South Pasadena Municipal Code § 9.1 Building code administration

All of the below sections and subsections in this section shall read as having a prefix of 9.1- as in the below table.

SECTION 101—TITLE, PURPOSE, INTENT AND SCOPE

101.1 Title. Sections 9.1, 9.1.1 and 9.1.2 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Building Code of the City of South Pasadena, may be cited as such, and will be referred to herein as “these Building Regulations” or “these Building Standards” or “this Building Code.”

101.2 Purpose and Intent. The purpose of this Code 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. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This Code shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents, any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions.

101.3 Scope and Applicability. The provisions of this Chapter shall apply to the erection, construction, enlargement, alteration, installation, reconstruction, repair, movement, improvement, connection, conversion, demolition, use and occupancy of any building, structure or premises, or portion thereof, and grading within the City.

The provisions of this Chapter shall not apply to work located primarily in a public right-of-way other than pedestrian protection structures within the jurisdiction of the Building Code; public utility towers and poles; equipment not within the scope of this Chapter; hydraulic flood control structures; work exempted by Section 107.2 of this Chapter; or minor work of negligible hazard to life specifically exempted by the building official.

Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Section 109 of this Code and the Existing Building Code as amended and adopted by the City.

Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Residential Code as amended and adopted by the City.

Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

The codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced codes and standards, the provisions of this Code shall apply.

The provisions of this Code shall not be deemed to nullify any provisions of local, state or federal law.

In the event any differences in requirements exist between the accessibility requirements of this Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern.

102—UNSAFE BUILDINGS

102.1 Definition. All buildings or structures which are structurally unsound 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, lacking an approved water supply, hazardous electrical, unsafe gas piping or appliances or abandonment as specified in this Code or any other effective ordinance, are, for the purpose of this Chapter, unsafe buildings. Whenever the Building Official determines by inspection that a building or structure, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazard from landslide, settlement, or slippage or any other cause, such building shall, for the purpose of this Chapter, be considered an unsafe building.

No person shall own, use, occupy or maintain any unsafe building.

All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the Building Official may abate an unsafe condition or order that the unsafe condition be secured, repaired, rehabilitated, demolished or removed as deemed necessary by the Building Official in accordance with the procedure specified in this Code.

As used in this Chapter “party concerned” means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.

102.2 Notice of Unsafe Building. The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if, in the Building Official’s opinion, such is found to be an unsafe building as defined in this Chapter, the Building Official shall give to the party concerned written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises to:

1. Immediately remove, backfill, shore up or secure such unsafe condition, and/or

2. Within 48 hours, apply for required permit(s) and commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof.

All such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the Building Official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official.

Proper service of such notice shall be by personal service or by registered or certified mail upon every party concerned. In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting on the structure a copy of the notice.

The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin ten days following the date of posting.

The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

A person notified to vacate an unsafe building by the Building Official shall vacate within the time specified in the order.

The Building Official may record a notice of violation with the County Recorder’s Office that the building or structure described has been inspected and found to be an unsafe building, as defined in this Chapter, and that the owner thereof has been so notified. After all required work has been completed, upon request and payment of required fee(s) the Building Official shall record a notice rescinding the prior notice of violation with the County Recorder’s Office.

102.3 Posting of Signs. The Building Official shall cause to be posted on buildings required to be vacated or remain unoccupied a notice to read substantially as follows: “Restricted Use” or “Unsafe—Do Not Enter or Occupy” as described in Section 102.6. All placards shall read “Planning and Building Department, City of South Pasadena.”

Such notice shall be posted at the main entrance and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

102.4.1 Right of hearing. The party concerned or the Building Official may request a hearing regarding the unsafe condition of the building or structure. The request by the interested party shall be made in writing to the Building Official within 30 days of the date of the notice of the unsafe condition. A hearing shall be requested by the Building Official prior to demolition or repair of an unsafe building by the City except when such demolition or repair is done under the emergency procedure set forth in this Chapter.

All interested parties who desire to be heard may appear before the Building Board of Appeals to show cause why the building or structure should not be ordered repaired, vacated and repaired, or demolished.

