Earlier editions: 2026-07
Title 9 — Public Property, Public Works, and Building Regulations
Seal Beach Municipal Code Ch. 9.60 Building Code
Seal Beach Municipal Code · 2026-10 edition · updated 2026-10-04 · Seal Beach
Cite as: Seal Beach Municipal Code Chapter 9.60 · Text as of 2026-10-04
§ 9.60.010. Administrative Provisions.¶
SECTION 101. GENERAL
| 101.1 Title. These regulations shall be known as the Administrative Provisions of the codes comprising the California Building Standards Code of the State of California, hereinafter referred to as "the code(s)." |
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| 101.2 Scope. The provisions of the codes shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, used and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. |
| 101.2.1 Appendices. Provisions in the appendices of the codes, shall not apply unless specifically adopted. |
| 101.3 Intent. The purpose of the codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. |
| 101.4 Referenced Codes. Codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in the codes shall be considered part of the requirements of the codes to the prescribed extent of each such reference. |
| 101.4.1 Building Code. The provisions of the California Building Code as adopted and amended by City of Seal Beach shall apply to all buildings and structures other than those meeting the scoping limitations contained in the California Residential Code. |
| 101.4.2 Residential Code. The provisions of the California Residential Code as adopted and amended by City of Seal Beach shall apply to detached one and two family dwellings and multiple single-family dwellings (townhomes) not more than three stories above grade plane in height with a separate means of egress and their accessory structures. |
| 101.4.3 Electrical Code. The provisions of the California Electrical Code as adopted and amended by City of Seal Beach shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. |
| 101.4.4 Mechanical Code. The provisions of the California Mechanical Code as adopted and amended by City of Seal Beach shall apply to the installation, alterations, repairs and replacement of residential and commercial mechanical and gas systems, including equipment, appliances, fixtures, fittings and for appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Where there is a conflict between the California Mechanical and Plumbing Codes, as related to chapters for gas or fuel, the provisions provided in the Plumbing Code shall prevail. |
| 101.4.5 Plumbing Code. The provisions of the California Plumbing Code as adopted and amended by City of Seal Beach shall apply to the installation, alteration, repair, replacement of plumbing systems and gas delivery systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems. |
| 101.4.6 Pool and Spa Code. The mandatory provisions of the International Pool and Spa Code as adopted and amended by City of Seal Beach shall apply to all pool and spas. |
| 101.4.7 Fire Code. The mandatory provisions of the California Fire Code as adopted and amended by City of Seal Beach shall apply to all new and existing buildings, structures and premises. |
SECTION 102. APPLICABILITY
| 102.1 General. Where, in any specific case, different sections of the codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. |
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| 102.2 Other laws. The provisions of the codes shall not be deemed to nullify any provisions of local, state or federal law. |
| 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number shall be construed to refer to such chapter, section or provision of the codes. |
| 102.4 Referenced codes and standards. The codes and standards referenced in the codes shall be considered part of the requirements of the codes to the prescribed extent of each such reference. Where differences occur between provisions of the codes and referenced codes and standards, the provisions of the codes shall apply. |
| 102.5 Partial invalidity. In the event that any part or provision of the codes is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. |
| 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of the codes shall be permitted to continue without change, except as is specifically covered in the codes or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. |
SECTION 103. BUILDING AND SAFETY
| 103.1 Creation of enforcement agency. The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. |
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| 103.2 Appointment. The building official shall be appointed by the authorized representative of the authority having jurisdiction. |
| 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other agents. Such appointed agents shall have powers as delegated by the building official. |
SECTION 104. DUTIES AND POWERS OF BUILDING OFFICIAL
| 104.1 General. The building official is hereby authorized and directed to enforce the provisions of the codes. The building official shall have the authority to render interpretations of the codes 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 the codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the codes. |
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| 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, grading, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the codes. |
| 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with the codes. |
| 104.4 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 inspections 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, subject to the approval of the appointing authority. |
| 104.5 Identification. The building official and appointees shall carry proper identification when inspecting structures or premises in the performance of duties under the codes. |
| 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of the codes 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 codes 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 the codes, 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. |
| 104.7 Department 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. |
| 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of the codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the codes or other pertinent law or ordinance, shall not thereby be rendered liable personally and is 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 an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the codes shall be defended by legal representative of the jurisdiction 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 provisions of the codes. |
| 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. |
| 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of the codes for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. |
| 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the codes, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of the codes impractical and the modification is in compliance with the intent and purpose of the codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Building Safety. |
| 104.11 Alternative materials, design and methods of construction and equipment. The provisions of the codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the codes, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of the codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the codes in quality, strength, effectiveness, fire resistance, durability and safety. |
| 104.1 General. The building official is hereby authorized and directed to enforce the provisions of the codes. The building official shall have the authority to render interpretations of the codes 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 the codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the codes. |
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| 104.11.1 Evaluation reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the codes, shall consist of valid evaluation reports from approved sources. |
| 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of the codes, or evidence that a material or method does not conform to the requirements of the codes, 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 jurisdiction. Test methods shall be as specified in the codes or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. |
SECTION 105. PERMITS
| 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, grading on private property, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. |
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| Work performed without permit constitutes a violation and is subject to Section 113 of this chapter. Upon determination by the building official, work performed without permit may constitute an unsafe structure or building. |
| Incidental structures or improvements of a minor nature may be exempt from the city permit process upon the determination of the building official. In place of permits and inspections the building official may utilize alternate means, such as certifications, imaging or programs to track and verify compliance. |
| 105.1.1 Time based permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue a permit, valid for a specific time period not exceeding one year, upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. |
| The building official may detail the scope, parameters and conditions of this permit. The permit may be revoked when it is determined by the building official that the outlined scope, parameters, conditions or intent of the codes is not upheld by the permittee. The building official shall have access to such records at all times and such records shall be filed with the building official as designated. |
| 105.2 Work exempt from permit. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code, other laws, ordinances, or regulations, or required approvals from other City Departments and State and Federal agencies. |
Building: A building permit shall not be required for the following: Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the below-exempted items.
