Sec. 110.01.030. - Rubbish and debris. — Eastvale Planning Code

Every person who constructs, alters, adds to, rehabilitates, places or repairs any building structure or building service equipment is subject to the following provision relating to rubbish and debris:

(1)

Collection and disposal. During the process of constructing a building or structure, the construction site and the general area around the site shall be kept clear of rubbish and debris that result from the construction activities. Rubbish and debris shall not be allowed to accumulate on or be blown from the site and shall be placed inappropriate containers or removed from the construction site to an authorized disposal area. All containers shall be emptied periodically at an authorized disposal area so they will remain usable for the collection of rubbish and debris. When the building or structure is completed, a final cleanup of the site shall be conducted by the permittee.

(2)

Inspections. A permit holder shall not be entitled to, and no building inspector shall make an inspection of any phase of completed construction work, including the final inspection, if the construction site or general area thereof contains an accumulation of construction rubbish and debris. If a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a reinspection fee may be assessed and required to be paid prior to a request for reinspection is made. Failure to maintain a construction site clear of waste and other trash or debris, and in such a manner that is determined to constitute a health and safety hazard or constitutes a public nuisance, shall result in the issuance of a stop work order.

(3)

Definition. The term "rubbish and debris," for the purpose of this section, includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings and similar materials that result from the process of constructing a building or structure.

(Ord. No. 2010-08, § 2, 1-12-2011)

CHAPTER 110.02. - ADMINISTRATIVE CODE

Sec. 110.02.010. - Title and scope.

(a)

Title. This chapter shall be known as the "Eastvale Administrative Code.

(b)

Scope. The provisions of this chapter shall serve as the administrative, organizational and enforcement rules and regulations for all of this title and Chapter 110.01.

Exemption for Pending Applications. This chapter shall not apply to any building or structure for which application for a plan check, construction or demolition was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions in effect at the date of said application.

(c)

Intent. The purpose of this chapter is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress, facilities, stability, sanitation, adequate light and ventilation, energy conservation, 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.

(d)

Referenced Codes. The Codes listed in Section 110.02.040.D and referenced elsewhere in this section, shall be considered part of the requirements of the municipal code to the prescribed extent of each such reference.

(1)

Building Code. The provisions of this code shall apply to the constructions, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structures or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.

2.

Residential Code. Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.

Exception: the following shall be permitted to be constructed in accordance with the California Residential Code where the provided with a residential fire sprinklers system complying with California Residential Code section R313:

1.

Live/work units complying with the requirements of Section 419 of the California Building Code.

2.

Owner-occupied lodging houses with five or fewer guestrooms.

A care facility with five or fewer persons receiving custodial care within a dwelling unit.

4.

A care facility for five or fewer persons receiving medical care within the dwelling unit.

5.

A care facility for five or fewer persons receiving care that are within the dwelling unit.

3.

Electric Code. The provisions of this code shall apply to the constructions, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structures or any appurtenances connected or attached to such buildings or structures.

4.

Gas. The provisions of the California Mechanical Code, California Code of Regulations, Title 24, Part 4 and/or the California Plumbing Code, California Code of Regulations, Title 24, Part 5 shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

5.

Mechanical. The provisions of the California Mechanical Code, California Code of Regulations, Title 24, Part 4 shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, airconditioning and refrigeration systems, incinerators and other energy-related systems.

6.

Plumbing. The provisions of the California Plumbing Code, California Code of Regulations, Title 24, Part 5 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.

7.

Fire Prevention. The provisions of the California Fire Code, California Code of Regulations, Title 24, Part 9 as amended by Eastvale Municipal Article III, Chapter 3 shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal

of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

8.

Energy. The provisions of the California Energy Code, California Code of Regulations, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.

9.

Historical. The provisions of the California Historical Building Code, California Code of Regulations, Title 24, Part 8 shall apply to the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties (Chapter 8-2 of CHBC). The intent of the CHBC is to facilitate the preservation and continuing use of qualified historical buildings occupants and access for persons with disabilities.

10.

Existing Buildings. California Existing Building Code, California Code of Regulations, Title 24, Part 10, as amended by this code, shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

11.

Green Building. California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, as amended by this code, shall apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the State of California. It is not the intent that this code substitute or be identified as meeting the certification requirements of any green building program.

12.

Referenced Standards. California Referenced Standards Code, California Code of Regulations, Title 24, Part 12 shall apply to recognized standards for various methods of construction, testing of materials and installations of materials and systems.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.020. - Applicability.