102.4.2 Notice of hearing. Not less than ten days prior to the hearing, the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon every party concerned.

102.4.3 Form and contents of notice. The notice of hearing shall state:

1. The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.

2. The conditions because of which the Building Official believed that the building or structure is an unsafe building.

3. The date, hour and place of the hearing.

102.4.4 Posting of notice. The Building Official shall post one copy of the notice of hearing in a conspicuous place on the unsafe building involved, not less than ten days prior to the hearing.

102.4.5 Hearing by Building Board of Appeals. The Building Board of Appeals shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.

The Building Board of Appeals shall make written findings of fact as to whether or not the building or structure is an unsafe building as defined in this Chapter.

When determined by the Building Official, the Building Rehabilitation Appeals Board shall hold the hearing in lieu of the Building Board of Appeals.

102.4.6 Order. If the Building Board of Appeals finds that the building or structure is an unsafe building, it shall make an order based on its finding that:

1. The building or structure is an unsafe building and directing that repairs be made and specifying such repairs, or

2. The building or structure is an unsafe building and directing that it be vacated and that specified repairs be made, or

3. The building or structure is an unsafe building and directing that it shall be vacated and demolished.

The order shall state the time within which the work required must be commenced, which shall not be less than 10 nor later than 30 days after the service of the order. The order shall state a reasonable time within which the work shall be completed. The Building Board of Appeals for good cause may extend the time for completion in writing.

The order shall be served upon the same parties and in the same manner as required by Section 102.4.2 for the notice of hearing. It shall also be conspicuously posted on or about the building or structure.

102.5.1 Work by City. If the repairs or demolition necessary to remove the unsafe condition as set forth in the Notice of Unsafe Building is not made within the designated period and a hearing has not been requested by any party concerned, the Building Official shall request that a hearing be held regarding the unsafe condition. If the finding by the Building Board of Appeals is not complied with within the period designated by the Board, the Building Official may then secure or demolish such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the Building Board of Appeals.

102.5.2 Emergency procedure. Whenever any portion of a structure constitutes an immediate hazard to life or property, and in the opinion of the Building Official, the conditions are such that repairs, or demolition must be undertaken within less than the designated period, the Building Official may take necessary action, such as performing alterations, repairs, and/or demolition of the structures, to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the Building Official’s opinion, immediate action is necessary.

102.5.3 Costs. The costs incurred by actions taken pursuant to Sections 102.5.1 and 102.5.2 including the entire cost of the services rendered by the County, shall be a special assessment against the property upon which the structure stood. The Building Official shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. Within five days of the receipt of such notice, any such party concerned may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment. Any party concerned who did not receive a notice pursuant to Section 102.2 and who has not had a hearing on the necessity of the demolition or repairs in such request for hearing also may ask that such necessity be reviewed. The Building Board of Appeals thereupon shall set the matter for hearing; give such party concerned notice thereof as provided in Section 102.4.2; hold such hearing and determine the reasonableness or correctness of the assessment, or both; and if requested, determine the necessity of the demolition or repairs. The Building Board of Appeals, in writing, shall notify such party concerned of its decision. If the total assessment determined as provided for in this section is not paid in full within 10 days after receipt of such notice from the Building Official or the Building Board of Appeals, as the case may be, the Building Official shall record

in the office of the Department of Registrar-Recorder a statement of the total balance still due and a legal description of the property. From the date of such recording, such balance due shall be a special assessment against the parcel.

The assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All the laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such special assessment.

102.5.4 Interference Prohibited. A person shall not obstruct, impede, or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the Building Board of Appeals to be repaired, vacated and repaired, or vacated and demolished or removed, whenever the Building Official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this Chapter, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.

102.5.5 Prosecution. In case the owner shall fail, neglect or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the Building Official shall cause the owner of the building to be prosecuted as a violator of this Code.

102.6 Posting of signs for damage assessment. The building official shall cause placard(s) to be posted on buildings upon completion of a safety assessment.

