Manhattan Beach Municipal Code Ch. 9.02 Existing Building Code

Footnotes:

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Editor's note— Ord. No. 19-0015, eff. January 1, 2020, in effect repealed ch. 9.02, §§ 9.02.010—9.02.050 and enacted new ch. 9.02 as set out herein. Former ch. 9.02 pertained to similar subject matter and derived from § 9, Ord. 16-0032, eff. January 7, 2017 and § 5, Ord. 17-0021, eff. November 17, 2017.

Pursuant to the provisions of Section 50022.1 to 50022.10, inclusive, of the Government Code of the State and subject to the particular additions, deletions and amendments set forth in this chapter, the rules, regulations, provisions and conditions set forth in that certain Code entitled "2022 California Existing Building Code," including Appendix A Chapters A1, A2, A3, A4 and A5, and Appendix B and Standards therein contained, promulgated and published by the International Code Council and the California Building Standards Commission, one (1) full printed copy of which, printed as a Code in book form were by the Council ordered filed and which have been filed in the office of the City Clerk, expressly incorporated herein and made a part hereof as fully and for all intents and purposes as though set forth herein at length, are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed in the construction, alteration, improvements, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, demolition, conversion, area and height, of existing buildings or structures or any appurtenances connected or attached to such buildings or structures in the City; and subject to the additions, deletions and amendments set forth in this chapter, said Code with its Appendix A Chapters A1, A2, A3, A4 and A5, and Appendix B and the said Standards containing said rules, regulations, standards, provisions and conditions is hereby established and adopted by reference, and the same shall be designated, known and referred to as the "Existing Building Code" of and for the City.

(§ 3, Ord. 19-0015, eff. January 1, 2020; § 3, Ord. 22-0008, eff. January 1, 2023)

Section [A] 105.3.2 is hereby amended to read as follows:

[A] 105.3.2 Time limitation of application. Applications for which no permit is issued within 12 months 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. The Building Official may extend the time for action by applicant for periods not exceeding 180 days upon written request by the applicant and justifiable cause demonstrated. No application shall be extended more than two years from original submittal date. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee and plans shall be reviewed under the current codes and ordinances at the time of the new applications.

(§ 3, Ord. 19-0015, eff. January 1, 2020; § 3, Ord. 22-0008, eff. January 1, 2023)

Section [A] 105.5 is hereby amended to read as follows:

[A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the work is commenced, or if the building or work authorized by such permit is not completed within 2 calendar years from the issuance date of the permit without the issuance of a permit renewal or extension.

Before such work can be recommenced, a new permit, or a renewed permit as specified below, shall be first obtained. No permit shall be valid for more than 4 years.

For permits where work has not commenced within 12 months from the date of such permit, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the original issuance date.

For permits where work had commenced and was subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the issuance date and/or (3) where construction has progressed and has been approved to the point whereby only a final inspection(s) is required, a fee shall be determined based on the number of estimated inspections, estimated staff time, and required meetings as determined by the Building Official.

For permits that have exceeded two years beyond the issuance date and have not received an extension prior to expiring, a new permit is required. The applicant shall pay the fee based on the remaining amount of uncompleted work required for a plan check and a new permit and plans will be reviewed under the current codes and ordinances at the time of the new applications.

Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, the permittee is unable to continue to work within the time required by this section. The Building Official may extend the time for action by the permittee for periods not exceeding six calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. No permit shall be valid for more than 4 years.

If the owner or applicant fails to complete the construction work within the time required, the Building Official is authorized to obtain the abatement of any unsafe condition or nuisance created by such incomplete work. The City Attorney is authorized to file an action for the abatement of any such unsafe condition or nuisance if required to do so by the Building Official.

(§ 3, Ord. 19-0015, eff. January 1, 2020; § 3, Ord. 22-0008, eff. January 1, 2023)

Sections [A] 108.2 is amended to read as follows:

[A] 108.2 Schedule of permit fees. The fees shall be determined by the most current City Resolution of Fees.

Plan Review Fees. When submittal documents are required by the Building Official, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be determined by the most current City Resolution of Fees.

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

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section [A] 106.3.4., an additional plan review fee shall be charged as determined by the most current City Resolution of Fees.