(a)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

(b)

Other Laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, State or federal law.

(c)

Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter.

(d)

Referenced Codes and Standards. The codes and standards referenced in the codes shall be considered part of the requirements listed in section 110.02.010.D to the prescribed extent of each such reference and to further regulated in sections 110.11.005.4.01 through 110.005.4.02.

(1)

Conflicts. Where conflicts occur between provisions listed in section 110.02.010.D and referenced codes or standards, the provisions of the code shall apply.

(2)

Provisions in referenced codes and standards. Where the extent of the referenced to a referenced code or standard includes subject matter that is within the scope listed in section 110.02.010.D, the provisions of section 110.02.010.D, as applicable, shall take precedence over the provisions of the referenced code or standard.

(d)

Partial Invalidity. If any part or provision of section 110.02.010.D is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

(e)

Existing Structures. The legal occupancy of any structure existing on the date of adoption of the ordinance codified in this chapter shall be permitted to continue without change, except as is specifically covered in section 1110.02.010.D.

(1)

Building not previously occupied. A building of portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completions shall comply with the provisions of the California Building Code or California Residential Code, as applicable, for new construction or with any current permit for occupancy.

(2)

Building previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided on this code, the California Fire Code or California Existing Building Code, or as is deemed necessary by the building official for general safety and welfare of the occupants and the public.

(3)

Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.030. - Division of building and safety.

(a)

Creation of Enforcement Agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official.

(b)

Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.

(c)

Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a Deputy Building Official, related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the California Existing Building Code.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.040. - Duties and powers of building official.

(a)

General. The Building Official is hereby authorized and directed to enforce the provisions listed in section 110.02.010.D. The Building Official shall have the authority to render interpretations of the codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall follow the intent and purpose listed in section 110.02.010.D. Such policies and procedures shall not have the effect of waiving requirements specifically listed in section 110.02.010.D.

(b)

Applications and Permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, alteration, and demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the codes.

(1)

Determination of substantially improved of substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall

determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvements listed in section 110.02.010.D, the building official shall require the building to meet the requirements of California Building Code section 1612 and California Residential Code section R322.

(c)

Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with the codes.

(d)

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.

(e)

The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under the California Codes listed in section 110.02.010.D.

(f)

Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the California Codes listed in section 110.02.010.D, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the codes which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the codes; 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. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

(g)

Department 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 for the period required for retention of public records.

(h)

Liability. The Building Official, member of the Board of Appeals or employee charged with the enforcement of the codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the California Codes listed in section 8101.4 or other pertinent law or ordinance, shall not

thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

(1)

Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the California Codes listed in section 110.02.010.D shall be defended by legal representative of the City until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the codes.

(i)

Approved Materials and Equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval.

(1)

Used Materials and Equipment. Materials that are used shall meet the requirements of California Codes listed in section 110.02.010.D for new materials. Used equipment and devices shall not be reused unless approved by the Building Official.

(j)

Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the California Codes listed in section 110.02.010.D, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of the codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

(1)

Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by California Building Code section 1612.3 or California Residential Code section R302.2(1) unless a determination has been made that:

i.

A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of California Building Code section 1612 or California Residential Code section R322 inappropriate.

ii.

A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

iii.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict existing laws or ordinances.

iv.

A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

v.

Submission to the applicant of written notice specifying the difference between the design flood elevation and elevation to which the building is to be commensurate with the increased risk result from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

(k)

Alternative Materials, Design and Methods of Construction and Equipment. The provisions of the codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of the codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the codes in quality, strength, effectiveness, fire resistance, durability and safety.

(l)

Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the codes, shall consist of valid research reports from approved sources.

(m)

Tests. Whenever there is insufficient evidence of compliance with the provisions of the codes, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in the codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.050. - Permits.

(a)

Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.

(b)

Work Exempt from Permit. Exemptions from permit requirements of the codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

(1)

One (1) story detached accessory structures, provided that the floor area does not exceed one hundred twenty (120) square feet (eleven (11) m[2 ] .

(2)

Fences not over seven (7') feet (two thousand and thirty four' (2134) mm) high measured from the top fence to lowest finished grade.

(3)

Masonry Block Walls three (3') feet (nine hundred and fourteen (914) mm) high measured from the top masonry block walls to the lowest finished grade.

(4)

Oil derricks.

(5)

Retaining walls that are not over four (4') feet (one thousand two hundred nineteen (1,219) mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

(6)

Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons (eighteen thousand nine hundred twenty-five (18,925) L) and the ratio of height to diameter or width does not exceed two (2) to one (1).

