shall apply for, pay all new permit fees, submit a new CMP, and obtain a new permit before recommencing the work.

Prior to withdrawing funds from the safety deposit, the owner shall be provided ten (10) days' prior written notice within which the owner may file a written appeal of the pending fund withdrawal. If no appeal is filed within said ten (10) day period, the city may withdraw funds in the amount stated in the notice. If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the determination to withdraw funds from the safety deposit. The owner shall be provided notice of the hearing which shall be set to occur not later than fourteen (14) days after receipt of the timely appeal. Prior to or at the hearing on the appeal, the owner shall submit: 1) documentary evidence sufficient to establish that: all permit applications were timely filed; construction contracts were entered into in a diligent manner; compliance with all permit requirements occurred in a timely manner; and that all fees were timely paid; and 2) any other evidence demonstrating that construction delays, including any failure to comply with a safety order, resulted from circumstances beyond the owner's reasonable control and despite diligent and clearly documented efforts to achieve timely compliance.

Following the conclusion of the hearing, and based upon substantial evidence presented, the hearing officer shall be authorized to make any of the following determinations:

1. The owner shall be provided with up to thirty (30) additional days within which to complete the work and required inspection;

2. Modify the determination to withdraw funds by authorizing a lesser amount to be withdrawn; or

3. Deny the appeal in its entirety.

The decision of the hearing officer shall be final. A failure or refusal by an owner to make or fund a required safety deposit and/or allow any work of construction to remain in an unsafe condition as determined by the building official, or in unfinished condition beyond the time limits set forth in this section or a CMP, shall constitute a nuisance and may be abated as provided for the abatement of nuisances in the Beverly Hills municipal code.

In addition to the rights granted to the building official pursuant to this code, the building official shall have all rights to enter the property to inspect, mitigate unsafe conditions including boarding up of openings, abate unsafe weeds, remove unsafe construction materials and demolition waste, demolish unsafe structures, and otherwise to enforce any of the provisions of this code.

E. Special Building Permit Requirements: Prior to issuance of a building permit for a project requiring plan check, the owner shall prepare and submit a construction management plan (CMP) for all work, using a form provided by the city building official, or otherwise found acceptable by the city building official. The CMP shall set forth construction inspection milestones to be timely completed, that shall correspond to progress inspections required by the city's technical codes. If the CMP is approved, work may be commenced and shall comply in all respects with time limits set forth in the CMP. The total time within which to complete construction, as set forth in the CMP, shall not exceed three (3) years unless approved in writing by the city building official.

Prior to issuance of a building permit, the owner shall also post a safety deposit with an approved local financial institution ("safety deposit") in such amount as determined by the city building official based upon the potential need for imposition by the city of safety measures on the project site, capable of being unilaterally drawn upon by the city in the event construction ceases and/or an inspection milestone is missed. The safety deposit shall be in the form of cash or structured letter of credit satisfactory to the city attorney, and shall be used solely to procure construction site security fencing, removal of construction site solid waste, maintenance of landscaping, including lawns and parkways, and/or remediation of any other conditions determined by the city building official to be unsafe, after the owner's refusal or failure to correct such condition(s). The owner shall deposit additional funds within five (5) business days of city's withdrawal, sufficient to maintain the required safety deposit amount at all times during the course of the work, until final inspection and issuance of a certificate of occupancy, if applicable.

Any failure by the owner to meet a CMP inspection milestone shall authorize the city building official to issue a notice requiring completion of the work and corresponding inspection within thirty (30) days ("completion notice"). Notwithstanding the foregoing, the city building official shall be authorized as otherwise provided under the Beverly Hills administrative code, California building code, or any other provision of local or state law, to issue written orders requiring the immediate correction of any condition deemed to present an immediate and unreasonable risk of harm or danger to the public health and safety ("safety order"). The building official shall be authorized to utilize the safety deposit, consistent with the procedures set forth in this section, to implement measures to protect the public from any immediate and unreasonable risk of harm or danger on the project site, if the owner fails or refuses to timely comply with the safety order.

Every permit issued by the city building official shall expire and become null and void if the building or work authorized by such permit, including the inspection milestone, is not completed, or the safety deposit is not made, prior to the expiration of the thirty (30) day period specified in the completion notice. In the event a permit expires, a stop work order may be issued, and the owner shall apply for, pay all new permit fees, submit a new CMP, and obtain a new permit before recommencing the work.