| 1. | Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/ |
Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/ |
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| 2. | Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply. | Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply. |
| 3. | Repairing broken window glass not required by the Building Code to be safety or security glazing. | Repairing broken window glass not required by the Building Code to be safety or security glazing. |
| 4. | One-story detached accessory buildings used as tool and storage sheds, shade structures, pump houses, and similar uses, provided the gross floor area does not exceed 120 square feet (11.15 m 2 ), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm). | One-story detached accessory buildings used as tool and storage sheds, shade structures, pump houses, and similar uses, provided the gross floor area does not exceed 120 square feet (11.15 m 2 ), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm). |
| 5. | Chain-link, wrought-iron and similar fences not more than 12 feet in height. | Chain-link, wrought-iron and similar fences not more than 12 feet in height. |
| 6. | Masonry, concrete, wood and similar fences not more than 6 feet in height. | Masonry, concrete, wood and similar fences not more than 6 feet in height. |
| 7. | Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind. | Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind. |
| 8. | Retaining walls that retain not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids. | Retaining walls that retain not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids. |
| 9. | Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position. | Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position. |
| 10. | Light standards which do not exceed 30 feet (9,144 mm) in height. | Light standards which do not exceed 30 feet (9,144 mm) in height. |
| 11. | Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high. | Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high. |
| 12. | Tanks not storing hazardous material as defined in the Fire Code provided that: | Tanks not storing hazardous material as defined in the Fire Code provided that: |
| 12.1 | Steel tanks are supported on a foundation not more than 2 feet (610 mm) above grade and the overall height to diameter or width does not exceed 1 1/2 times the diameter. | |
| 12.2 | Water tanks constructed of materials other than steel, including cisterns and rain barrels, are supported directly on grade, the overall height to diameter or width does not exceed 1 1/2 times the diameter, and the capacity does not exceed 5,000 gallons (18,925 L). | |
| 13. | Gantry cranes and similar equipment. | Gantry cranes and similar equipment. |
| 14. | Motion picture, television and theater stage sets and scenery. Buildings or structures constructed as part of a set or as scenery shall not be occupied or used for any other purpose. | Motion picture, television and theater stage sets and scenery. Buildings or structures constructed as part of a set or as scenery shall not be occupied or used for any other purpose. |
| 15. | A playhouse or tree house provided that: | A playhouse or tree house provided that: |
| 15.1 | It does not exceed 64 square feet (5.94 m 2 ) in area nor 8 feet (2,438 mm) in height from floor to roof. | |
| 15.2 | The ceiling height as established by door height or plate line does not exceed 6 feet (1,829 mm). | |
| 16. | Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy, and extending not more than 54 inches (1,372 mm) from the exterior wall of the building, and not encroaching into the public right-of-way or any required fire separation distance specified by this Code. | Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy, and extending not more than 54 inches (1,372 mm) from the exterior wall of the building, and not encroaching into the public right-of-way or any required fire separation distance specified by this Code. |
| 17. | Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m 2 ) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. | Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m 2 ) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. |
| 18. | Oil derricks. | Oil derricks. |
| 19. | Decks, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route. | Decks, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route. |
| 20. | Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches (0.46 m) deep, or do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade. | Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches (0.46 m) deep, or do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade. |
| 21. | Playground equipment. | Playground equipment. |
| 22. | One-story detached animal cages and kennels, chicken coops, and animal pens provided the gross floor area does not exceed 300 square feet (37.2 m 2 ) and the height does not exceed 6 feet (1.8 m) and at least one horizontal dimension does not exceed 12 feet (3.69 m). | One-story detached animal cages and kennels, chicken coops, and animal pens provided the gross floor area does not exceed 300 square feet (37.2 m 2 ) and the height does not exceed 6 feet (1.8 m) and at least one horizontal dimension does not exceed 12 feet (3.69 m). |
| 23. | Non-combustible livestock shelters provided that the gross floor area does not exceed 300 square feet (27.9 m 2 ), the height does not exceed 12 feet (3.69 m), and at least 3 sides are each a minimum of 65 percent open. | Non-combustible livestock shelters provided that the gross floor area does not exceed 300 square feet (27.9 m 2 ), the height does not exceed 12 feet (3.69 m), and at least 3 sides are each a minimum of 65 percent open. |
| 24. | Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. | Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. |
| Electrical: | Electrical: | Electrical: |
| An electrical permit shall not be required for the following: | ||
| 25. | Minor repair work, such as the replacement of lamps, switches, receptacle devices, sockets, and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed. | Minor repair work, such as the replacement of lamps, switches, receptacle devices, sockets, and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed. |
| 26. | The wiring for temporary theater, motion picture or television stage sets. | The wiring for temporary theater, motion picture or television stage sets. |
| 27. | Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. | Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. |
| 28. | Low-energy power, control, and signal circuits are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes. | Low-energy power, control, and signal circuits are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes. |
| 29. | Temporary decorative lighting. | Temporary decorative lighting. |
| 30. | The installation of temporary wiring for testing or experimental purposes within suitable facilities. | The installation of temporary wiring for testing or experimental purposes within suitable facilities. |
| 31. | Replacement of over-current devices of the same type and the same rating. | Replacement of over-current devices of the same type and the same rating. |
| 32. | Portable generators, portable motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug. | Portable generators, portable motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug. |
| 33. | Private telephone, intercom, sound and communication systems; provided, however, that the above system(s) do not exceed the value as indicated in (c) and (d) of this section. A permit shall be obtained for the power supplies required by the above systems. | Private telephone, intercom, sound and communication systems; provided, however, that the above system(s) do not exceed the value as indicated in (c) and (d) of this section. A permit shall be obtained for the power supplies required by the above systems. |
| Mechanical: | Mechanical: | Mechanical: |
| A mechanical permit shall not be required for the following: | ||
| 34. | Any portable heating appliance. | Any portable heating appliance. |
| 35. | Any portable ventilating equipment. | Any portable ventilating equipment. |
| 36. | Any portable cooling unit. | Any portable cooling unit. |
| 37. | Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code. | Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code. |
| 38. | Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code. | Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code. |
| 39. | Any portable evaporative cooler. | Any portable evaporative cooler. |
| 40. | Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this Code. | Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this Code. |
| 41. | Any unit refrigerating system. | Any unit refrigerating system. |
| Plumbing: | Plumbing: | Plumbing: |
| A Plumbing permit shall not be required for the following: | ||
| 42. | Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping. | Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping. |
| 43. | Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks. | Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks. |
| 44. | Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit. | Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit. |
105.2.1 Emergency repairs. Where equipment replacements and repairs shall be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
| 1. | Identify and describe the work to be covered by the permit for which application is made. |
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| 2. | Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. |
| 3. | Indicate the use and occupancy for which the proposed work is intended. |
| 4. | Be accompanied by construction documents and other information as required in Section 106. |
| 5. | State the valuation of the proposed work. |
| 6. | Be signed by the applicant, or the applicant's authorized agent. |
| 7. | Give such other data and information as required by the building official. |
| 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. | |
| No building permit or other similar applicable permit bearing on property development or use including additions, modifications or revisions shall be issued unless and until the review and approval of all other departments and agencies having legal authority for review of construction projects have found the construction project to be in compliance with all applicable code provisions or entitlements. | |
| When the building official is satisfied that the proposed work conforms to the requirements of the codes and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. | |
| 105.3.2 Expiration of applications. A plan check application shall expire and become null and void if a permit is not issued within one (1) year from the date of application. Upon expiration, the Building Official may dispose of the submitted plans, calculations, and related documents. | |
| The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, provided that: | |
| 1. | The applicant submits a written request demonstrating that the delay was due to circumstances beyond the applicant's control. |
| 2. | For extensions requested prior to expiration, the request is submitted before the expiration date. |
| 3. | For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration. |
