La Mesa Municipal Code Ch. 14.11 Uniform Administrative Code

There is hereby adopted by the city of La Mesa for the purpose of establishing the administration, organization and enforcement rules and regulations for the technical codes adopted by the city of La Mesa, the Uniform Administrative Code, 1997 Edition, as published by the International Conference of Building Officials, one copy of which is on file in the office of the city clerk and is available for public inspection as required by law.

(Ord. 2536 § 7; August 22, 1989: Ord. 2604 § 6; June 23, 1992: Ord. 96-2663 § 6; January 9, 1996: Ord. 99-2697 § 2; June 22, 1999)

Section 204.1 of the Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended to read as follows:

Section 204.1 General.

In order to determine the suitability of alternate materials and methods of construction, when such alternate does not affect the health, safety and welfare of the occupants and the general public, and to provide for reasonable interpretation of the provisions of this Code, there shall be and is hereby created a Board of Appeals consisting of seven members including the five members of the City Council and two additional members who are qualified by experience and training to pass upon matters pertaining to building construction.

The two additional members of the Board of Appeals shall serve for an indefinite period subject to the pleasure of the City Council and shall be appointed by the Mayor and confirmed by the City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Chief Building Official with a duplicate copy to the appellant.

The Chief Building Official shall be an ex-officio member of the Board who shall not be entitled to vote.

(Ord. 2536 § 7; August 22, 1989: Ord. 96-2663 § 7; January 9, 1996)

Section 205 of the Uniform Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended to read as follows:

Any person, firm, or corporation violating any of the provisions of this Code or the technical codes shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Ord. 2536 § 7; August 22, 1989: Ord. 2604 § 7; June 23, 1992: Ord. 96-2663 § 7; January 9, 1996)

Section 301.2 of the Uniform Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended to read as follows:

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

1. One-story detached accessory building used as tool and storage sheds in residential zones, playhouses, treehouses and similar uses provided the floor area does not exceed 120 square feet.

2. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities.

3. Fences not over 6 feet high which do not enclose a swimming pool.

4. Oil derricks.

5. Movable cases, counters and partitions not over 5 feet 9 inches high.

6. Retaining walls which are not over 4 feet 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 III-A liquids.

7. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one.

8. Platforms, walks, driveways, and exterior private stairways serving R-1 and R-3 occupancies not more than 30 inches above grade and not over any basement or story below.

9. Painting, papering and similar finish work.

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

11. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than 54 inches.

12. Prefabricated swimming pools less than 24″ in depth.

13. Antennas supported on the roof.

14. Light standards, flag poles, and antennas not over 35 feet in height above finish grade when fully extended.

15. Repairs which involve only the replacement of component parts or existing work with similar materials only for the purpose of maintenance and which do not aggregate over $1,000.00 in valuation and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements without limit to valuation are:

15.1 Painting and decorating.

15.2 Installation of floor covering.

15.3 Cabinet work.

15.4 Outside paving.

16. The following work in connection to Group R, Division 3 and Group M Occupancies:

16.1 Detached carports up to 400 square feet of projected roof area and at least 3 feet from any other building and any property line which comply with requirements of the City Zoning Ordinance.

16.2 Patio covers up to 400 square feet of projected roof area and at least 3 feet from any property line which comply with requirements of the City Zoning Ordinance.

16.3 Re-plastering and replacement of exterior siding on existing building.

16.4 (I) Fences which comply with the requirements of the City Zoning Ordinance.

(ii) Freestanding masonry walls not over 6 feet high which comply with the requirements of the City Zoning Ordinance.

16.5 Re-roofs of existing building when the new roofing material is not heavier than the existing roofing material.

16.6 Dual glazed skylights, which are approved by the International Conference of Building Officials (ICBO) when they are not greater than 48 inches × 48 inches in size.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

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

3. Irrigation systems accessory to Group R Division 3 or Group M Occupancies when installed with an approved backflow preventer.

(Ord. 2536 § 7; August 22, 1989: Ord. 2604 § 7; June 23, 1992: Ord. 2660 §§ 1—3; October 17, 1995: Ord. 96-2663 § 7; January 9, 1996: Ord. 2000-2707 § 1; October 10, 2000; Ord. 2019-2874, § 7, November 12, 2019)

Section 303.4 of the Uniform Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended to read as follows:

303.4 Expiration. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one calendar year from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within one year of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit.

Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained.