Section [A]108.4 is amended to read as follows:

[A] 108.4 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 a fee established by the Building Official and the most current Manhattan Beach Resolution of Fees in addition to the required permit fees.

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

Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal up to the amount of the permit fee required by this code as determined by the Building Official. The investigation fee shall be determined by the City's most current Resolution of Fees. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(§ 3, Ord. 19-0015, eff. January 1, 2020; § 3, Ord. 22-0008, eff. January 1, 2023)

302.7 Parapets and appendages.

302.7.1 General compliance. Whenever the Building Official determines by inspection that, as a result of inadequate construction or bracing to resist horizontal forces, an existing parapet or appendage attached to and supported by an exterior wall of a building is likely to become a hazard to life or property in the event of earthquake disturbance, and such parapet or appendage is not an immediate hazard or danger as described in Section 115, the Building Official may provide the owner of the building or other person or agent in control of the building where such parapet or other appendage exists, with a written notice specifying the hazards and the inadequacies of the construction or bracing. The owner of the building or other person or agent in control of the building shall, within 12 months from the date of such written notice, eliminate the hazard as set forth below. Any person receiving notice as set out in this Section may appeal, in the manner provided by Section 112, to the Building Board of Appeals.

302.7.2 Wall anchor. The parapet or appendage shall be removed and the remainder of the wall shall be anchored at the roof line, or it shall be reconstructed so that it will conform structurally as near as it is practicable to do so with the requirements of Chapter 16 of the California Building Code, or it shall be otherwise braced and strengthened in a manner satisfactory to the Building Official, so that it will resist a reasonable degree of horizontal forces without becoming dislodged with danger of falling.

302.7.3 Inspection of existing condition. Where, in the opinion of the Building Official, it is necessary to open a portion of roof, wall, or ceiling of a building in order to determine the structural condition of any parapet or appendage, the Building Official may order the owner to make such opening and the owner shall comply with said order at the owner's sole cost and expense.

Section 302.8 is added to read as follows:

302.8 Existing glass. Whenever the Building Official determines by inspection that an existing glass installation, in rooms having an occupant load of more than 100 persons or a means of egress serving an occupant load of more than 100 persons, as determined by Chapter 10 of the California Building Code, is likely to become a hazard in the event of accidental human impact as described in Section 2406.4 of the Building Code and such installation does not comply with the provisions for glazing in such locations, the Building Official may provide the owner of the building or other person or agent in control of the building where such glazing exists with a written notice of such condition. The owner of the building or other person or agent in control of the building shall, within 90 days after receiving said notice, replace such glass or otherwise cause the installation to conform to the requirements of the Building Code.

Appendix A, Chapter A4, Section A401.2 is amended to read as follows:

A401.2 Scope. The provisions of this chapter may be used for voluntary seismic improvements to all existing Occupancy Group R buildings of wood construction or portions thereof where the structure has a soft, weak, or open-front wall line, and there exists one or more stories above.

Appendix A Chapter A4 Section A404.1 is hereby amended to read as follows:

[BS] A404.1 Limitation. These prescriptive measures shall apply only to two-story buildings and only when deemed appropriate by the Building Official. These prescriptive measures rely on rotation of the second floor diaphragm to distribute the seismic load between the side and rear walls of the ground floor open area. In the absence of an existing floor diaphragm of wood structural panel or diagonal sheathing, a new wood structural panel diaphragm of minimum thickness of ¾ inch (19.1 mm) and with 10d common nails at 6 inches (152 mm) on center shall be applied. A California licensed architect or engineer shall demonstrate compliance with the requirements of Section A404, and shall approve and stamp the construction documents.

Appendix A Chapter A4 Section A407.1 is hereby amended to read as follows:

[BS] A407.1 Structural observation, testing and inspection. Structural observation, in accordance with Section 1704.6 of the California Building Code, shall be required for all structures in which seismic retrofit is being performed in accordance with this chapter. Structural observation shall include visual observation of work for conformance to the approved construction documents and confirmation of existing conditions assumed during design.

Structural testing and inspection for new construction materials shall be in accordance with the building code, except as modified by this chapter.

(§ 3, Ord. 19-0015, eff. January 1, 2020; § 3, Ord. 22-0008, eff. January 1, 2023)