| 4. | An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original plan check fee, is paid for each extension; and |
| 5. | The total cumulative extension period shall not exceed two (2) years from the original expiration date, with extensions issued only in increments not exceeding one hundred eighty (180) days, and a separate extension fee required for each extension granted. |
| Any extension granted after expiration shall be deemed a continuation of the original application and shall not constitute a reissuance or a new application. | |
| Once an application, including any extension thereof, has expired without further extension, the applicant shall file a new application, submit new plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect. | |
| 105.4 Permit issuance. The application, plans, specifications, computations, and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other city departments to verify compliance with any applicable laws and ordinances under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of the codes and other pertinent laws and ordinances, and that the specified fees have been paid, the permit shall be issued as soon as practicable. | |
| When the building official issues the permit where plans are required, they shall endorse in writing or stamp the plans and specifications "APPROVED FOR ISSUANCE" or "REVIEWED FOR CODE COMPLIANCE." Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by the codes shall be done in accordance with the approved plans. | |
| The building official may issue a permit for the construction of part of the building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the codes. The holder of such permit shall proceed at their own risk without assurance that the permit for the entire building or structure will be granted. | |
| 105.5 Retention of plans. One set of approved plans, specifications and computations shall be retained by the building official for a period as detailed by governing retention laws and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the project site at all times during which the work authorized thereby is in progress. | |
| 105.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions the codes or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction document and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of the codes or of any other ordinances of this jurisdiction. | |
| 105.7 Expiration of permits. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if any of the following conditions occur: | |
| 1. | The work authorized by such permit is not commenced within one (1) year from the date of permit issuance; or |
| 2. | No required building inspection, as defined in this Code and as identified on the Job Record issued with the permit, is approved by the Building Official within one (1) year from the date of the last approved inspection. |
| Partial inspections, or inspections related solely to electrical, mechanical, plumbing, grading, or reroofing, shall not constitute a required building inspection unless such work is integral to the primary building permit. | |
| Supplemental permits for electrical, grading, mechanical, plumbing, or reroofing shall remain valid so long as the associated primary building permit remains active. | |
| The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, to prevent or cure the expiration of a permit, provided that: | |
| 1. | The permittee submits a written request demonstrating that the delay in progress was due to circumstances beyond the permittee's control; |
| 2. | For extensions requested prior to expiration, the request is submitted before the expiration date; |
| 3. | For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration; and |
| 4. | An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original permit fee, is paid for each extension. |
| Multiple extensions may be granted to cover the requested period of time; however, each extension shall be issued in increments not exceeding one hundred eighty (180) days, and a separate extension fee shall apply to each extension granted. | |
| Any extension granted after expiration shall be deemed a continuation of the original permit and shall not constitute a reissuance or issuance of a new permit. | |
| If no extension is granted, the permit shall remain expired and no further work shall be performed under that permit. The permittee shall be required to submit a new permit application, including all required plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect. | |
| 105.8 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If no changes have been made to the plans and specifications last submitted to the building official, no charge, other than the permit issuance fee and applicable state fees, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the building official, a permit fee based upon the proposed changes may be levied. | |
| 105.9 Suspension or revocation. The building official may, in writing, suspend or revoke a permit issued under provisions of the codes whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of the codes. | |
| 105.10 Incomplete construction. When a permit is revoked pursuant to 105.9, the incomplete construction for which the permit is issued shall constitute an unsafe condition and shall be appropriately abated as determined by the building official. | |
| 105.11 Placement of permit. The building permit or copy thereof shall be kept readily available on the site of the work until the completion of the project. | |
| 105.12 Surrender of permit. If a portion of the work or construction covered by the issued permit has not been commenced, the permittee may deliver such permit and approved documents to the building official with request that such permit is to be canceled. The building official shall make note on the permit with or with like wording "Canceled at the request of the Permittee." Thereupon the permit and documents shall become null and void. | |
| 105.13 Liens to be discharged. A permit shall not be issued to any person or corporation under the provision of this chapter in respect to any property where the cost of any building repair or abatement has been performed and a lien therefor has been recorded by the jurisdiction, unless and until the amount of said lien with interest, has been paid in full. |
SECTION 106. CONSTRUCTION DOCUMENTS
| 106.1 Submittal documents. Construction documents, statement of special inspections, geotechnical reports and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. |
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| Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the codes. |
| 106.2 Reserved. |
| 106.3 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of the codes and relevant laws, ordinances, rules and regulations, as determined by the building official. |
| 106.3.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with the codes and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. |
| 106.3.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of the codes. In other than occupancies in Groups R-2, R-3, and I-I, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. |
| 106.3.3 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with the codes. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. |
| The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. |
| 106.4 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. |
| 106.5 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the codes and other pertinent laws or ordinances. |
| 106.6 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. |
| 106.6.1 Previous approvals. The codes shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 30 days after the effective date of the codes, has not been abandoned or the building official has not determined the permit was issued under false information. |
| 106.6.2 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of the codes. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. |
| 106.7 Design professional in responsible charge. |
| 106.1 Submittal documents. Construction documents, statement of special inspections, geotechnical reports and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. |
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| 106.7.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. |
| The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. |
| Where structural observation is required by Section 1709, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704). |
| 106.7.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. |
| Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. |
| Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the building official. |
| 106.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. |
| 106.9 Number of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than that required by state law and the city's retention policy. |
SECTION 107. TEMPORARY STRUCTURES AND USES
| 107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 90 days. The building official is authorized to grant extensions for demonstrated cause. |
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| 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the codes as necessary to ensure public health, safety and general welfare. |
| 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code. |
| 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. |
SECTION 108. FEES
108.1 General. A fee as established by resolution of the city council shall be paid for each plan review when submitted and each permit at time of issuance. 108.2 Permit fees. A fee for each required permit shall be assessed in accordance with the fee schedule adopted by city council. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of the codes, except when a program is established by the building official and permit conditions are defined, or it can be proven to the satisfaction of the building official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of an investigation fee in an amount equal to the permit fee for the work undertaken without permit. Payment of a double fee shall not relieve any person from fully complying with the requirements of the codes nor from any other penalties prescribed herein. 108.3 Plan review fees. When a plan or other data is ready to be submitted by subsection 105.3 a plan-checking fee, in the amount as established by city council shall be paid to the building official at the time of submitting plans and specifications for checking. When submittal documents are incomplete or changes so as to require additional plan review or when the project involves differed submittal items an additional fee shall be assessed in accordance with the fee schedule established by city council. 108.4 Investigation fee. An investigation fee as established by the Section 108.2 may be charged by the building official whenever work for which a permit is required by the codes has been commenced without first obtaining said permit. This fee shall be paid and the investigation shall be made prior to the issuance of any permit for said work. An investigation fee may be charged for any investigation of a building, structure, work reports, certification or any other related work requested by an owner or authorized agent of such owner. 108.5 Plan check and permit fee refunds.