Prior to withdrawing funds from the safety deposit, the owner shall be provided ten (10) days' prior written notice within which the owner may file a written appeal of the pending fund withdrawal. If no appeal is filed within said ten (10) day period, the city may withdraw funds in the amount stated in the notice. If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the determination to withdraw funds from the safety deposit. The owner shall be provided notice of the hearing which shall be set to occur not later than fourteen (14) days after receipt of the timely appeal. Prior to or at the hearing on the appeal, the owner shall submit: 1) documentary evidence sufficient to establish that: all permit applications were timely filed; construction contracts were entered into in a diligent manner; compliance with all permit requirements occurred in a timely manner; and that all fees were timely paid; and 2) any other evidence demonstrating that construction delays, including any failure to comply with a safety order, resulted from circumstances beyond the owner's reasonable control and despite diligent and clearly documented efforts to achieve timely compliance.

Following the conclusion of the hearing, and based upon substantial evidence presented, the hearing officer shall be authorized to make any of the following determinations:

1. The owner shall be provided with up to thirty (30) additional days within which to complete the work and required inspection; or

• 2. Modify the determination to withdraw funds by authorizing a lesser amount to be withdrawn; or
• 3. Deny the appeal in its entirety; or
• 4. The decision of the hearing officer shall be final.

A failure or refusal by an owner to make or fund a required safety deposit and/or allow any work of construction to remain in an unsafe condition as determined by the building official, or in unfinished condition beyond the time limits set forth in this section or a CMP, shall constitute a nuisance and may be abated as provided for the abatement of nuisances in the Beverly Hills municipal code.

In addition to the authority, duties, and powers granted to the building official pursuant to this administrative code, and consistent therewith, the provisions of said section, the building official shall have all rights to enter private real property to inspect, mitigate unsafe conditions including boarding up of openings, abate unsafe weeds, remove unsafe construction materials and demolition waste, demolish unsafe structures, and otherwise to enforce any of the provisions of this section or this title. (Ord. 16-O-2719, eff. 1-20-2017)

A. General: Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by this jurisdiction.

B. Permit Fees: For each and every permit issued pursuant to title 24, California building standards there shall be paid to the city a permit fee in such amount as established by resolution of the city council. The permit fees shall be established by state or local agencies or by resolution of the city council.

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

In addition to the permit fees, if buildings or structures are required to meet energy, sound insulation and/or seismic zone standards as mandated by the state, then the building official shall collect a fee in the amount established by state or local agencies or by resolution of the city council.

C. Plan Review Fees: When a plan review is required, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be those fees established by resolution of the city council. Additional review fees may be assessed for changes and revisions to the plans beyond those required to address the plan review corrections and for those changes made after issuance of the permit. Applications for extension of the plan review expiration date, which are submitted in accordance with this code, shall be accompanied by payment of fees.

In addition to the plan review fee, if buildings or structures are required to meet energy, sound insulation and/or seismic zone standards as mandated by the state, then the building official shall collect a fee in the amount established by state or local agencies or by resolution of the city council.

When the building official determines that the construction or work poses a hazard or that the nature of the construction or work requires a degree of specialized knowledge, skill or experience beyond that possessed by any regular employee of the city, or when there are differences of opinions between the department staff and the project's consultants, the building official may employ a consultant or consultants. The owner, or his agents, shall pay to the city all direct and indirect costs of such consultants and shall maintain a cash deposit with the city at all times in a sufficient amount for the purpose of paying such costs.

D. Investigation Fees; Work Without A Permit:

1. Investigation: Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.

2. Fee: An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law.

E. Fee Refunds: The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled within ten (10) days of submittal and before any examination time has been expended.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019)

A. General: Construction or work for which a permit is required shall be subject to inspection by the building official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous inspection as specified in this section. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances or laws. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor this jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

B. Demolition, Excavation, And Shoring Inspections: Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the building official. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved.

The building official, upon notification, shall make the following inspections:

1. Demolition Inspection: To be made before demolition begins and after demolition is completed per approved plans but before construction, grading, or shoring is commenced.

2. Shoring And Excavation: To be made throughout and after shoring and excavations are complete and required before foundations are in place.