(7)

Sidewalks and Driveway.

(8)

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(9)

Temporary motion picture, television and theater stage sets and scenery.

(10)

Prefabricated swimming pools accessory to a Group R-3 occupancy or a one (1) or two (2) family dwelling, that are less than twenty-four (24") inches (six hundred ten (610) mm) deep and are installed entirely above ground.

(11)

Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(12)

Swings, other playground equipment and tree houses accessory to detached one (1) and two (2) family dwellings.

(13)

Window awnings supported by an exterior wall that do not project more than fifty-four (54") inches (one thousand three hundred seventy-two (1,372) mm) from the exterior wall and do not require additional support of Group R-3 occupancies, a one (1) or two (2) family dwelling, and Group U occupancies.

(14)

Replacement, repair or overlay of one hundred (100) square feet or less of an existing roof covering within any twelve (12) month period on the same building.

(15)

Nonfixed and movable fixtures, cases, racks, counters and partitions five feet nine inches (5'9") or less (one thousand seven hundred fifty-three (1,753} mm) in height.

Electrical:

(1)

Listed cord-and-plug connected temporary decorative lighting.

(2)

Reinstallations of attachment plug receptacles but not the outlets therefor.

(3)

Replacement of branch circuit over current devices of the required capacity in the same location.

(4)

Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.

(5)

Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(6)

Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.

(7)

A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

(8)

Installations of railways for generation, transformation, transmission, energy storage, or distribution of power used exclusively for signaling and communications purpose.

(9)

Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installation.

(10)

Installation under the exclusive control of an electric utility here such installations:

a.

Consist of service drops or service laterals and associated metering, or

b.

Are on property owned or leased by electric utility for the propose of communications, metering, generation, transformation, transmission, energy storage, or distribution of electric energy, or

c.

Are located in legally established easements or rights-of-ways, or

d.

Are located by other written agreement either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. These written agreements shall be limited to installations for the purpose of communications, metering, generation,

transformation, transmission, energy storage, or distribution of electric energy where legally established easements or rights-of-way cannot be obtained.

Gas:

(1)

Portable heating, cooking or clothes drying appliances.

(2)

Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

(3)

Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

(1)

Portable heating appliance, portable ventilation equipment, portable cooling unit, or portable evaporative cooler.

(2)

A closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by California Mechanical Code.

(3)

Replacement of any component part that does not alter its original and is in accordance with other applicable requirements of California Mechanical Code.

(4)

Replacement equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of the California Mechanical Code.

(5)

A unit refrigerating system.

Plumbing.

(1)

The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove

and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

(2)

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and 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 replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.

(d)

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.

(e)

Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Safety for that purpose. Such application shall:

(1)

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

(2)

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indicate the use and occupancy for which the proposed work is intended.

(4)

Be accompanied by construction documents and other information as required in Section 110.02.010.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant, or the applicant's authorized agent.

(7)

Give such other data and information as required by the Building Official.

(f)

Action on Application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of the codes, laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.

(g)

Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred and eighty (180) days after the date of filing, unless such application has been pursed in good faith or a permit has been issued: except the Building Official is authorized to grant one (1)

extension of time for additional periods not exceeding one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. An application shall not be extended if this chapter or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(h)

Application for demolition. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Safety for that purpose. Such application shall:

(1)

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

(2)

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indicate the use and occupancy for the structure on the site or parcel.

(4)

The site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or parcel.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant, or the applicant's authorized agent.

(7)

Give such other data and information as required by the Building Official.

(8)

The dates upon which demolition will begin, and the length of time the demolition activity will occur.

(i)

(j)

Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred and eighty (180) days after the date of filing, unless such application has been pursed in good faith or a permit has been issued: except the Building Official is authorized to grant one (1) extension of time for additional periods not exceeding one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. An application shall not be extended if this chapter or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(k)

Validity of Permit. The issuance or granting of a permit 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 other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the City.

(l)

Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within twelve (12) months after its issuance, or if the work authorized on the site by such permit is abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The Building Official is authorized to grant, in writing, up to one (1) extension of time for action by the permittee for a period not exceeding one hundred eighty (180) days each time upon payment of appropriate

fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

Time limitation for permit as the result of code enforcement action shall expire by limitation and become null-and-void sixty (60) days after the date on which the permit is issued. The Building Official is authorized to grant, in writing, up to one (1) extensions of time for action by the permittee for a period not exceeding one hundred eighty (180) days each time upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

(m)

Suspension or Revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of the codes wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions listed in section 110.02.010 D 1—110.02.010 D 12.