| 108.5.1 Plan check fee refunds. Plan check fees may be refunded up to a maximum of eighty percent (80%) of the original plan check fee, provided that: | ||
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| 1. | No plan review has been performed; and | |
| 2. | A written request for a refund is submitted to the Building Official within one (1) year from the date of payment; and | |
| 3. | The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule. | |
| The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions. | ||
| 108.5.2 Permit fee refunds. Permit fees may be refunded to a maximum of eighty percent (80%) of the original permit fee, provided that: | ||
| 1. | No portion of the work authorized by the permit has commenced; and | |
| 2. | The permit has been cancelled; and | |
| 3. | A written request for refund is submitted to the Building Official within one (1) year from the date of permit cancellation or expiration; and | |
| 4. | The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule. | |
| Permit issuance fees are non-refundable. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions. | ||
| 108.6 Additional plan review fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee shall be paid to the building official based upon the value of construction of the proposed change or redesign. In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Said fee may be waived when in the opinion of the building official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the building official; except where excessive plan reviews are performed, additional fees may be levied as established by city council. | ||
| 108.7 Change of occupancy investigation fee. A fee as established by the city council shall be paid when an occupancy investigation inspection is required by the building official. Note: The occupancy investigation fees are in addition to other investigation fees and do not include the fees for the building permit, or fees for electrical, plumbing or heating and ventilating permits covering the alterations and/ |
| 108.5.1 Plan check fee refunds. Plan check fees may be refunded up to a maximum of eighty percent (80%) of the original plan check fee, provided that: | ||
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| 108.8 Valuation. The determination of value or valuation under any of the provisions of this code shall be made by the building official. Valuation shall be based on the type of construction, occupancy classification, and size of the project, and shall include all components of the permitted work, including structural elements, finishes, roofing, mechanical, electrical, plumbing, fire protection systems, and other permanently installed features or equipment. | ||
| In establishing valuation, the Building Official may reference the most current Building Valuation Data (BVD) published by the International Code Council or other similar industry data sources. These references are intended to provide a consistent and uniform basis for determining construction valuation for fee assessment purposes. The calculated valuation is not required to reflect actual or reported construction costs. |
SECTION 109. INSPECTIONS
| 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the codes or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. |
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| 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. |
| 109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 109.3.1 through 109.3.10. |
| 109.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. |
| 109.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. |
| 109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. |
| 109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. |
| 109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. |
| 109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved. |
| 109.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with the California Energy, Green Building Standards Codes and shall include, but not be limited to, inspections for: envelope insulation R and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency. |
| 109.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the codes, standards and other laws that are enforced by the jurisdiction having authority. |
| 109.3.9 Special inspections. For special inspections, see Section 1704 of the California Building Code. |
| 109.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. |
| 109.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. |
| 109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall also be the duty of the permit holder to provide access to and means for inspections of such work that are required by the codes. |
| 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with the codes. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. |
SECTION 110. CERTIFICATE OF OCCUPANCY
110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Exception: The building official may not issue certificate of occupancies for remodels and additions to owner-occupied dwellings, such as single-family homes, townhomes, co-op or condominiums and U occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the jurisdiction shall not be valid. The jurisdiction may not issue a certificate of occupancy to the builder upon the completion of a commercial structure where there is tenant spacing. Instead, a certificate of occupancy is issued to a business entity that is going to occupy the building, or a portion thereof. 110.2 Certificate issued. Upon passing final inspection and demonstrating compliance with this Code, applicable laws, ordinances, rules, and regulations, and upon full payment of all required fees, the Building Official may issue a Certificate of Occupancy upon written request by the permit holder. The Certificate of Occupancy shall include the following information:
| 1. | The building permit number. |
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| 2. | The address of the building or structure. |
| 3. | A description of the portion of the building covered by the certificate. |
| 4. | A statement that the described portion was inspected and found to comply with applicable codes and regulations for the intended occupancy and use classification. |
| 5. | The date of final approval; and |
| 6. | Any additional information deemed necessary by the Building Official. |
| 110.3 Temporary Certificate of Occupancy. The Building Official may issue a Temporary Certificate of Occupancy for the use or occupancy of any portion of a building or structure prior to the completion of all permitted work, provided it is determined that no substantial hazard will result from such use or occupancy. | |
| A Temporary Certificate of Occupancy shall: | |
| 1. | Specify the portion of the building or premises to be occupied; |
| 2. | Be valid for an initial period of thirty (30) calendar days; and |
| 3. | Be subject to a fee per 30-day period, as established by the adopted fee schedule. |
| If additional time is needed, the Building Official may, upon written request and justification, approve a longer duration by allowing multiple 30-day periods to be purchased in advance. The total authorized time shall be based on project-specific conditions and shall remain at the discretion of the Building Official. | |
| Upon expiration of a Temporary Certificate of Occupancy and any approved extensions, no portion of the building or premises shall be occupied until final approval, or a Certificate of Occupancy is issued. | |
| 110.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of the codes wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the codes. |
SECTION 111. SERVICE UTILITIES
| 111.1 Connection of service utilities. Connections from a utility, source of energy, fuel or power to any building or system that is regulated by the codes for which a permit is required, shall not be established until released by the building official. |
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| 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. |
| Temporary connections may be terminated by the building official in the event the permit for such work expires, temporary occupancy is terminated, or it is determined by the building official that conditions associated with the connected utility are not met. |
| 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the codes and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. |
SECTION 112. BOARD OF APPEALS
| 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. |
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| 112.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of the codes nor shall the board be empowered to waive requirements of the codes. The application for appeal shall be based on a claim that the true intent of the codes or the rules legally adopted thereunder have been incorrectly interpreted where the provision of the codes do not fully apply, or where an equally good or better form of construction is proposed. |
| 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. |
| 112.4 Applications, fees and findings. Any person appealing the decision of the building official shall file with the building official a written application accompanied by a filing fee in accordance with the fee schedule adopted by city council resolution at any time not more than 20 calendar days after the decision of the building official. |
| The application shall set forth and include any information as the building official may require. |
| Upon the filing of a verified application, the building official shall transmit said application forthwith to the board of appeals, and such board shall investigate, examine, review, hear testimony, from and on behalf of the applicant, and shall render findings and decisions on the matter in writing to the applicant with a duplicate copy to the building official within 20 days after the conclusion of its proceedings, the building official shall make all findings and decisions available to the public without fees. |
SECTION 113. VIOLATIONS AND PENALTIES
| 113.1 General. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure, grading on private property in the City of Seal Beach, or cause or permit the same to be done in violation of the codes. |
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| 113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of the codes, or in violation of a permit or certificate issued under the provisions of the codes. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. |
| 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of the codes or of the order or direction made pursuant thereto. |
| 113.4 Violation penalties. Any person who violates a provision of the codes or fails to comply with any of the requirements thereof or who erects, contracts, alters or repairs a building or structure in violation of the approved construction document or directive of the building official, or of a permit or certificate issued under the provision of this code, shall be subject to penalties as prescribed by law. |
SECTION 114. STOP WORK ORDER
| 114.1 Authority. Whenever the building official finds any work regulated by the codes being performed in a manner either contrary to the provisions of the codes or dangerous or unsafe, the building official is authorized to issue a stop work order. |
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| 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. |
| 114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. |
SECTION 115. UNSAFE STRUCTURES AND BUILDINGS
| 115.1 General. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this code or in any other effective ordinance or statute, are, for the purpose of this section, unsafe buildings and constitute an unsafe condition. All such unsafe buildings or conditions are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, improvement, removal, or demolition, in whole or part. A vacant building or structure that is not secure against entry shall be deemed unsafe. |
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SECTION 116. DEFINITIONS
In additions to the definitions specified in Chapter 2 of Residential, Building and Fire Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BUILDING CODE shall mean the City of Seal Building Code as adopted and amended. ELECTRICAL CODE shall mean the City of Seal Beach Electrical Code as adopted and amended. FIRE CODE shall mean the City of Seal Beach Fire Code as adopted and amended. HIGH-RISE STRUCTURE. Every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet above the lowest floor level having building access (see Section 403), except buildings used as hospitals as defined in the Health and Safety Code Section 1250 . MECHANICAL CODE shall mean the City of Seal Beach Mechanical Code as adopted and amended. OCFA: Orange County Fire Authority, fire authority having jurisdiction. PLUMBING CODE shall mean the City of Seal Beach Plumbing Code as adopted and amended. RESIDENTIAL CODE shall mean the City of Seal Beach Residential Code as adopted and amended. SKY LANTERN. An airborne lantern typically made of paper, Mylar, or other lightweight material with a wood, plastic, or metal frame containing a candle, fuel cell, or other heat source that provides buoyancy. SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
| 1. | Removing and retaining carbon and other flammable particles/ |
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| 2. | Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. |
(Ord. 1661; Ord. 1719, 10/13/2025)
9.60.020. California Codes Adopted by Reference and Amended¶
9.60.020.010. Building Code Adopted by Reference and Amended¶
§ 9.60.020.010.10. California Building Code Adopted by Reference.¶
Chapters 1 through 35 and Appendices F, I, J and P of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.010B of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section 9.60.020.010 of the Seal Beach Municipal Code.