3. Basement And Subterranean Garage: To be made throughout and after the basement and subterranean footings and walls are in place.

C. Footing And Foundation Inspection: To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready mixed in accordance with approved nationally recognized standards such as ASTM C 94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.

D. Concrete Slab Or Underfloor Inspection: To be made after in-slab and underfloor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.

E. Trades (Plumbing, Mechanical, Gas And Electrical Systems) Inspection: Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

F. Frame Inspection: To be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and all pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, and heating wires, pipes and ducts are approved. Prior to rough framing inspection approval, and prior to final inspection approval, the city may verify conformity with applicable entitlements and zoning regulations. In buildings of Types IV-A, IV-B and IV-C, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.

G. Lath, Gypsum Board And Gypsum Panel Product Inspection: To be made after lath, gypsum board and gypsum panel products, interior and exterior, is in place but before plaster is applied or before gypsum board and gypsum panel projects joints and fasteners are taped and finished.

H. Fire And Smoke Resistant Penetrations: Protection of joints and penetrations in fire resistance rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. Prior to final approval, the city must witness a test of all fire smoke dampers.

I. Weatherproofing: To be made after exterior lathing, roofing, and other weather protection materials are in place but before plaster is applied. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, 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. An approved weatherproofing consultant must certify the installation of weatherproofing on all retaining walls which are adjacent to interior areas of the building. The consultant will not be required if the installer is certified in writing by the manufacturer. For all new construction and when required by the city, an approved weatherproofing consultant must certify that the weatherproofing elements of the building have been installed in accordance with the approved plans, all relevant codes, and per manufacturer's specifications. At a minimum, an inspection and report will be required before plastering begins and before final approval is granted.

J. Energy Efficiency Inspection: To be made before work is concealed or made inaccessible based at the point in time when adequate stages of construction for the selected method of code compliance. Inspections shall be made to determine compliance with energy code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water heating equipment efficiency.

K. Green Building Standards Inspection: To be made before work is concealed or made inaccessible based at the point in time when adequate stages of construction for the selected method of code compliance. Inspections shall be made to determine compliance with green building standards code and shall include, but not be limited to, inspections for site, parking, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality.

L. Other Inspections: In addition to the inspection specified, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws.

M. Site Grading/Landscaping: To be made before work is concealed or made inaccessible. Underground irrigation system shall be inspected before landscaping is installed. Planting compliant with this code needs to be installed prior to final approval.

N. Equipment Inspections: Equipment for which a permit is required by this code shall be inspected by the building official. Equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of equipment is complete, an additional and final inspection shall be made. Equipment regulated by this code shall not be connected to the water, fuel or power supply, or sewer system until authorized by the building official. The requirements of this section shall not be considered to prohibit the operation of equipment installed to replace existing equipment serving an occupied portion of the building in the event a request for inspection of such equipment has been filed with the building official not more than forty eight (48) hours after the replacement work is completed, and before any portion of such equipment is concealed by permanent portions of the building.

O. Additional Required Inspections And Tests:

1. A preconstruction meeting with the city and the project personnel will be required prior to beginning any new building or when required by the city.

2. For all new construction and when required by the city, a licensed surveyor must certify that the location of the footing forms is per the approved plans before foundations can be poured. The surveyor must provide a plot plan showing precise dimensions to the property lines and the elevation of the forms as compared with the reference elevation shown on the approved plans.

3. For all new construction and when required by the city, a licensed surveyor must certify that the height of the building is in accordance with the approved plans. The surveyor must show the precise height of the building as compared with the reference elevation shown on the approved plans.

4. An approved weatherproofing consultant must certify the installation of weatherproofing on all retaining walls which are adjacent to interior areas of the building. The consultant will not be required if the installer is certified in writing by the manufacturer.

5. For all new construction and when required by the city, an approved weatherproofing consultant must certify that the weatherproofing elements of the building have been installed in accordance with the approved plans, all relevant codes, and per manufacturer's specifications. At a minimum, an inspection and report will be required before plastering begins and before final approval is granted.

6. Prior to final approval, a certified air balancer must provide a written report showing the air volumes for all elements of a commercial garage exhaust system or a commercial kitchen hood system.

7. Prior to final approval, the city must witness a test of all fire smoke dampers.

8. Prior to rough framing inspection approval, and prior to final inspection approval, the city may verify conformity with applicable entitlements and zoning regulations.

