Los Angeles Municipal Code Div. 1 General

Section 98.0102 Purpose and Scope of Article. 98.0102.1 Enforcement Authority of the Harbor Department Within the Harbor District.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The provisions of Chapter IX of the Los Angeles Municipal Code shall apply to the City of Los Angeles, to any County, and to any other municipal or quasi-municipal corporation or government, and to any department, commission, board or officer thereof.

(a) General. For the purpose of this article, certain words and terms are defined as follows: (Amended by Ord. No. 147,576, Eff. 9/15/75, Oper. 1/15/76.)

BOARD. The Board of Building and Safety Commissioners of the City of Los Angeles.

BOARD OF EXAMINERS. Any examining board regularly appointed by the Board of Building and Safety Commissioners or the Superintendent. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

CODE. Los Angeles Municipal Code.

DEPARTMENT. The Department of Building and Safety.

E-PERMITS. Any Express Permits issued via facsimile or Internet. (Added by Ord. No. 174,610, Eff. 7/7/02.)

EXAMINER. A member of an examining board as hereinafter provided for, or any person designated by the Board or the Superintendent to conduct any hearing provided for in this article. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

EXPRESS PERMITS. Any Building, Electrical, Mechanical or Plumbing permits that do not require plans pursuant to LAMC Paragraph 91.106.3.2.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

LICENSE. A certificate, registration, license, authority or approval given or issued by the Department pursuant to the provisions of this Code. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

LICENSEE. The holder of any license as the word ‘license” is defined in this article.

PARTY. Includes the Board, the Department, the respondent, and any other person who has an interest or estate in a proceeding under this article.

PERMIT. An approved application for the inspection of any work accomplished on or in buildings, structures or sites regulated by Chapter IX of the LAMC, but shall not include an application for inspection to obtain a Certificate of Inspection and Permit to Operate. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

PLAN CHECK. The review of plans, specifications, and/or details required as condition prior to the issuance of a permit.

PROCEEDING. Any process relative to a hearing as provided in this article. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

RESPONDENT. Any person against whom an accusation is filed pursuant to this article.

SLIGHT MODIFICATION. A waiver, granted by the Superintendent of Building or the Board, of the strict requirements of the provisions of Chapter IX or Article 2, Chapter I, of the LAMC. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

SUPERINTENDENT OF BUILDING OR SUPERINTENDENT. The General Manager of the Department of Building and Safety of the City of Los Angeles, or the General Manager’s duly authorized representative. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

Where the word “Examiner” or “Hearing Examiner” appears hereinafter, the words “Board of Examiners” may be substituted.

(Amended by Ord. No. 133,738, Eff. 2/5/67.)

(a) Insofar as any provision of any other article of this chapter conflicts with any provision of this article, such provision shall be deemed to be superseded by the provision of this article with which it is in conflict.

(b) Notwithstanding any provision in Chapter IX of the LAMC to the contrary, the revocation or suspension of any license as defined herein shall be done in accordance with this article. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(Amended by Ord. No. 186,839, Eff. 1/4/21.)

(a) General. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, or whenever the Superintendent of Building or the Superintendent’s authorized representative has reasonable cause to believe that there exists in any building or upon any premises any violation of Chapter IX of the LAMC, or other applicable law, or any condition which makes such building or premises hazardous, unsafe or dangerous, the Superintendent of Building or the Superintendent’s authorized representative is hereby authorized to enter such property at any reasonable time and to

inspect the same and perform any duty imposed upon the Superintendent of Building by Chapter IX of the LAMC or other applicable law, provided that:

(1) If such property is occupied, the Superintendent or the Superintendent’s authorized representative shall first present proper credentials to the occupant, explain the reasons for the inspection, and request
consent to enter; and

(2) If such property is unoccupied, the Superintendent or the Superintendent’s authorized representative shall first make a reasonable effort to locate the owner or other person having charge or control of the
property, explain the reasons for the inspection, and request consent to enter; and

(3) If consent to enter is refused or cannot be obtained, whether a property is occupied or unoccupied, the Superintendent of Building or the Superintendent’s authorized representative shall obtain an inspection
warrant.

(b) Exigent Circumstances. Notwithstanding the foregoing, if the Superintendent of Building or the Superintendent’s authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Superintendent or the Superintendent’s authorized representative shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the Superintendent or the Superintendent’s authorized representative shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection. No person shall fail or refuse, after proper demand has been made upon them, as provided above, to promptly permit the Superintendent of Building or the Superintendent’s authorized representative to make any necessary inspection in the exigent circumstances. Any person violating this subsection shall be guilty of a misdemeanor.

(c) The applicant, by accepting any permit issued pursuant to Chapter IX of the LAMC, does thereby consent and agree to the entry upon the premises described in the permit by Department personnel for the purpose of conducting such inspections as are required by Chapter IX of the LAMC or other applicable laws.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) The Superintendent of Building, when processing permit applications received through the United States postal service, may retain any overpayment up to and including one dollar ($1.00) in excess of the amount legally due pursuant to the LAMC, and shall place all overpayments in a special account to be used for the purpose of making up deficiencies in payments received pursuant to Subsection (b) of this section.

(b) The Superintendent of Building, when processing permit applications received through the United States postal service, may accept as full payment of the amount legally due pursuant to the LAMC, any payment which is deficient by no more than fifty cents ($0.50) of the amount legally due.

(c) Notwithstanding the authority conferred by Subsection (a) hereof, the Superintendent of Building may refund any such excess payment upon the filing of a claim therefor as required by law.

(Added by Ord. No. 168,612, Eff. 4/2/93.)

(a) In connection with any permit or application for inspection, as provided for in Articles 1, 2, 3, 4, 5 and 7 of Chapter IX of the LAMC by or on behalf of any contractor, as that term is defined in Subsection (b) below, the Department shall be furnished the business or payroll expense tax registration certificate number or evidence of exemption from business and payroll expense taxes for such contractor. No permit shall be issued by the Department to any contractor, as defined herein, unless such contractor has a business or payroll expense tax registration certificate or is determined by the Office of Finance to be exempt from business and payroll expense taxes. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(b) The term “contractor” means any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does themself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, or the cleaning of grounds or structures in connection therewith, and whether or not the performance of work herein described involves the addition to or fabrication into any structure, project, development or improvement herein described of any material or article of merchandise. The term “contractor” includes subcontractor and specialty contractor.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

All Orders to Correct issued pursuant to Chapter IX of the LAMC shall be posted in a visible location on the residential rental building cited.

(Added by Ord. No. 174,610, Eff. 7/7/02.)

(a) Guaranteed Express Permit Program (GEP). The Department shall offer a walk-in Express Permit customer a money-back guarantee if:

(1) the customer waits longer than 30 minutes for service to begin; or

(2) the customer waits longer than 60 minutes for the processing of the permit from the time that service begins.

(b) Guaranteed Express Permit (GEP) Program Guidelines. If a customer waits longer than the time limits stated in LAMC Section 98.0109(a), and the wait can be verified by the Department through the use of electronic equipment, then the Department shall waive the permit fee. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(c) Program Limitations. The GEP applies only to those permits issued at the Express Permit Counter. The Department may add or delete certain permit types from the list of Express Permits at its discretion. GEP does not apply to E-Permits and is limited to one permit per person, per permit application. GEP does not apply to those permits requiring clearance or review by other agencies. The GEP program shall be suspended during power failures, computer system failures, or during times of emergency including, but not limited to, fire, earthquake, or other human-made or natural disaster.