(Ord. 1719, 10/13/2025)
§ 9.60.020.010.20. California Building Code Amended.¶
Chapters 1 and 9 of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
| 1. | Chapter 1 of Division II is deleted in its entirety. |
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| 2. | Chapter 9 is amended in its entirety to read: |
Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of the California Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach in Municipal Code Sections 9.60.020.060A and 9.60.020.060B.
(Ord. 1719, 10/13/2025)
9.60.020.020. Residential Code Adopted by Reference and Amended¶
§ 9.60.020.020.10. California Residential Code Adopted by Reference.¶
Chapters 2 through 10, Chapter 44, and Appendix J of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations, as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.020B of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code.
(Ord. 1719, 10/13/2025)
§ 9.60.020.020.20. California Residential Code Amended.¶
Chapter 3 of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, is hereby amended, deleted or added as follows:
- Section R301.1.3.2 is amended in its entirety to read:
R301.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.
- Section R309 Automatic Fire Sprinkler System is amended in its entirety to read:
R309 Automatic Fire Sprinkler System. Section 903 of Chapter 9 of the Seal Beach Fire Code (Title 9, Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the Section R309 of the Residential Code.
(Ord. 1719, 10/13/2025)
9.60.020.030. Electrical Code Adopted by Reference¶
§ 9.60.020.030.10. California Electrical Code Adopted by Reference.¶
Sections 89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section 9.60.020.030 of the Seal Beach Municipal Code.
(Ord. 1719, 10/13/2025)
9.60.020.040. Mechanical Code Adopted by Reference¶
§ 9.60.020.040.10. California Mechanical Code Adopted by Reference.¶
Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.
(Ord. 1719, 10/13/2025)
9.60.020.050. Plumbing Code Adopted by Reference¶
§ 9.60.020.050.10. California Plumbing Code Adopted by Reference.¶
Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section 9.60.020.050 of the Seal Beach Municipal Code.
(Ord. 1719, 10/13/2025)
9.60.020.060. Fire Code Adopted by Reference and Amended¶
§ 9.60.020.060.10. California Fire Code Adopted by Reference.¶
Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, CC, and H of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060B of this Code are hereby repealed, added or amended to read as set forth therein.
Not less than one copy of said 2025 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code.
(Ord. 1719, 10/13/2025)
§ 9.60.020.060.20. California Fire Code Modified.¶
Chapters 1, 2, 3, 4, 5, 9, 28, 50, 56, and 80 of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
A. Chapter 1 SCOPE AND ADMINISTRATION is adopted in only those sections and subsections adopted by the SFM with the following amendments:
- Section 113.4 Violation penalties is hereby revised as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
- Section 113.4.2 Infraction and misdemeanor is hereby added as follows:
113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
B. Chapter 2 DEFINITIONS is adopted in its entirety as amended by the SFM with the following amendments:
- Sections 202 General Definitions is hereby revised by adding "OCFA" and "Spark Arrester" as follows:
OCFA: Orange County Fire Authority, authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.
C. Chapter 3 GENERAL REQUIREMENTS is adopted in only those sections and subsections adopted by the SFM with the following amendments:
- Section 304.1.3 Vegetation is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 "Vegetation Management Guideline: Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program."
- Section 305.6 Hazardous conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.
When an official sign was caused to be posted by the fire code official, or a public announcement is made.
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
- Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
- Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces is hereby revised as follows:
Section 307 Open Burning, Recreational Fires, Fire Pits, Fire Rings, and Portable Outdoor Fireplaces
- Sections 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies is hereby added as follows:
307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
- Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
- Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies,
Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
Permanent fireplaces that are not located in a fuel modification zone.
Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
Section 324 Fuel Modification Requirements for New Construction
324.1 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program."
- Section 325 Clearance of Brush or Vegetation Growth from Roadways is hereby added as follows:
Section 325 Clearance of Brush or Vegetation Growth from Roadways
325.1 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
- Section 326 Unusual Circumstances is hereby added as follows:
Section 326 Unusual Circumstances
326.1 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
Difficult terrain.
Danger of erosion.
Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
Stands or groves of trees or heritage trees.
Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
Section 327 Use of Equipment is hereby added as follows:
Section 327 Use of Equipment
327.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows:
327.2 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.
Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
Keep a cell phone nearby and call 911 immediately in case of fire.
Section 327.3 Spark arresters is hereby added as follows:
327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
D. Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS is adopted in only those sections and subsections adopted by the SFM with the following amendment:
- Section 407.5 is hereby revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall follow OCFA Guideline G-04 "Completion of the Chemical Classification" in accordance with Section 5001.5.2.
E. Chapter 5 FIRE SERVICE FEATURES is adopted in its entirety as amended by the SFM with the following amendments:
- Section 501.1 Scope is hereby revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01 "Fire Master Plans for Commercial & Residential Development."
- Section 510.1 Emergency responder communications enhancement systems in new buildings is hereby deleted and replaced as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff's Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.
Exceptions:
- In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
1.1.¶
1.2. Elevators.¶
1.3. Structures that meet all of the following:¶
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story.
1.4. Structures that meet all of the following:¶
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.
- In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
F. Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is adopted in its entirety as amended by the SFM with the following amendments:
- Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
- New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in Section 903.2.10(3) or 903.2.10.1 of the California Fire Code.
- Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
2.1.¶
When an addition exceeds 2,000 square feet, and the resulting building area exceeds 5,000 square feet.
Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8(2).
- Section 903.2.8 Group R is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages.
Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
2.2.¶
2.3. Any addition to an existing building which has fire sprinklers installed.¶
The exceptions in this section remain unchanged.
- Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
G. Chapter 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES is adopted in its entirety with the following amendments:
- Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Sections 105.5. and 105.5.31.
- Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site.
- Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
Fire apparatus access roads around the piles-and access roads to the top of the piles shall be established, identified, and maintained.
Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
Section 2808.3.1 Increase in pile or stack size is hereby deleted in its entirety.