1. Permits where work has not commenced. For permits where work has not commenced in the first calendar year from the date of issuance, a renewal permit may be obtained provided that:

1.1 No changes have been made or will be made in the original plans and specifications for such work;

1.2 The expiration has not exceeded three years from the original issuance date;

1.3 The same edition of the model codes are in effect as used in the initial plan check;

1.4 A fee equal to one-half the amount required for a new permit be paid.

The renewal permit shall expire three calendar years from the date of initial permit issuance.

Where later editions of the model codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. The renewal permit shall expire three calendar years from the date of initial permit issuance.

2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that:

2.1 No changes have been made or will be made in the original plans and specifications for such work;

2.2 The expiration has not exceeded three years from the original issuance date;

2.3 A fee equal to one-half the amount required for a new permit be paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one-quarter the amount required for a new permit shall be paid.

A renewal permit shall expire three calendar years from the date of initial permit issuance.

3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that:

3.1 Construction in reliance upon the building permit has commenced and has been approved;

3.2 No changes have been made or will be made in the original plans and specifications for such work;

3.3 A fee equal to the full amount required for a new permit be paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of 3.1, 3.2, and 3.3 as stated in this subsection are met.

4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons they are unable to continue work within the time required by this section. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

(Ord. 2536 § 7; August 22, 1989: Ord. 2604 § 7; June 23, 1992: Ord. 96-2663 § 7; January 9, 1996)

Section 303 of the Uniform Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended by adding the following:

303.6 Permit Denial. The Chief Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 14.06 and 19.01 of the La Mesa Municipal Code, or where exists unlawful construction, or where exists a significant violation of the La Mesa Municipal Code.

(Ord. 2536 § 7; August 22, 1989: Ord. 2604 § 7; June 23, 1992: Ord. 96-2663 § 7; January 9, 1996)

Section 304 of the Uniform Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended to read as follows:

Fees:

Section 304.1 General. Fees shall be assessed in accordance with the provisions of the fee resolution adopted by the City Council.

304.2 Permit Fees. The fee for each permit shall be as set forth in the fee resolution adopted by 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 building official may utilize the Building Valuation Multipliers Schedule as approved by the San Diego Area Chapter of the International Conference of Building Officials to assist in the determination of valuation. The value to be used in computing the building permit and building 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 any other permanent equipment.

304.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 302.3, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee for buildings or structures shall be 65 percent of the building permit fee as set forth in the fee resolution adopted by the City Council.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees.

Where plans are incomplete or changed so as to required additional plan review, or where required corrections to plans have not been made, an additional plan review fee shall be paid at the hourly rate for plan check services as set forth in the fee resolution adopted by the City Council.

304.4 Expiration of Plan Review. Applications for which no permit is issued within one year following the date of application 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. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

304.5 Investigation Fees: Work Without a Permit.

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

304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the fee resolution adopted by the City Council.

If, upon completion of an initial investigation, work has continued in violation of any specific notice or order of the Chief Building Official, the Chief Building Official shall conduct subsequent investigations as may be required to secure compliance with said notice and orders and an investigation fee shall be collected for each and every subsequent investigation performed.

The payment of such investigation fees shall not exempt any person from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by law.

304.6 Fee Refunds.

304.6.1 The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

304.6.2 The building official may authorize the refunding of not more than 80 percent of the permit fee when no work has been done under a permit issued in accordance with this code.

304.6.3 The building official may authorize the refunding of not more than 80 percent 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 before any plan reviewing is done.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(Ord. 2536 § 7; August 22, 1989; Ord. 2604 § 7; June 23, 1992: Ord. 96-2663 § 7; January 9, 1996)

Section 305.5.1 of the Uniform Administrative Code adopted by reference in Section 14.11.010 hereof is hereby amended by adding the following:

Prior to the first foundation inspection of any new building, and prior to the first foundation inspection of any addition to an existing building located within a distance of three (3) feet or less of a property line, a written statement prepared and signed by a registered civil engineer licensed to practice land surveying or a licensed land surveyor shall be submitted to the Chief Building Official stating that under penalty of perjury said civil engineer or land surveyor is familiar with the rough grade elevations and building location requirements shown on the approved plans, that said civil engineer or land surveyor has surveyed the site including rough grade elevations and building foundation location, and that the building foundation location and rough grade elevations are in substantial compliance with the plans approved by the City of La Mesa.

The chief building official may grant exemptions to these requirements for accessory structures, on a case-by-case basis, when sufficient physical evidence (such as survey monuments) exists from which it can be demonstrated that the accessory structure is located in relation to property lines as shown on the approved plans.

(Ord. 2536 § 7; August 22, 1989: Ord. 2604 § 7; June 23, 1992: Ord. 96-2663 § 7; January 9, 1996)