Pomona Municipal Code § 74-131 Definitions

Footnotes:

--- (2) ---

State Law reference— Building regulations for conversion of commercial or industrial buildings to joint living and work quarters, Health and Safety Code § 17958.11.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessibility means the combination of various elements in a building or area which allows access, entry, circulation and the full use of the building and facilities by persons with physical disabilities.

Adaptability means the capability of altering or adding to certain building spaces and/or elements such as kitchen counters, sinks, and grab bars so as to accommodate the needs of persons with or without disabilities or to accommodate the needs of persons with different types or degrees of disability.

Artisan means one who is skilled in an applied art or profession; a craftsman.

Artist means:

(1) One whose works are subject to aesthetic criteria.

(2) An individual who practices one of the fine arts; who works in one of the performing arts, including music; or whose trade or profession requires a knowledge of design, drawing, painting, sculpting, writing or similar trades such as the creative and/or applied arts.

Building hours means established time periods identified such as 8:00 a.m. to 11:00 p.m. when an artist, artisan, professional or similarly situated individual may receive clients.

Commercial building use means:

(1) An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

(2) A use that includes building storefronts for retail display.

Industrial building use means:

(1) A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials.

(2) A use engaged in the storage of or manufacturing process using flammable or explosive materials or storage or manufacturing process that involves potentially hazardous conditions.

(3) A building use that does not include building storefronts for retail display.

Listed and listing mean terms referring to equipment and materials which are shown in a list published by an approved testing agency qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved or standards which have been evaluated for conformity with approved standards.

Occupant load factor means the number in square feet of floor area to be used in determining the number of persons allowed in a building or portion thereof. The total number shall be used to dictate the requirements for the design of the exit system to include, but not be limited to, door widths and required exits.

Prevailing code means adopted state and local ordinances to be applied at the time of permit application.

Professional means one who engages in a pursuit or activity professionally, including but not limited to architects, accountants, computer technicians, and executives.

Work/live unit means an area comprised of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which has been or will be remodeled or altered to include:

(1) Cooking space and sanitary facilities;

(2) Sleeping space; and

(3) Working space reserved for persons residing therein.

(Code 1959, § 5-161; Ord. No. 3759, § 1)

Cross reference— Definitions generally, § 1-2.

The purpose of this division is to provide for and make feasible the reuse of existing commercial and industrial buildings for joint work/live units as contemplated by Health and Safety Code § 17958.11. Work/live units in the city are intended to be occupied by artists, artisans, professionals and similarly situated individuals.

(Code 1959, § 5-160; Ord. No. 3759, § 1)

(a) Requirements for application. Procedures for making application for a permit for a work/live unit shall be as follows:

(1) Application for a work/live unit permit shall be made in accordance with the requirements for a building permit. The application shall be accompanied by a minimum of three sets of architectural drawings drawn to a scale of one-quarter inch to a foot, depicting the existing uses within the building and where the proposed work/live unit will be located.

(2) Building and safety division staff shall be responsible for distributing a copy of the submitted application and architectural drawing to all affected departments for review and approval.

(b) Work/live units permit required. No building shall be used for work/live units unless a work/live unit permit has first been obtained from the building and safety division.

(c) Building permit required. No building or structure regulated by this division shall be constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or portion thereof has first been obtained from the building official.

(d) Business license requirement. No work/live unit shall be occupied without obtaining a business license in accordance with article VIII of chapter 50.

(e) Certificate of occupancy. Procedures for issuance of a certificate of occupancy are as follows:

(1) Use and occupancy. No work/live unit or building shall be used or occupied until the building official has completed and approved the final inspection and a certificate of occupancy has been requested for the work/live unit.

(2) Posting. The certificate of occupancy for each work/live unit shall be posted in a conspicuous location within each work/live unit behind the exit door.

(3) Occupancy violations. Whenever any portion of a building designated as work/live unit is being used contrary to the applicable sections of this Code, the building official may order such use discontinued within the unit or specified portion of the building. Providing the violation is not life threatening to the occupants within the building, such person shall discontinue the use within seven days after the receipt of such notice, as prescribed by the building official, to make the structure or portion thereof comply with the requirements of this Code.

(Code 1959, § 5-162; Ord. No. 3759, § 1)

Cross reference— Administration, ch. 2.

(a) Work/live units shall be permitted subject to this division in those areas designated as "mixed uses" on the land use map contained within the Downtown Pomona specific plan.

(b) Work/live units shall be located in upper stories, basements (below grade) or within the rear portions of the first floor of all commercial buildings located within the mixed use districts of the Downtown Pomona specific plan.

(c) Access to work/live areas shall be provided only from common access areas such as hallways, corridors, and exterior portions of the building. Access to and from adjacent work/live units shall be prohibited.

(d) Where any unit containing work/live occupancy is adjacent to any other unit containing work/live occupancy, such unit shall be separated by one hour fire resistive floors and walls.

(e) Doors opening into corridors shall be protected by 20 minute fire assemblies or solid wood doors, not less than 1¾ inches thick. Where an existing frame will not accommodate a 1¾-inch door, a 1⅜-inch solid, bonded wood core door or equivalent insulated steel door shall be permitted. The doors shall be maintained self-closing or automatic closing by smoke detection. Such doors shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top.

