Long Beach Municipal Code Ch. 18.03 Administration and Enforcement

A. General. There is established in the City a Department known and designated as the Department of Community Development. In addition to the duties imposed upon said Department by the City Charter and other ordinances of the City, the Building and Safety Bureau of said Department is designated to enforce all of the provisions of State law applicable to the erection or construction of buildings or structures pursuant to Section 17960 of the California Health and Safety Code, except such provisions relating to maintenance, sanitation, occupancy and use which affect the health and welfare of occupants and which shall be designated by the City Manager as the responsibility of the City Health Officer or a duly authorized representative.

B. Appointment. The City Manager shall, upon recommendation of the Director, appoint the Building Official as shall be required and shall be authorized from time to time by ordinance.

C. Deputies. The City Manager shall, upon recommendation of the Director, appoint such officers, inspectors, plans examiners and other employees as shall be required and shall be authorized from time to time by ordinance.

D. Certification. All construction inspectors, plans examiners and Building Official as defined in Sections 18949.25 through 18949.27 of the California Health and Safety Code shall obtain certification when required by Section 18949.28 of the California Health and Safety Code from a recognized state, national, or international association, as determined by the City. The area of certification shall be closely related to the primary job function, as determined by the City.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

Editor's note— ORD-25-0019 amended the title of § 18.03.010 to read as herein set out. The former § 18.03.010 was entitled "Department of Development Services."

A. General. The Building Official is hereby authorized and directed to enforce the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State and to make all plan examinations and inspections pursuant to the provisions of each such regulation. The Building Official shall also perform such other duties relating to the functions of the Department as may be required of him or her by general law, or by ordinance. For such purpose, the Building Official shall have the powers of a police officer. Any order of the City requiring alterations or repairs to any building shall be issued only by authorization of the Building Official. The Building Official shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this title. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this title, municipal code or other ordinances of the City, or laws and statutes of the State.

B. Applications and permits. The Building Official shall receive applications, examine construction documents and issue permits for the erection, addition, alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.

For applications for reconstruction, rehabilitation, repair, alteration, addition and other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvements or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this title, municipal code or other ordinances of the City, or laws and statutes of the State, the Building Official shall require the building to meet the requirements of Section 1612 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R306 of the California Residential Code adopted in Chapter 18.41.

C. Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State. Every such notice or order shall be in writing, addressed to the owner, agent or person responsible for the structure or premises in which such violations or unsafe condition exists and shall specify the date or time when such notice or order shall be complied with, which time shall allow a reasonable period in which such notice or order can be complied with by the person, firm or corporation receiving such notice or order in the judgment of the Building Official. No person, firm or corporation shall refuse, fail or neglect to comply with any such notice or order issued by the Building Official.

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 inspection 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.

E. Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this title.

F. Right of entry. Where it is necessary to make an inspection to enforce the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State, 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 provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State 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 this title, 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.

When the Building Official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as provided in this section, to properly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this title.

G. Authority to require exposure of work. Whenever any work on which called inspections are required as enumerated in Chapter 18.07 is covered or concealed by additional work without first having been inspected, the work shall be exposed for inspection upon written notice by the Building Official. The work of exposing and recovering shall not entail expense to the City.

H. Authority to stop work. Whenever any construction work is being done contrary to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State enforced by the Building Official, the Building Official shall have the authority to issue a written notice to the responsible party to stop work on that portion of the work on which the violation has occurred. The notice shall state the nature of the violation and no work shall be done on that portion until the violation has been rectified and approval obtained from the Building Official.

I. Authority to stop use or occupancy. Whenever any portion of a building is loaded in excess for which it was constructed, or it houses a use or occupancy other than that for which it was constructed, or is determined to be an unsafe building or structure pursuant to Chapter 18.20, or there is an encroachment upon any required court, yard or easement, the Building Official shall have the authority to order by written notice that such violation be discontinued.

The written notice shall state the nature of the violations and shall fix a time for the abatement thereof. If the violations have not been abated by the expiration of the fixed time, the Certificate of Occupancy shall thereupon be canceled.

J. Authority to disconnect electrical service. Whenever any electrical installation regulated by the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State is found to be defective, the Building Official shall have the authority to disconnect or to order the discontinuance of electrical service to such installation until the installation has been made safe, and any person, firm, corporation, political subdivision or governmental agency ordered to discontinue such electrical service shall do so within twenty four (24) hours or as determined by the Building Official after the receipt of such notice and shall not reconnect such service or allow the same to be reconnected until notified to do so by the Building Official.

K. Authority to disconnect utilities. Whenever any mechanical installation regulated by the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State is found to be defective that may pose an immediate hazard to life or property, the Building Official shall have the authority to disconnect or to order the discontinuance of fuel-gas utility service, or energy supplies, to the building, structure, premises or equipment in case of emergency. The Building Official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter and shall not reconnect such service or allow the same to be reconnected until such installation has been made safe and was notified to do so by the Building Official.