Section 2808.4 Pile separation is hereby revised as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
- Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
- Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
- Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
- Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
- Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.
- Section 2808.12 Water availability is hereby added as follows:
2808.12 Water availability. Facilities with over 2,500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2,500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5,000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
- Section 2808.13 Tipping areas is hereby added as follows:
2808.13 Tipping areas shall comply with the following:
Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
Material within a tipping area shall not exceed 5 feet in height at any time.
Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.
A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.
All material within a tipping area shall be processed within 5 days of receipt.
Section 2808.14 Emergency contact is hereby added as follows:
2808.14 Emergency contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency situation.
- Section 2808.15 Maximum grid of piles and rows is hereby added as follows:
2808.15 Maximum grid of piles and rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.
- Section 2808.16 Push-out/clear area is hereby added as follows:
2808.16 Push-out/clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.
H. Chapter 50 HAZARDOUS MATERIALS — GENERAL PROVISIONS is adopted in its entirety as amended by the SFM with the following amendments:
- Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall follow OCFA Guideline G-04 "Completion of the Chemical Classification", which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.
- Section 5003.1.1.1 Extremely hazardous substances is hereby added as follows:
5003.1.1.1 Extremely hazardous substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et seq.) in a residential zoned or any residentially developed property.
I. Chapter 56 EXPLOSIVES AND FIREWORKS is adopted in its entirety as amended by the SFM with the following amendments:
- Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.
- Section 5608.3 Application for permit is hereby added as follows:
Section 5608.3 Application for permit.
A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
J. Chapter 80 REFERENCED STANDARDS is adopted in its entirety as amended by the SFM with the following amendments:
- NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
a. Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
b. Section 9.4.3.1 is hereby revised as follows:
9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in Section 3.3.223.4.16
(2) Residential sprinklers in accordance with the requirements of Chapter 12
(3) Quick-response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers.
(6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
c. Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2 1/2" inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2 1/2" inlets shall be provided.
- NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
a. Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
- NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
a. Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
(1) Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
(2) Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
b. Section 6.2.9 is hereby revised as follows:
All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building.
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(b) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 ft (12 m) away.
(c) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m).
(2) A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall.
(3) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building.
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(b) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 ft (12 m) away.
(c) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m).
(4) Indicating control valves installed in a fire-rated room accessible from the exterior.
(5) Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ.
(6) Any other valve type or location as permitted by the AHJ.
c. Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings.
d. Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt, bituminous, or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
e. Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
f. Section 10.4.3.2 is hereby deleted and replaced as follows:
10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with Sections 10.4.3.2.1 through 10.4.3.2.4.
(Ord. 1719, 10/13/2025)
§ 9.60.020.060.70. Effect of Adoption.¶
The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
A. Actions and proceedings which began the effective date of this code.
B. Prosecution for ordinance violations committed before the effective date of this code.
C. Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
D. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.
E. Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.
(Ord. 1719, 10/13/2025)
§ 9.60.020.060.80. Penalty; Violations.¶
A. General Penalty; Continuing Violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein.
B. Violations Including Aiding, Abetting, and Concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code.
C. Enforcement by Civil Action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
(Ord. 1719, 10/13/2025)
§ 9.60.030. Sandblasting.¶
A. Permit Required. No person shall engage in sandblasting the outside of any building or structure in the city without first obtaining a permit to do so from the building official.
B. Such permit is required for the purpose of placing the city on notice regarding intended sandblasting operations, thus making possible the inspection of sandblasting operations in the city so that sandblasting regulations enacted for the protection of the health and property of members of the public may effectively be enforced.
C. No sandblasting permit shall be issued to any person not licensed or otherwise prohibited by state law from engaging in sandblasting operations.
D. A separate permit shall be required for each separate premise, court or group of structures to be sandblasted. More than one actual building or structure may be included on a single permit if all said buildings or structures are on one lot or one contiguous parcel of land.
E. Application for Permit. Each permit application shall contain the following information:
The name and address of the person or company applying for the permit.
The name and address of the foreman or person who will be actually directing the job for the applicant.
The location of the job.
The building or structure or portion thereof to be sandblasted.
The estimated length of time of the job.
A statement of the amount of the applicant's public liability and property damage insurance, giving the name and address of the company issuing the policy.
Such other information as the building official shall reasonably require to aid proper inspection and enforcement of city sandblasting regulations.
F. Inspection Fee. No sandblasting permit shall be issued prior to the payment of an inspection fee set forth in the fee schedule. No checking fee or other type of additional fee shall be required.
G. Notice of Sandblasting. Any person conducting sandblasting in the city shall, not less than 24 hours prior to said sandblasting, deliver to each residence or business establishment within 100 feet of all buildings or structures to be sandblasted, a written notice in a form provided by the building official.
H. Dry Sandblasting. No person shall engage in "dry" sandblasting in the city in the absence of written special permission from the building official. Said special permission to be granted only if the particular circumstances of the job make wet sandblasting impractical.
I. Hours. No person shall engage in sandblasting before 8:00 a.m. or after 5:00 p.m. of any day, or on Sunday or legal holidays, in any neighborhood that is exclusively a residential neighborhood or upon any structure which is within 100 feet of any inhabited single or multi-unit residential dwelling. All clean-up work must be done before 5:00 p.m. In commercial areas, sandblasting is to be done from 11:00 a.m. to 7:00 p.m. All clean-up must be done by and/or before 7:00 p.m.
J. Property Protection. No person shall engage in sandblasting, liquid washing, compressed air cleaning or steam cleaning of exterior surfaces of buildings without first protecting adjacent property, public streets and pedestrian walkway areas by erecting canvas or other suitable barriers sufficient to protect them from the sandblasting or blowing of and/or water.
(Ord. 1600; Ord. 1634; Ord. 1661)
9.60.040. Pool and Spa Code¶
9.60.040.010. International Swimming Pool and Spa Code Adopted by Reference and Amended¶
§ 9.60.040.010.10. International Swimming Pool and Spa Code Adopted by Reference.¶
A. 2018 International Swimming Pool and Spa Code as published by International Code Council, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.040.020 of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the International Swimming Pool and Spa Code shall be as set forth in Section 9.60.010 of this Code.
B. Not less than one copy of said 2018 International Swimming Pool and Spa Code together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the community development department and shall remain on file with the building official, and shall collectively be known as the City of Seal Beach Swimming Pool and Spa Code and may be cited as Section 9.60.040.010 of the Seal Beach Municipal Code.
(Ord. 1681)
§ 9.60.040.010.20. International Swimming Pool and Spa Code Amended.¶
Chapter 1 is deleted in its entirety.