P. Final Inspection: To be made after finish grading and the building is completed and ready for occupancy.

Q. Special Inspections: In addition to the inspections required by this section, the owner, the engineer, the architect, or the person acting as the owner's agent shall employ one or more special inspectors who will provide inspections during construction as required in chapter 17 of the building code and which may also be required by the building official for work which, in the opinion of the building official, involves unusual hazards or conditions.

1. Special Inspector: The special inspector shall be a qualified person who shall demonstrate competence to the satisfaction of the building official, for inspecting the particular type of construction or operation requiring special inspections, and shall possess a current certification by an agency approved by the city.

a. Duties And Responsibilities Of The Special Inspector: The special inspector shall observe the work assigned for conformance with the approved design drawings and specifications.

The special inspector shall furnish inspection reports to the building official, the engineer or architect of record, and other designated persons. Discrepancies shall be brought to the immediate attention of the contractor for correction, then, if uncorrected, to the proper design authority and to the building official.

The special inspector shall submit a final signed report stating whether the work requiring special inspection was, to the best of the inspector's knowledge, in conformance with the approved plans and specifications and the applicable workmanship provision of these codes.

The special inspector employed on any work must be present during the execution of all the work the inspector has undertaken to inspect. The inspector shall notify the department of his or her commencement of inspection of a job and shall specify the type of inspection for which the inspector has been engaged. This notification shall be made not later than the last working day preceding such commencement of inspection. The inspector shall report to the job sufficiently in advance of construction to become familiar with the plans and to inspect all materials to be used or concealed within such work; the inspector shall inspect the construction, erection, placing or other use of such materials; and the inspector shall observe whether there is compliance with the applicable codes as to all of the foregoing. During the execution of the work, the inspector shall not undertake or engage in any other task or occupation which will interfere with the proper performance of his or her duties of inspection. The inspector shall report, as directed, to the director of building and safety, noting all violations of the applicable codes, which have occurred, and such other information as may be required. At the conclusion of his or her duties, on any project, which has been completed in accordance with this code, the inspector shall submit a report to the department setting forth the portion of the work the inspector inspected. The report shall be made on forms supplied by the department and shall be filed in the records of the department.

Nothing herein shall be deemed to authorize any special inspector to approve the placing of concrete, grout, masonry, or structural steel prior to the approval of the regular city building inspector.

Where, in the opinion of the department, the special inspector is negligent in the performance of the inspector's duties, the job shall be stopped until such time as the negligence is corrected and adequate inspection has been performed.

b. Continuous And Periodic Special Inspection:

(1) Continuous Special Inspection: Continuous special inspection means that the special inspector is on the site at all times observing the work requiring special inspection.

(2) Periodic Special Inspection: Some inspections may be made on a periodic basis and satisfy the requirements of continuous inspection, provided this periodic scheduled inspection is performed as outlined in the project plans and specifications and approved by the building official.

c. Approved Fabricators: Special inspections required by this section and elsewhere in this code or the technical codes shall not be required where the work is done on the premises of a fabricator registered and approved by the building official to perform such work without special inspection. The certificate of registration shall be subject to revocation by the building official if it is found that work done pursuant to the approval is in violation of the technical codes. The approved fabricator shall submit a certificate of compliance to the building official and to the engineer or architect of record stating that the work was performed in accordance with the approved plans and specifications. The approved fabricator's qualifications shall be contingent on compliance with the following:

(1) The fabricator has developed and submitted a detailed fabrication procedural manual reflecting key quality control procedures which will provide a basis for inspection control of workmanship and the fabricator plant.

(2) Verification of the fabricator's quality control capabilities, plant and personnel as outlined in the fabrication procedural manual shall be by an approved inspection or quality control agency.

(3) Periodic plant inspections shall be conducted by an approved inspection or quality control agency to monitor the effectiveness of the quality control program.

(4) It shall be the responsibility of the inspection or quality control agency to notify the approving authority in writing of any change to the procedural manual. Fabricator approval may be revoked for just cause. Reapproval of the fabricator shall be contingent on compliance with quality control procedures during the past year.

R. Structural Observation: Structural observation shall be provided in seismic design category D, E, or F as indicated in the building code.