(f) It is not intended that the residential component become the primary or dominant use of the building. Not over 50 percent of any individual work/live unit shall be used or arranged for residential purposes such as a sleeping area, kitchen, bathroom, and closet areas. The minimum area of a work/live unit shall be 600 square feet. The residential occupancy in any work/live unit shall not exceed four persons.

(g) For the purposes of determining the minimum number of persons for which the building exiting system must be designed, the following occupant load factors shall be used:

Occupancy Load Factor

(h) Each work/live unit shall have one openable window accessible for exiting with not less than a 20-inch by 30-inch opening.

(i) The life-safety requirements contained in the California Building Code for existing buildings other than high-rise buildings shall apply to all work/live units. For the purpose of providing a reasonable degree of life safety for individuals occupying work/live units, these requirements shall apply.

(j) An automatic fire sprinkler system shall be required on all floors throughout the building when work/live units are located above the third story or in basements.

(k) Work/live units located three or more stories in height or in buildings containing 16 or more work/live units shall be provided with an approved manual and automatic fire alarm system. However, a separate fire alarm system need not be provided in buildings which are protected throughout by an approved supervised fire sprinkler system having a local alarm system for the notification of all occupants.

(l) All work/live units shall be provided with smoke detectors. Smoke detectors shall receive their primary power from the building's wiring system and shall be provided with battery backup. Detectors shall be installed in accordance with approved manufacturer's instructions. Location of smoke detectors within the building shall be as follows: Within work/live units each work/live unit shall be provided with single station smoke detectors. Smoke detectors shall be mounted on the ceiling at a point centrally located in the residential portion of the unit and in each sleeping room. In the working area of the work/live unit, one hardwired smoke detector shall be centrally located on the ceiling. Where the working area is subdivided into separate rooms, one smoke detector shall be installed on the ceiling of each workroom.

(m) A minimum of one 2-A, 10-BC rated fire extinguisher shall be provided in each work/live unit.

(n) Any building converted or partly converted to work/live units shall not be considered to have changed occupancy classification. All work/live units, including any alteration to a work/live unit, shall be required to meet the minimum life-safety standards as set forth in this division and the following requirements:

(1) Each work/live unit shall have a kitchen area consisting of a sink and garbage disposal with GFI outlet provided.

(2) Each work/live unit shall have sanitation facilities consisting of a toilet, lavatory, shower and/or bathtub.

(3) Each work/live unit shall have heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point of three feet above the floor of the unit. All heating equipment must be approved and listed.

(4) Habitable space shall have a dimension of not less than seven feet.

(5) Kitchens, hallways and bathrooms shall have a ceiling height of not less than six feet, six inches.

(6) The ratio of required disabled accessible or adaptable work/live units shall be as follows:

(o) Modifications which create a life-safety, hazardous condition shall not be authorized by the building official. The building official shall have the power to render interpretations of this division and to adopt and enforce rules and supplemental regulations in order to clarify the application of this division. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this division.

(Code 1959, § 5-163; Ord. No. 3759, § 1)

(a) This section shall not be applied to any building that was constructed under a building permit issued after December 11, 1989.

(b) For emergency and identification purposes, any building containing work/live units shall have a sign posted in a conspicuous location at each entrance to the building indicating such to fire department personnel. The sign shall be constructed of durable, weatherproof material and shall meet the requirements of NFPA 704. A red "A" on a white background shall be placed in the lower quadrant. The height of the sign shall be a minimum of ten inches. The "A" shall be a minimum of four inches.

(c) An evacuation plan shall be on the interior side of each entrance door to a work/live unit, at every stairway landing and immediately inside all public entrances to the building.

(d) Building hours shall be clearly posted within the main lobby area of the building containing work/live units.

(e) Occupancy standards for an instructional use within the work area of a work/live unit shall not exceed one person per each 100 square feet of floor space within the work/live unit.

(f) Work/live units shall not be used for the storage of flammable or combustible liquids or hazardous materials, with the following exceptions:

(1) The allowable quantities of flammable or combustible liquids in a work/live unit shall be restricted as follows:

a. Class I-A, none.

b. Class I-B and I-C, one gallon.

c. Class II, five gallons.

d. Class III, five gallons.

e. Combined total not to exceed 11 gallons.

(2) A permit must be obtained by the fire department for quantities in excess of the allowable amounts.

(3) All flammable and combustible liquids shall be stored in approved safety containers.

(4) Sources of ignition such as smoking, open flames or other sources of ignition shall not be located within 25 feet of any flammable or combustible liquids.

(5) The use of any welding equipment, open flame work or similar hazardous operations shall require approval by the fire department.

(g) Sales of artists' materials shall be restricted to products by the occupant.

(h) Work/live units shall be occupied and used only by an artist, artisan, professional or a similarly situated individual or his family, which maintains a common household by not more than four unrelated persons.

(Code 1959, § 5-164; Ord. No. 3759, § 1)