Chapter 2 the following definitions added to read:
In addition to the definitions specified in Chapter 2 Section 202 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section.
| 1. | Where the term International Building Code is used it shall be replaced with the term California Building Code. |
|---|---|
| 2. | Where the term International Residential Code is used it shall be replaced with the term California Residential Code. |
| 3. | Where the term International Plumbing Code is used it shall be replaced with the term California Plumbing Code. |
| 4. | Where the term International Energy Conservation Code is used it shall be replaced with the term California Energy Code. |
| 5. | Where the term International Fire Code is used it shall be replaced with the term California Fire Code. |
| 6. | Where the term International Fuel Gas Code is used it shall be replaced with the term California Plumbing Code. |
| 7. | Where the term International Mechanical Code is used it shall be replaced with the term California Mechanical Code. |
| 8. | Where the term NFPA 70 is used it shall be replaced with the term California Electrical Code. |
(Ord. 1681)
9.60.040.020. Chapter 1 amended.¶
(Ord. 1634; Ord. 1661)
The text within Chapter 1 is deleted and replaced with the following:
| Chapter 1 Administrative Provisions |
|---|
| Section 101. For administrative provisions for this code, see Section 9.60.005.040. |
9.60.050. Solar Energy System Permit Expediting¶
§ 9.60.050.010. Purpose.¶
The purpose of this section is to establish an expedited, streamlined solar energy system permitting process for small residential rooftop solar energy systems that complies with the Solar Rights Act and Assembly Bill 2188 (Chapter 521, Statutes of 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting the public health and safety.
(Ord. 1657; Ord. 1661)
§ 9.60.050.020. Applicability.¶
A. This section applies to the permitting of all small residential rooftop solar energy systems in the city.
B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of the small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
(Ord. 1657; Ord. 1661)
§ 9.60.050.030. Definitions.¶
The following words and phrases as used in this section are defined as follows:
"Small residential rooftop solar energy system"
means all of the following:
A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
A solar energy system that is installed on a single- or duplex-family dwelling.
A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
"Solar energy system"
has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, re-numbered, or redesignated from time to time.
"Association"
means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
"Common interest development"
means any of the following:
A community apartment project.
A condominium project.
A planned development.
A stock cooperative.
"Electronic submittal"
means the utilization of one or more of the following:
Electronic mail or e-mail.
City's website.
Facsimile.
"Significant"
with regards to solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, to mean an amount exceeding 10% of the cost of the system, not to exceed $1,000 or decreasing the efficiency of the solar energy system by an amount exceeding 10%, and with regard to photovoltaic systems that comply with state and federal law, an amount not to exceed $1,000 over the system cost or a decrease in system efficiency of an amount exceeding 10%.
"Specific, adverse impact"
means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(Ord. 1657; Ord. 1661)
§ 9.60.050.040. Solar Energy System Requirements.¶
A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city, and the local utility provider's electricity grid.
B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Ord. 1657; Ord. 1661)
§ 9.60.050.050. Duties Of Building and Safety Division and Building Official.¶
A. All documents required for the submission of an expedited solar energy system application shall be made available on the city's website.
B. An applicant may submit the permit application and associated documentation to the city's building and safety division by personal delivery, mail, or electronic submittal together with any required permit processing and inspection fees.
C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
D. The city's building and safety division shall adopt a standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
E. The small residential rooftop solar system permit process, standard plan(s) and checklist(s) shall substantially conform to recommendations for expedited permitting, including the standard plan(s) and checklist(s) contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(Ord. 1657; Ord. 1661)
§ 9.60.050.060. Permit Review and Inspection Requirements.¶
A. Prior to submitting an application, the applicant shall:
Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.
B. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
C. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
D. Except as otherwise required by subsection E of this section, upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist and standard plan(s), the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
E. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance, shall be sent to the applicant for resubmission.
F. Requirement for a Use Permit.
Notwithstanding any other provision of this section, the building official may require the applicant to apply for a use permit if the building official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health or safety.
If a use permit is required, the building official may deny an application for the use permit if the building official makes written findings based on substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon health or safety at the lowest possible cost.
A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance, or as such statute may be amended from time to time.
Any decision of the building official under this subsection F may be appealed to the planning commission.
(Ord. 1657; Ord. 1661)
§ 9.60.050.070. Fees.¶
The city council may adopt or amend plan review and permit fees by resolution to implement and administer this section. The applicant shall pay all plan review fees at the time of plan review submittal. Permit fees shall be paid at the time of permit issuance.
(Ord. 1657; Ord. 1661)
§ 9.60.050.080. Conflicting Provisions.¶
In the event of any conflict between this section and any other provision of this Code, this section shall control.
(Ord. 1657; Ord. 1661)
9.60.060. Abatement of Dangerous Buildings Code¶
§ 9.60.060.010. Abatement of Dangerous Buildings Code - Adopted by reference.¶
A. The City Council of the City of Seal Beach hereby adopts by reference the 1997 Edition of the Uniform Code for Abatement of Dangerous, as published by the International Code Council, as Section 9.60.130.010 of Chapter 9.60 of Title 9 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said Code is adopted and incorporated as if fully set forth herein.
B. The purpose of this code is to prescribe regulations for the protection of the public health and safety and to establish minimum regulations for the abatement of dangerous buildings within the city.
(Ord. 1634; Ord. 1661)
§ 9.60.070. Safety Assessment Placards.¶
A. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Seal Beach. The city council may extend the provisions as necessary.
B. For the purposes of this section, the following definition applies:
- Safety Assessment: a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
C. Safety Assessment Placards.
- The following Safety Assessment Placards shall be used to designate the condition for continued occupancy of buildings or structures.
a. INSPECTED - Lawful Occupancy Permitted shall be posted on any building or structure wherein no apparent structural hazard has been found and shall not mean that there is no damage to the building or structure.
b. RESTRICTED USE shall be posted on each damaged building or structure wherein the damage has resulted in some form of restriction to the continued occupancy. The Restricted Use placard shall contain a general description of the type of damage encountered and shall clearly and concisely note the restrictions on continued occupancy.
c. UNSAFE - Do Not Enter or Occupy shall be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life, health, or safety. No person or persons shall enter a building or structure on which such a placard has been posted under any circumstance except safety assessment teams or persons authorized in writing by the building official. The "Unsafe – Do Not Enter or Occupy" placard shall not be used or construed to be a demolition order. The individual who posts such placard shall note thereon in general terms the type of damage encountered.
Every Safety Assessment Placard shall cite this section number, and include the city's name, address, and phone number.
Once a Safety Assessment Placard has been attached to a building or structure, it shall not be removed, altered or covered except by an authorized representative of the building official. It shall be unlawful for any person, firm, or corporation to alter, remove, cover, obscure, or deface a Safety Assessment Placard unless authorized pursuant to this section.