S. Inspection Record: Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted in a conspicuous place at the construction site a permit and inspection record such as to allow the building official conveniently to make the required entries regarding inspection of the work. The permit shall be posted in a location such that it is visible from the street. The permit, construction documents, and plans shall remain readily available on site until final approval has been granted by the building official. The requirements for posting and location of posting may be waived or modified by the building official as deemed necessary for the particular type of work.

Duplicate inspection cards may be issued upon payment of fees as established by city council resolution.

T. Inspection Requests: It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. Failure to do so constitutes a violation of this administrative code. The building official may require that every request for inspection be filed at least one business day before such inspection is desired. Such requests shall be made in a manner deemed acceptable by the building official.

It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of the work.

Failure of a permit holder to schedule and undergo all required progress, final or other inspections by the division is a violation of this administrative code.

U. Approval Required: Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspection and shall either indicate that that portion of the construction is satisfactory as completed (which is referred to as a "successful inspection") or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portion of work that does not comply with the code shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

All work and installations that are authorized by a permit shall not become lawful until a permit holder has obtained a final inspection approval from the division, which shall be in writing. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

V. Reinspections: A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with the fee schedule adopted by this jurisdiction. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 22-O-2868, eff. 1-1-2023)

A. Use Or Occupancy: Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefor as provided herein.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city, county of Los Angeles, state of California or the United States. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city, county of Los Angeles, state of California or the United States shall not be valid.

In lieu of a certificate of occupancy, when the building shell, including all structural elements, is completed and all life safety systems are installed and functional, the building official may issue a certificate of completion to allow a limited use but not occupancy of the building prior to issuance of the certificate of occupancy. A certificate of completion is issued to signify completion of a building exclusive of interior build out by a tenant or an owner.

B. Change In Use: Changes in the character or use of a building shall not be made except as specified in the building code and the residential code.

C. Certificate Issued: After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following:

• 1. The building permit number.
• 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. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

D. Temporary Certificate: If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he/she may issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure; provided a cash deposit is made in accordance with section 9-1-115 of this chapter. Applications for a temporary certificate of occupancy shall be submitted with the required fee in accordance with city council resolution and shall be paid prior to issuance. The building official may set a deadline for the certificate to expire, as well as impose conditions thereto. A violation of a condition shall constitute cause to revoke or suspend the temporary certificate.

E. Revocation Or Suspension: The building official may, in writing, revoke or suspend a certificate of occupancy when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of any provision of this chapter. Revocations or suspensions of certificates of occupancy are appealable by an owner and occupant of the subject premises in the same manner provided for appeals from notices of denial of a permit or notice of permit condition(s) that are issued pursuant to this administrative code. A timely appeal shall stay a revocation or suspension, unless the building official is concurrently exercising emergency powers as provided for in this administrative code.

F. Violation: It is unlawful and a violation of this administrative code for any person to occupy or use a building or structure, or portion thereof, that is subject to a revoked or suspended certificate of occupancy, or an expired or revoked temporary certificate. (Ord. 16-O-2719, eff. 1-20-2017)

No hauling or construction related parking shall be permitted on a public street except as otherwise approved by the building official and city engineer, provided that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and ordinances, and that the fees specified by resolution of the city council in section 9-1-110 of this chapter have been paid. All hauling related to construction shall not be commenced without hauling permits. (Ord. 16-O-2719, eff. 1-20-2017)

A. Energy Connections: Persons shall not make connections from a utility, source of energy, fuel or power to any building, structure, or system service equipment that is regulated by this code and for which a permit is required by this code, until approved in writing by the building official.

B. Temporary Connection: The building official shall have the authority to authorize the temporary connection of the building or system service equipment to the utility source of energy for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy, provided a cash performance deposit is made in accordance with section 9-1-115 of this chapter.

Applications for temporary connection to the utility service shall be submitted with the payment of fees as established by Council resolution.

C. Authority To Disconnect Service Utilities: The building official or the building official's authorized representative shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval of the building official. The building official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the utility, owner and occupant of the building, structure or service system shall be notified in writing, of such disconnection as soon as practical thereafter.

When any building service equipment is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Persons shall not make connections from a utility, source of energy, fuel, or power to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment. (Ord. 16-O-2719, eff. 1-20-2017)

Where an owner, tenant, or contractor desires to have a gas or electric meter set, or desires to occupy, use, or to permit the occupancy or use of a new building or structure or portion thereof or of a building or structure being remodeled prior to final approval, and the building official determines no safety hazard exists, the owner, tenant, or contractor, with the approval of the building official, shall make a cash deposit with the City as a guarantee of completion and final approval.