(n)

Placement of Permit. The building permit or copy shall be kept on the site of the work until the completion of the project.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.060. - Floor and roof design loads.

(a)

Live Loads Posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building are or have been designed to exceed fifty (50) psf (two and four-tenths (2.40) kN/m[2 ] ), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

(b)

Issuance of Certificate of Occupancy. A certificate of occupancy required by section 110.02.120 shall not be issued until the floor load signs, required by section 110.02.060, have been installed.

(c)

Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof a load greater than is permitted by this code.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.070. - Submittal documents.

(a)

Submittal documents consisting of construction documents, statements of special inspections, geotechnical report and other data shall be submitted in two (2) or more sets with each permit application. The construction documents shall be prepared by a registered design professional unless exempted by Section 5537 of the Business and Professions Code. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

(b)

Construction Documents. Construction documents shall be in accordance with sections 110.02.070 B 1 through 110.02.070 B 9.

(1)

Information on Construction Documents. Construction documents shall be dimensioned and drawn 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.

(2)

Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to Fire Department indicate conformance to this California Building Code, California Fire Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in California Building Code and California Fire Code.

(3)

Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

(4)

Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening

details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

(5)

Exterior Balconies and elevated walking surfaces. Where balconies and 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, the contraction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include the manufacturer's installation instructions.

(6)

Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

(7)

Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with California Building Code section 1612.3.1 or California Residential Code R301.2(1) and R322.

(8)

Structural Information. The construction documents shall provide the information specified in California Building Code Section 1603 or for buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top bottom shall be provided.

(9)

Relocatable buildings. Construction documents for relocatable buildings shall comply with California Building Code section 3112.

(c)

Examination of Documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the codes and other pertinent laws or ordinances.

(1)

Approval of Construction Documents. When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as ''Approved or Reviewed for Code Compliance." One (1) 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.

(2)

Previous Approvals. The Codes listed in section 110.02.010.D shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which complies with the codes and ordinances adopted by the jurisdiction at the time the permit was issued and has been pursued in good faith within one hundred eighty (180) days after the effective date of this code and has not been abandoned.

(3)

Phased Approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of the Codes listed in section 110.02.010.D. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. All proposed phased projects shall be subject to additional examination, approval and inspection fees.

(4)

Design Professional in Responsible Charge. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in charge who shall perform duties required of the original registered design professional in charge. The Building Official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

i.

Deferred Submittals. For the purposes of this section, "deferred submittals" are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period. Deferral of any submittal items shall have the prior approval of the Building Official.

The registered design professional in responsible charge 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 registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Building Official.

(d)

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. The amended construction documents shall be submitted, reviewed and approved and fees paid before scheduling inspection of that portion of the amended work.

(e)

Retention of Construction Documents. One (1) set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty (180) days from date of completion of the permitted work, or as required by State or local laws.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.080. - Temporary structures and uses.

(a)

General. The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days. The Building Official is authorized to grant extensions for demonstrated cause.

(b)

Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the codes as necessary to ensure public health, safety and general welfare, and shall comply with the requirements of California Building Code Section 3103.

(c)

Temporary Power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The Building Official is authorized to terminate such use of temporary power when found to be noncompliant with codes, ordinances and regulations of the jurisdiction or is found to be unsafe. The Building Official shall issue a notice of noncompliance to the utility provider and when possible to the owner or owner's authorized representative and the building occupant, when

termination of temporary power is necessary. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in California Electric Code.

(d)

Termination of Approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.090. - Fees.

(a)

Payment of Fees. A permit shall not be valid until the fees prescribed as set forth in the City of Eastvale Schedule of Fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

(b)

Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the Schedule of Fees established by resolution of the City Council.

(c)

Building Permit Valuation. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official.

(d)

Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee to be made before any permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued for the illegal work. The investigation fee shall be equal to the amount of a permit fee required by this chapter for the commenced or completed work as set forth in the City adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title, nor from any penalty prescribed by law.

(e)

Related Fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

(Ord. No. 23-12, § 2, 1-11-2023)

Sec. 110.02.100. - Refunds.

(a)

The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

(b)

The Building Official may authorize the refunding of not more than eighty {80%) percent of the permit fee paid when no work has been done under a permit issued in accordance with this title. The Building Official may authorize the refunding of not more than eighty (80%) percent of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started.

(c)

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. No. 23-12, § 2, 1-11-2023)