The form of Safety Assessment Placard shall be substantially the same as follows:
| INSPECTED |
|---|
| LAWFUL OCCUPANCY PERMITTED | |
|---|---|
| This structure has been inspected (as indicated below) and no apparent structural hazard has been found. | Date: _____________________ Time: _____________________ |
| Inspected Exterior Only | ( Caution : Aftershocks since inspection may increase damage and risk) |
| Inspected Exterior and Interior | |
| Report any unsafe condition to local authorities; reinspection may be required. | This facility was inspected under emergency conditions by: |
| Inspector comments: | City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562)431-2527 |
| Facility Name and Address: | Inspector ID/ |
| Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official (Municipal Code Section 9.60.070 ) |
|---|
| RESTRICTED USE |
|---|
| Caution: This structure has been inspected and found to be damaged as described below: | Date: _____________________ Time: _____________________ ( Caution: Aftershocks since inspection may increase damage and risk) |
|---|---|
| Entry, occupancy, and lawful use are restricted as indicated below | This facility was inspected under emergency conditions by: |
| Do not enter the following areas: | City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 |
| Brief entry allowed for access to contents: | Inspector ID/ |
| Other restrictions: | Facility Name and Address: |
| Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official (Municipal Code Section 9.60.070 ) |
|---|
| UNSAFE | |
|---|---|
| DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION ORDER) |
| Caution: This structure has been inspected, found to be seriously damaged and is unsafe to occupy as described below: | Date: _____________________ Time: _____________________ This facility was inspected under emergency conditions by: |
|---|---|
| Do not enter, except as specifically authorized in writing by the City of Seal Beach. Entry may result in death or injury. | City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 |
| Facility Name and Address: | Inspector ID/ |
| Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official (Municipal Code Section 9.60.070 ) |
|---|
(Ord. 1600; Ord. 1634; Ord. 1661)
§ 9.60.080. Nonsubdivision Development Standards.¶
A. Construction of Curbs, Gutters and Sidewalks.
- Requirements. Any person constructing or arranging for the construction of any commercial building, industrial building, residential building or any other facility, or addition thereto, exceeding 400 square feet in floor area, who is not otherwise required to make the improvements enumerated herein, shall provide for the construction of concrete curbs, gutters, sidewalks and pavement on the one-half of the street and alley abutting the lot on which the building or facility is to be constructed in accordance with the standard specifications of the city engineer unless adequate concrete curbs, gutter, sidewalks and pavement already exist along all streets and alleys abutting the lot on which the building or facility is to be constructed, except as provided in subsection B below.
Curbs, gutters and sidewalks required to be constructed by this section shall be located within the street right-of-way at the locations and grades established by the city engineer.
Delay of Construction. Notwithstanding any other provision of this article, the city engineer may delay the construction of curbs, gutters and/or sidewalks and pavement upon determining that the street grade cannot be readily established or when on a block by block basis in the immediate vicinity of the proposed development appears to the engineer to be imminent, provided the property owner posts a cash bond with the city insuring the construction may be performed in a more efficient and expeditious manner.
Improvement Procedure.
a. Any person required to make improvements by the provisions of this section shall file with the city engineer a bond in such amount as the city engineer shall estimate and determine to be necessary to complete all of the improvements required.
b. Such bond may be either a cash bond or a bond executed by a company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done and should the work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal and, if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State of California.
- Approval and Acceptance by Building Official. The building official shall deny final approval and acceptance on final public utility connections to any commercial building, industrial buildings, residential building, or any other facility until such concrete curbs and gutters, or concrete curbs, gutters, sidewalks and pavement exist or are constructed, or their construction is guaranteed by cash deposited with the city in a sum determined by the city engineer, based upon the number of lineal feet of concrete curbs, gutters, sidewalks and pavement to be installed.
Whenever the owner elects to deposit a cash bond, the city is authorized in the event of any default on his part to use any or all of the deposit money to cause all of the required work to be done or completed and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.
When a substantial portion of the required improvement has been completed to the satisfaction of the city engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the city engineer may accept the completed portion and consent to a proportionate reduction of the surety bond in an amount estimated and determined by the city engineer to be adequate to assure the completion of the required improvement remaining to be made.
B. Existing Public Utilities.
- Required. Any person constructing or arranging for the construction of any commercial building, industrial building, residential building, or addition thereto exceeding 2,000 square feet in floor area, shall be required to replace existing public utilities facilities such as street lighting, water and sewer lines, and related appurtenances serving the property if in the determination of the city engineer the existing public utilities facilities are insufficient to accommodate such construction.
C. Future Undergrounding of Utilities. Any person constructing or arranging for the construction of any commercial building, industrial building, residential building or any other facility, or addition thereto, exceeding 400 square feet in floor area or ground area, or any accessory building having an area greater than 400 square feet, shall provide for future underground power and telephone connections. Undergrounding facilities shall consist of conduits acceptable to the city engineer running from the power panel and/or telephone line hookup to the appropriate utility easement, alley, or street as determined by the city engineer.
D. Development Fee for Park and Recreation Facilities. Any person constructing or arranging for the construction of any residential dwelling unit shall, through the payment of a fee, provide at least in part for the park and recreational needs of the proposed development's inhabitants.
The amount of the park and recreation fee to be levied pursuant to this section shall be as adopted by the city council on a dwelling unit basis. The building official shall not issue a building permit until such fee has been paid to the city.
Provided, however, that the net increase in the number of dwelling units situated upon a lot shall be used in determining the fee to be levied under the provisions of this section, and provided further that this section shall not apply to any property the subdivision of which has caused either the dedication of parkland or the payment of a fee in lieu thereof.
(Ord. 1600; Ord. 1634; Ord. 1661)
9.60.090. Electric Vehicle Charging Station Permit Expediting¶
§ 9.60.090.010. Purpose.¶
The purpose of this section is to create an expedited, streamlined electric vehicle charging station permitting process that complies with Government Code Section 65850.7 to achieve timely and cost-effective installations of electric vehicle charging stations.
(Ord. 1686)
§ 9.60.090.020. Applicability.¶
This section applies to the permitting of all electric vehicle charging systems in the city. Electric vehicle charging systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements of the components of an electric vehicle charging station shall not be considered a material change.
(Ord. 1686)
§ 9.60.090.030. Definitions.¶
"Electric vehicle charging station" or "charging station"
means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.
"Electronic submittal"
means the utilization of one or more of either electronic mail, the Internet, or facsimile.
"Feasible method to satisfactorily mitigate or avoid the specific adverse impact"
includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the city on another similarly situated application in a prior successful application for a similar permit.
"Specific adverse impact"
means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(Ord. 1686)
§ 9.60.090.040. Expedited Review Process.¶
A. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" found in the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The checklist, application form, and any other documents required by the building official to process an application shall be published on the city's website.
B. Anyone seeking to install an electric vehicle charging station at any site within the city may apply to the building official for an expedited nondiscretionary building permit.
C. An application for an expedited building permit for an electric vehicle charging station and all associated documentation may be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.
D. An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the chief building official determines that the application satisfies all the requirements found in the checklist.
E. If an application is deemed incomplete, a written plan check correction notice will be available to the applicant within 10 working days, detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be given to the applicant for resubmission.
F. If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.
G. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the applicant must apply for an electric vehicle charging station use permit in order to install the proposed charging station.
H. An application for an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered. In addition, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by a homeowners association, as that term is defined by Civil Code Section 4080.
I. A decision of the building official made pursuant to subsections F through H of this section may be appealed to the planning commission. The planning commission's review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.
J. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(Ord. 1686)
§ 9.60.090.050. Additional Electric Vehicle Charging System Requirements.¶
A. All electric vehicle charging systems shall meet all applicable health and safety standards and requirements, including, but not limited to, any requirements imposed by the state, local fire department, California Building and Electrical Code, this code, and federal laws, including the Americans with Disability Act.
B. All electric vehicle charging systems shall further meet the applicable safety and performance standards established by the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as underwriters laboratories, and rules of the public utilities commission regarding safety and reliability.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
(Ord. 1686)
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