The amount of such deposit shall be determined by the building official, based on the extent of the work remaining prior to the final approval.

The application for such deposit shall be made to the Community Development Department, and the deposit shall be held by the Finance Department. All deposits made in accordance with the provisions of this section shall be placed in a fund or funds and in such a manner that an accounting of each such deposit can be made.

In instances where cash deposits have been made, they shall not be construed to be a substitute for final approval. Failure on the part of the owner, tenant, or contractor to obtain final approval from the building official within a reasonable time as established by the building official in writing, shall be cause for the building official, upon ninety six (96) hours' notice, to use such deposits for the purpose of protecting the public. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 18-O-2750, eff. 4-6-2018)

Before the start of construction of any building or structure, and before any remodel where all toilet facilities are temporarily removed, a temporary water flushed or approved chemical toilet shall be installed for the use of the workers and shall comply with all of the following requirements:

A. Such temporary toilet shall be maintained throughout the construction of the building or structure;

B. If a water flushed toilet is used, such toilet shall be connected to the sewer, and tile pipe without a vent may be used for the installation;

C. Such temporary toilet shall be located within twenty five feet (25') of the rear property line and shall be set back at least twenty feet (20') from any other property line unless the City building official approves an alternate location because the requirements of this subsection prevent servicing the toilet or are otherwise infeasible; and

D. Such temporary toilet shall not be located on public property without the approval of the Director of Public Works. (Ord. 16-O-2719, eff. 1-20-2017)

A. Unlawful Acts: It shall be unlawful for any person to erect, construct, enlarge, alter, extend, install, repair, move, improve, remove, connect, convert, demolish, equip, use or occupy, or perform any other work, on any building or structure or portion thereof, or with regard to any building service equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this Beverly Hills administrative code. It shall also be unlawful for any person to fail to comply with a requirement of this Beverly Hills administrative code or the code, or to disregard a stop work order, or to maintain any building, structure or building service equipment, or portion thereof, in violation of this Beverly Hills administrative code or the code. No person shall maintain grading (whether in the form of an excavation, fill or a combination thereof) without a permit. This prohibition supersedes any other provisions in Title 9, chapter 1 that pertain to grading.

B. Occupancy Or Use Violations: It shall be unlawful for any person to own, use, occupy, or allow, permit or suffer any use of a building, structure, or premises, or portion thereof, in violation of, any of this Beverly Hills administrative code, or the code.

Whenever any structure or portion thereof or equipment therein is being used contrary to the provisions of this code, or other pertinent laws or ordinances, or whenever any structure or portion thereof which was built contrary to the provisions of this code or other pertinent laws or ordinances, is being used or occupied, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten (10) days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code, provided, however, that in the event of a dangerous building provisions of article 8 of this chapter shall apply.

No person shall own, use, occupy or maintain any "unpermitted structure". For the purposes of this code, "unpermitted structure" shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time, without the required permit(s) having first been obtained from the building official, or any work for which a permit has expired.

C. Recordation Of Violation:

1. General: The building official may record a notice with the Los Angeles County recorder's office that a property, building, structure, land, or any portion thereof (collectively hereinafter, the "subject property") is in violation of any provision of the Technical Codes (as described in subsection 9-1-101A of the Beverly Hills Municipal Code), provided that the provisions of this subsection C. are complied with. The remedy provided herein is cumulative to any other enforcement actions permitted by the Technical Codes or the Beverly Hills municipal code.

2. Recordation: If: a) the building official determines that the subject property is in violation of any provision of the Technical Codes; and if b) the building official gives written notice of said violation(s) as specified below to the owner of the subject property (as identified on the last equalized assessment roll of the Los Angeles County assessor's office), then the building official shall have sole discretion to, at any time thereafter, record with the Los Angeles County recorder's office a notice of violation(s) concerning the subject property.