L. Authority to condemn equipment. Whenever any equipment regulated by the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State has become hazardous to life, health, or property, the Building Official shall have the authority to condemn equipment when such equipment cannot be restored to a condition of safety or be dismantled or removed from its present location. The Building Official shall provide written notice to the owner or occupant of the building, structure, premises or equipment of such order and shall fix a time limit for compliance. No person shall use or maintain the defective equipment after receiving such notice.

M. Authority to discontinue supply gas or water. Whenever any unsanitary conditions exist or that any construction or work regulated by the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State is dangerous, unsafe, unsanitary or a menace to life, health or property or is in violation of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State, the Building Official, upon determining such information to be fact, shall have the authority to order any person, firm or corporation using or maintaining any such condition, or responsible for the use or maintenance thereof, to discontinue the use or the maintenance thereof or to repair, alter, change, remove or demolish the same as the Building Official may consider necessary for the proper protection of life, health or property; and in the case of any gas piping, gas appliance or water piping and any water using fixture or device, may order any person, firm or corporation supplying gas or water to such piping, appliance, fixture or device to discontinue supplying gas or water thereto until such piping, appliance, fixture or device is made safe to life, health and property.

N. Authority to modify grading operation. The Building Official is authorized to require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

O. In post-disaster events, the Building Official may deputize private citizens who are qualified to provide damage assessment of buildings and structures on behalf of the City.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Reports. When requested, the Building Official shall submit a report to the Director, City Manager, and/or elected City officials covering the work of the Building and Safety Bureau during the preceding period. The Building Official shall have charge of, and be responsible for, the drafting of recommendations regarding periodic revisions and amendments to the building, residential, electrical, plumbing, mechanical, housing, energy, green building standards, housing, existing building, historical building, and WUI regulations of this title, municipal code or other ordinances of the City, or laws and statutes of the State.

B. 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.

C. Fees. The Building Official shall keep a permanent, accurate account of all fees and other monies collected and received under this title, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of building or premises to which they relate.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The Building Official, members of the Board of Appeals or employees charged with the enforcement of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State, while acting for the City in good faith and without malice in the discharge of the duties required by this title or other pertinent law or ordinance, shall not thereby be rendered liable personally and are 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. Any suit instituted against the Building Official, officer, plans examiner, inspector or other employee because of an act performed by the Building Official, officer, plans examiner, inspector or other employee in the lawful discharge of duties and under the provisions of this title 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 provision of this title.

This title shall not be construed to relieve from or lessen the responsibility of any person, firm or corporation owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the enforcing agency or the City be held as assuming any such liability by reason of the plans examinations or inspections authorized by this title or any permits or certificates issued under this title.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. General. Whenever there are practical difficulties involved in carrying out the provisions of this title, the Building Official shall have the authority to grant modifications for individual cases, upon the receipt of a request in writing by the owner or owner's authorized agent on a form furnished by the Building Official for that purpose with the justifiable cause of the difficulties clearly identified, provided the Building Official shall first find that a special individual reason makes the strict letter of this title impractical, the modification is in compliance with the intent and purpose of this title, and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting or denying modifications shall be recorded and entered in the files of the Building and Safety Bureau. A written application shall be submitted together with a fee set forth in Section 18.06.160.

The Building Official shall not grant modifications to any provisions required in flood hazard areas as established in Section 1612.3 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R306 of the California Residential Code adopted in Chapter 18.41 unless a determination has been made that:

1. 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 Section 1612 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R306 of the California Residential Code adopted in Chapter 18.41 inappropriate.

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

3. A determination that the granting of a modification 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 with existing laws and ordinances.

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

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

B. Expiration. The rights and privileges granted by the Building Official shall be voided if the permit or plans examination expires under any of the conditions specified in Sections 18.04.060 or 18.05.060.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. General. The provisions of this title are not intended to prevent the installation of any materials or to prohibit any design or method of construction not specifically prescribed by this title, provided that any such alternative has been approved by the Building Official. The Building Official shall have the authority to approve an alternative material, design or method of construction where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this title, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this title 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. The details of action either granting or denying alternatives shall be recorded and entered in the files of the Building and Safety Bureau. A written application shall be submitted together with a fee set forth in Section 18.06.160.

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

C. Test. Whenever there is insufficient evidence of compliance with the provisions of this title, or evidence that a material or method does not conform to the requirements of this title, 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 by this title or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the test procedures. Tests shall be performed by an approved agency. Reports of such test shall be retained by the Building Official for the period required for retention of public records.

D. Expiration. The rights and privileges granted by the Building Official shall be voided if the permit or plans examination expires under any of the conditions specified in Sections 18.04.060 or 18.05.060.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)