Diamond Bar Municipal Code Div. 2 Administration Code

Footnotes:

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Editor's note— Ord. No. 04(2019), § B.2., adopted Dec. 3, 2019, repealed the former Div. 2, §§ 15.00.010—15.00.030, and enacted a new Div. 2 as set out herein. The former Div. 2 pertained to similar subject matter and derived from Ord. No. 10(2016), § 2, adopted Nov. 15, 2016.

Cross reference— Administration and personnel, Tit. 2.

Except as amended by Section 15.00.120, Chapter 1, Division II of the 2025 California Building Code, is hereby adopted and incorporated herein by reference as though fully set forth in this division and shall constitute the administration code of the city.

(Ord. No. 04(2019), § B.2., 12-3-19; Ord. No. 03(2022), § 2, 11-15-22; Ord. No. 03(2025), § 2, 11-18-25)

(1) Section 104.6 of the California Building Code is amended to read as follows:

104.4 Right of entry. The building official, or their duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the building official, or their authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless they possess a warrant authorizing entry and search of the premises. No person shall hinder or prevent the building official, or their authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under their jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein.

(2) Section 105.1 of the California Building Code is amended to read as follows:

105.1 Permits required. Except as specified in Section 105.2, no building or structure regulated by this Code shall be used, erected, constructed, enlarged, altered, repaired, moved, improved, removed, occupied, maintained, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit.

(3) Section 105.2 of the California Building Code is amended to restate exemptions 1, 4, and 9 as follows:

105.2 Work exempt from permit.

1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided (a) the floor area is not greater than 120 square feet (11 m 2 ); (b) the structure does not exceed 8 feet (2.44 m) in height; (c) the structure has no plumbing or electrical installations or fixtures; and (d) the structure is separated from any other accessory structures by a minimum distance of 6 feet (1.83 m)

2. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom of footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.

3. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy that are less than 24 inches deep (610 mm), are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

(4) Section 105.3 of the California Building Code is amended to read as follows:

105.3 Application for permit. Application for a permit to perform the work shall be made in writing to the building official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the building official.

(5) Section 105.3.2 of the California Building Code is amended to read as follows:

105.3.2 Expiration of plan review. Applications for which no permit is issued within one-hundred-eighty (180) days following the date of filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Where applicable, CA Health and Safety Code 18938.5 to 18938.6 shall apply.

(6) Section 105.5 of the California Building Code is amended to read as follows:

105.5 Expiration. Except as set forth in Sections 105.5.1 and 105.5.2, every permit issued shall expire by limitation and become null and void as follows:

(i) Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within twelve (12) months after permit issuance, and if a successful inspection has not been obtained from the building official within one hundred eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. The building official may extend the time for action by the applicant in writing for a period not exceeding one hundred eighty (180) days beyond the latest expiration limit upon written request by the applicant, filed with the building official prior to expiration of the original permit. Where applicable, CA Health and Safety Code 18938.5 to 18938.4 shall apply but shall not negate the requirement for a successful inspection.

(ii) In the event of permit expiration and before work for which such permit was required can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit"). The applicant must pay all applicable renewal fees, in the amount then established by resolution of the City Council. If a renewal permit is applied for, the building official shall have the discretion to request a site inspection prior to its issuance and a miscellaneous inspection fee shall be paid by the applicant prior to inspection. The inspection fee shall be as specified by resolution of the City Council. In addition, the applicant may be required to resubmit plans and specifications, when deemed necessary by the building official to verify compliance with the building codes, ordinances, regulations, standards, and laws in effect at the time the renewal permit is applied for.

(iii) Upon issuance of a renewal permit, the building official may allow the applicant to commence or recommence such work from the last successful inspection of record under the original permit. When an expired building permit includes expired sub-permits, activation of the renewal permit shall activate all subsequent expired sub-permits. All work to be performed under a renewal permit must be completed in accordance with the building codes, ordinances, regulations, standards, and laws in effect on the date of issuance of the renewal permit.

(iv) Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45 days of the date such permit was issued or as otherwise specified by the building official.

(7) Section 105.5.2 is added to the California Building Code to read as follows:

105.5.2 Expiration of permit for unlawful structure. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an un-permitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 90 days after the date on which the permit was issued if all work has not been completed and final inspection approved by the building inspector per Section 110.3.12 prior to the close of the 90 day period. The building official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. Where a project cannot reasonably be completed within the timeframes listed in this Section, an applicant may request in writing, prior to issuance of permit or prior to expiration of permit, building official approval of a longer period not to exceed 360 days in total, inclusive of all available extensions.

(8) Section 105.8 is added to the California Building Code to read as follows:

105.8 Qualifications of permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers' Compensation Insurance is presented to the building official.

EXCEPTION: Owner-builder permit may be issued for specified occupancies in accordance with California law.

(9) Section 109.1 of the California Building Code is amended to read as follows:

109.1 Permit fees. The fees required in this Chapter shall be paid to the City of Diamond Bar for all work for which a permit is required by this Title.

(10) Section 109.4 of the California Building Code is amended to read as follows:

109.4 Work commencing before permit issuance. Failure to obtain a permit and to pay fees therefore before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council.

(11) Section 109.6 of the California Building Code is amended to read as follows:

109.6 Fee refunds. The building official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this Section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the building official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council.

(12) Section 109.7 is added to the California Building Code read as follows:

109.7 Plan review fees. When a plan or other data is required to be submitted for review and approval by the building official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council.

(13) Section 110.3.4.2 is added to the California Building Code to read as follows:

110.3.4.2 Accessibility rough inspection. Accessibility rough inspections shall be made at the same time with rough frame inspections outlined in Section 110.3.4. Framing shall be verified for accessible dimensions and site access features shall be prepared, non-accessible features demolished, and measurements verified for installation of curb ramps, slope of surfaces, future concrete or asphalt installation, signage locations prepared, discrepancies between plans and site conditions resolved, and any other accessible features as determined by the building official.

(14) Section 113.1 of the California Building Code is amended to read as follows:

113.1 Appeals. A decision of the building official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the building official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the building official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the building official.

(15) Section 113.3 of the California Building Code is amended to read as follows:

113.3 Board of Appeals. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 113.1. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The building official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the building official. The permittee appealing the decision of the building official shall cause, at his own expense, any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the building official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record.

The determination of value or valuation under any of the provisions of this Chapter shall be made by the building official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems, and all other permanent equipment.

(Ord. No. 04(2019), § B.2., 12-3-19; Ord. No. 03(2022), § 2, 11-15-22; Ord. No. 03(2025), § 2, 11-18-25)

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this division.

(Ord. No. 04(2019), § B.2., 12-3-19; Ord. No. 03(2022), § 2, 11-15-22; Ord. No. 03(2025), § 2, 11-18-25)