All placards shall read “Planning and Building Department, City of South Pasadena.” The placards shall also indicate the condition of the structure for continued occupancy, and shall read substantially as follows:

1. “INSPECTED—Lawful Occupancy Permitted” (green placard) shall be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2. “RESTRICTED USE” (yellow placard) shall be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. This placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. “UNSAFE—Do Not Enter or Occupy” (red placard) shall be posted on each building or structure that has been damaged such that the continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. This placard is not to be used or considered as a demolition order. This placard will note in general terms the type of damage encountered.

Such notice shall be posted at the main entrance(s) and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

103.1 Compliance with Code. It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or perform any grading in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

103.2 Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

103.3 Penalty. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code.

103.4.1 General. The Building Official may record a notice with the County Recorder’s Office that a property, building, or structure, or any part thereof, is in violation of any provision of this Code provided that the provisions of this Section are complied with. The remedy provided by this Section is cumulative to any other enforcement actions permitted by this Code.

103.4.2 Recordation. If (1) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Code; and if (2) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code.

Following the recordation of the notice of violation the Building Official is not required to conduct an inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other

similarly interested private party to comply with the above provisions.

103.4.3 Notice. The written notice given pursuant to this Section shall indicate:

2. That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.

103.4.4 Rescission. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the Building Official determines that the work covered by such permit(s) has been satisfactorily completed, the Building Official may record a notice rescinding the prior notice of violation.

103.5 Costs. Any person who violates any provision of this Code shall be responsible for the costs of any and all Code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified in Section 115.

103.6 Work Without Permit. Whenever any work has been commenced without a permit as required by the provisions of this Code, a special investigation shall be made prior to the issuance of the permit. An investigation fee specified as per Section 115 shall be collected for each permit so investigated.

Exception: When the building official has determined that the owner-builder of a one- or two-family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building Division, the investigation fee may be adjusted in accordance with the Fee Resolution.

The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law.

For additional provisions applicable to grading, see Appendix J.

103.7 Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, the building official shall have the authority to collect a noncompliance fee.

The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order.

For additional provisions applicable to grading, see Appendix J.

104.1 Building Division. There is hereby established a division in the City Planning and Building Department to be known and designated as the Building Division.

104.2.1 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Chapter, all Codes adopted by reference including the Building, Residential, Electrical, Mechanical, Plumbing and Existing Building Codes, as well as all requirements of California Title 24; and to make all inspections pursuant to the provisions of each respective Code having jurisdiction over any portion of the work. Within the scope of this Chapter, the Building Official shall have the powers of a law enforcement officer.

The Building Official shall have the power to render interpretations of any Code having jurisdiction over any work within the scope of this Chapter, and to adopt and enforce rules and supplemental regulations in order to clarify the application of each Code. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this Chapter.

The use of all buildings or structures shall be classified by the Building Official based on use or character in accordance with the Building Code as adopted by the City.

The Building Official shall classify every building or structure into one or more Types of Construction in accordance with the Building Code as adopted by the City.

104.2.1.1 The Building Official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. A copy of said regulations and policies shall be maintained in the offices of the Building Official.

104.2.2 Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division.

104.2.3 Right of entry.

104.2.3.1 Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in any building, structure, or grading, or upon any premises any condition which makes such building, structure, or grading, or premises hazardous, unsafe, or dangerous for any reason specified in this Code or other similar law, the Building Official or an authorized representative hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building Official by this Code or other applicable law; provided that (i) if such property is occupied, then the Building Official shall first present proper credentials to the occupant and request entry explaining the reasons therefor; and (ii) if such property is unoccupied, then the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefor.

If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence or if entry is refused, then the Building Official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

104.2.3.2 Notwithstanding the foregoing, if the Building Official or an authorized representative has reasonable cause to believe that the building or grading or premises is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the Building Official shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

104.2.3.3 “Authorized representative” shall include the officers named in section 104.2.2 and their authorized inspection personnel.

104.2.3.4 No person shall fail or refuse, after proper demand has been made upon such person as provided in this subsection, to promptly permit the Building Official or an authorized representative to make any inspection provided for by Subsection 104.2.3.2. Any person violating Section 104.2.3 shall be guilty of a misdemeanor.