3. Notice: The written notice of violation(s) given pursuant to this subsection C shall state:

a. A description of the violation(s).

b. The sections of the Technical Codes that pertain to the violation(s); and

c. That if the violation(s) is/are not corrected to the satisfaction of the building official in a timely manner, the building official may, at any time thereafter, record a notice of violation(s) with the Los Angeles County recorder's office against the subject property. "To the satisfaction of the building official in a timely manner" means without limitation that the property owner has properly commenced and completed all required actions with all required approvals and permits to correct all violations in the notice by the stated deadline(s).

d. The notice of violation(s), or copies thereof, shall be posted on the subject property and shall, by registered, certified, or first class mail, be sent to the owner(s) of the subject property as indicated on the last equalized Los Angeles County assessment roll. The building official may also consider and use additional addresses for owner(s) as contained in the city's records.

A notice of violation(s) may be combined with other notices that the building official issues in the administration and/or enforcement of the Technical Codes.

4. Rescission: Any property owner who desires to have a recorded notice of violation(s) rescinded must first fully abate all violations with all required permits and inspection approvals, as required by the Technical Codes. Upon determining full compliance with the Technical Codes has occurred, the building official shall, within twenty (20) days of such a determination, file a rescission of notice of violation(s) with the Los Angeles County recorder's office for recording.

Following the recordation of a notice of violation(s) the building official is not required to make any inspection or review of the subject property to determine the continued existence of the noticed violation(s). It is the responsibility of the property owner to obtain all permits and request inspections, undertake and complete all corrective or other required actions to abate the violation(s) and obtain all required inspection approvals from the building official so that a notice of violation(s) may be rescinded.

5. Appeal. Any person having any right, title, lien, or interest in the subject property for which a notice of violation(s) has been recorded may request a hearing to appeal the notice. An unrecorded notice of violation(s) is not appealable. Persons seeking to appeal a recorded notice of violation(s) shall tender a written request for hearing to the building official (at Beverly Hills City Hall/Development Services Division) within thirty (30) days from the building official's completion of service of the notice of violation(s) as required in subsection C3d. If tendered by mail, the request for a hearing shall be addressed as follows:

Building Official

Development Services Division

Beverly Hills City Hall

455 N. Rexford Drive

Beverly Hills, CA 90210

a. If the building official does not receive a request for a hearing in the thirty (30) day period, the right to appeal a recorded notice of violation is waived. A fee is not required to appeal a notice of violation(s).

b. A request for a hearing shall be dated and signed and state the name of the appellant, his/her/its interest in the subject property and shall include his/her/its mailing address, phone number and email address. If a request for a hearing includes several appellants, each one shall provide that information.

c. A request for a hearing shall also include:

(1) The address of the subject property; and (ii) the case number (as recited in the notice of violation(s); and (iii) all objections to the notice of violation(s) or its recordation.

d. A hearing officer appointed by the city manager shall consider an appeal of a recorded notice of violation(s). The hearing shall occur within thirty (30) days of the building official's receipt of a timely request for a hearing. The building official shall give written notice of the time and place of the hearing, by first class mail, to each appellant at least ten (10) days prior to the date of the hearing. Failure of any appellant to receive a properly addressed notice pursuant to this section shall not affect an appeal hearing. Failure of an appellant or his/her/its representative to appear in person for a hearing constitutes a waiver of the right to appeal a recorded notice of violation(s). In that event, the hearing officer shall cancel the hearing. Only objections specifically raised by the appellant(s) in the request for a hearing shall be considered in an appeal hearing. The hearing officer may grant a continuance of the hearing for good cause shown by an appellant or the building official.

e. An audio recording of the hearing shall be made. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Appellants and the building official shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The building official bears the burden of proof at an appeal hearing to establish cause for issuing a notice of violation(s) and for its recordation. The hearing officer must use preponderance of evidence as the standard of review in deciding the issues on appeal.

f. The hearing officer shall, within thirty (30) days of the hearing, render a decision in writing. A copy of the decision shall be served upon the appellant(s) and the building official by first class mail. If the hearing officer finds that there was cause for the building official to have issued the notice of violation(s) to the property owner and also finds that the building official had cause to conclude that the property owner did not properly commence and complete all required actions with all required approvals and permits to correct all violations in the notice by the stated deadline(s), the hearing officer shall uphold the notice of violation(s) and the property owner remains subject to subsection C4. If the hearing officer finds that the building official did not have cause to issue the notice of violation(s) to the property owner or if the hearing officer finds that the building official did not have cause to conclude that the property owner failed to properly commence and complete all required actions with all required approvals to correct all violations in the notice by the stated deadline(s), the building official shall, within twenty (20) days of such a determination by the hearing officer, file a rescission of notice of violation(s) for recording with the Los Angeles County recorder's office.

g. A hearing officer's decision is final.

