Pacifica Municipal Code Art. 1 Administration and Enforcement

The purpose of this chapter is to provide minimum standards to safeguard property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance, of all buildings and structures within the City and certain equipment specifically regulated herein. The ordinance codified in this chapter is enacted pursuant to Section 14051 of the California Penal Code and the police powers of the City of Pacifica.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

The provisions of this chapter shall be applicable to all building permit applications filed for approvals subsequent to the effective date of the ordinance codified in this chapter.

(a) Multiple-family dwelling units, which were in existence prior to the effective date of the ordinance codified in this chapter and which are converted to privately owned family units through a condo conversion process shall comply with provisions of this chapter for a single-family dwelling as specified in Article 2.

(b) Any existing structure which converts from its original occupancy group as designated in the Uniform Building Code, shall comply with the provisions of this chapter.

(c) Any building defined in the Uniform Building Code and Title 19 of the California Administrative Code as requiring special type releasing, latching, or locking devices, other than those described herein, shall be exempt from the provisions hereof relating to locking devices of interior and/or exterior doors.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed in this chapter, provided any such alternate has been approved by the enforcing authority nor is it the intention of this chapter to exclude any such method of structural design or analysis not specifically provided for in this chapter. The enforcing authority may approve any such alternate provided it finds the proposed design to be satisfactory, and that the material and method of work is, for the purpose intended, at least equivalent to that prescribed in this chapter in quality, strength, effectiveness, burglary resistance, durability and safety.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

The enforcing authority is directed to administer and enforce the provision of this chapter. The enforcing authority shall be the Building Official, Building Division of the Community Development and Services Department. The Building Official may delegate authority to administer and enforce provisions of this chapter to the appropriate official in the Department of Public Safety.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

The enforcing authority shall have the right, and is hereby authorized and empowered, to enter or go on or about any building or premises between 8:00 a.m. and 5:00 p.m. during week days for the purpose of inspecting the physical security of such buildings or premises, or for any other purpose consistent herewith. The enforcing authority shall be given prompt access to any area of the building or premises upon oral notification to the responsible person and upon exhibiting suitable evidence of its identity and authority; provided, however, that except in emergency situations, an inspection warrant issued pursuant to Title 13, Part 3 of the Code of Civil Procedures (Sections 1822.50 et seq.) shall first be secured when consent to inspect is refused or consent cannot be obtained.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

It shall be unlawful for any person, firm, corporation, partnership, association, or other legal entity to erect, construct, alter, move, convert, or equip, use occupy or maintain any building or structure in the City, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.

Any person, firm, or corporation violating any provisions of this chapter is guilty of an infraction and shall be punishable for each separate offense as set forth in Section 1-2.01 of this Code.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

If any subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the chapter or its application to other persons. The City Council hereby declares it would have adopted this chapter and each subsection, subdivision, sentence, clause, phrase or portion thereof irrespective of the fact any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. In the event of a conflict of code provisions pertaining to life safety considerations, the adopted edition of the Uniform Building Code shall prevail.

(§ 1, Ord. 514-C.S., eff. September 21, 1988)

Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as emergency exiting facility by local ordinance. Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of Chapter 33 of the Uniform Building Code nor shall the provisions of this chapter be construed to waive any other provisions of this Code. In the event of a conflict of code provisions, the adopted edition of the Uniform Building Code shall prevail.

(§ 1, Ord 514-C.S., eff. September 21, 1988)