D. Penalty: Any person violating, or failing to comply with, any of the provisions of this Beverly Hills administrative code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Beverly Hills administrative code and the code is committed, continued, maintained or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.

E. Costs: Any person that violates any provision of this code shall be responsible for the costs of any and all code enforcement actions taken by the building official in response to such violations. These costs shall be based on the amounts specified by the Beverly Hills schedule of fees and taxes as adopted by the city.

Any person violating the provisions of this Beverly Hills administrative code and the code shall reimburse the city for any and all costs, expenses and fees incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing or remediating any violation of this Beverly Hills administrative code or the code. Such costs, expenses and fees to be paid to the city shall include all administrative expenses and all legal expenses, including costs and attorney fees in obtaining compliance and in litigation, including all costs and attorney fees on any appeal. The costs to be recovered pursuant this section shall be recoverable from any and all persons violating this code. When required by law, this provision shall act as a prevailing party provision entitling the prevailing party to an award of attorney fees. Attorney fees shall not be recoverable unless the city elects in writing, at the initiation of any individual action or administrative proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the city in the action or proceeding. Unpaid attorney fees shall be collectible in any manner allowed by law. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019; Ord. 22-O-2868, eff. 1-1-2023)

A. Authority: Where the building official finds any work being performed in a manner either contrary to the provisions of this Beverly Hills administrative code or the code, or other laws and ordinances, or that the work is dangerous and unsafe, the building official is authorized to issue a stop work order.

B. Issuance: The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. No person shall continue with, or allow the continuance of, any work that is subject to an issued stop work order, unless first authorized by the building official in writing.

C. Unlawful Continuance: Persons who disregard or violate, or who permit or allow a stop work order to be disregarded or violated, are subject to section 9-1-117 of this chapter. (Ord. 16-O-2719, eff. 1-20-2017)

A. All buildings, structures, or building service equipment, or portions thereof, that are or hereafter become unsafe, insanitary, or deficient or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to an existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as specified in this code or any other applicable ordinance of the city, are, for the purpose of this code, unsafe buildings or structures. As used herein, "abandonment" exists when a building or structure is not lawfully occupied and contains conditions that violate the Beverly Hills municipal code, and for which all required submittals and fees to repair, demolish or replace said building or structure have not been received by any division of the Community Development Department for a period of six (6) months.

Building service equipment regulated by the Code, which constitutes a fire, electrical or health hazard, or an insanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages.

Unsafe building or structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this Code. A vacant structure that is not secured against entry shall be deemed unsafe. No person shall own, use, occupy or maintain any unsafe building. All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain, correct, or abate a violation of this section, the building official may abate an unsafe condition by repair, rehabilitation, demolition or removal in accordance with the procedure specified in any articles of this chapter. (Ord. 16-O-2719, eff. 1-20-2017)

A. Applicability: This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code section 65850.7.

B. Definitions: The following definitions shall apply for purposes of this section:

ELECTRIC VEHICLE CHARGING STATION OR CHARGING STATION: Any level of electric vehicle supply equipment station that is designed and built in compliance with article 625 of the California Electric Code, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

ELECTRONIC SUBMISSION: A submission of an application utilizing email, the internet, and/or facsimile transmission.

SPECIFIC, ADVERSE IMPACT: 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 an application was deemed complete.

C. Process:

1. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" found in the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The checklist, application form, and any other documents required by the building official shall be published on the City's website.

2. Anyone seeking to install an electric vehicle charging station at any site within the City may apply to the building official for an expedited nondiscretionary building permit.

3. An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.

4. An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the City shall be deemed complete.

5. If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.

6. If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all health and safety requirements of State and Federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.

7. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging station.

8. An application for an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code section 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered.

9. A decision of the building official made pursuant to subsections C6 through C8 of this section may be appealed to the Planning Commission. The Planning Commission's review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.

10. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

D. Fees: The City Council may establish by resolution fees that shall be charged for permits issued under this section. (Ord. 17-O-2739, eff. 11-3-2017)