104.2.4 Stop orders. Whenever any building or grading work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

104.2.5 Occupancy violations. Whenever any structure or portion thereof is being used contrary to the provisions of this Code, or other pertinent laws or ordinances, or whenever any structure or portion thereof which was built contrary to the provisions of this Code or other pertinent laws or ordinances, is being used or occupied, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within 10 days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code, provided, however, that in the event of an unsafe building Section 102 shall apply.

104.2.6 Liability. The liability and indemnification of the Building Official and any subordinates are governed by the provisions of Division 3.6 of Title 1 of the Government Code.

104.2.7 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications, on a case-by-case basis, provided the building official shall first find that a special individual reason makes the strict letter of this Code, relevant laws, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant laws, ordinances, rules and regulations, and that such modification does not lessen any fire protection or other life safety-related requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City.

A written application for the granting of such modifications shall be submitted together with a filing fee established by separate fee resolution or ordinance.

104.2.8 Alternate materials, design and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material, appliances, installation, device, arrangement, method, design or method of construction not specifically prescribed by this Code. The building official may approve on a case-by-case basis any such alternate, provided that he or she finds that the proposed design is satisfactory and complies with the provisions of this Code and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance and other life-safety factors, durability, planning and design, energy, material resource efficiency and conservation, environmental air quality, performance, water and sanitation.

The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.

A written application for use of an alternate material, design or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance.

104.2.9 Tests. Whenever there is insufficient evidence of compliance with the provisions of this Code or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be made at the expense of the owner or the owner’s agent by an approved agency.

Test methods shall be as specified by this Code for the material in question. If there are no appropriate test methods specified in this Code, the Building Official shall determine the test procedure.

Reports of such test shall be retained by the Building Official in accordance with the City’s guidelines for the retention of public records.

104.2.10 Cooperation of other officials. The Building Official may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City.

104.2.11 Demolition. Whenever the term “demolition” or “demolish” is used in this Code it shall include the removal of the resulting debris from such demolition the proper abandonment of any sewer or sewage disposal system when applicable, and the protection or filling of excavations exposed by such demolition as may be required by this Code or other ordinances or laws.

104.2.12 Service. Whenever in this Code a notice is required to be served by personal service or by registered or certified mail, it shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record and on the record of the County Assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the structure a copy of the notice.

104.2.13 Amendments to Ordinances.

Whenever any reference is made to any other ordinance such reference shall be deemed to include all future amendments thereto.

104.2.14 Validity. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid.

104.3 Definitions. In addition to the definitions specified in any Code adopted by the City or any definition specified in California Title 24, 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.

BOARD OF SUPERVISORS shall mean the City Council.

BUILDING CODE shall mean the Los Angeles County Code Title 26 as adopted and amended by the City.

BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Planning and Building Department.

BUILDING OFFICIAL shall mean the Director of Planning and Building Department or other designated authority charged with the administration and enforcement of this Code, or the director’s duly authorized representative.

BUILDING REHABILITATION APPEALS BOARD shall mean the City Council.

CALGREEN see Green Building Standards Code definition.

CODE (or THIS CODE) shall mean the South Pasadena Municipal Code and/or the respective Building, Residential, Electrical, Mechanical, Plumbing or Existing Building Code depending on the context and intent of the specific reference. The use of the term ‘this code’ explicitly assumes the possibility that two or more codes are being referred to simultaneously.

COUNTY may mean City or Los Angeles County depending on the context.

DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by any Code, relevant laws, ordinances, rules and/or regulations.

ELECTRICAL CODE shall mean the Los Angeles County Code Title 27 as adopted and amended by the City.

ENERGY CODE shall mean California Code of Regulations Title 24, Part 6.

EXISTING BUILDING CODE shall mean the Los Angeles County Code Title 33 as adopted and amended by the City.

FACTORY-BUILT STRUCTURE shall mean buildings or structures that meet all of the following criteria:

1. Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; and

2. The bearing of the State insignia and that have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City.

FIRE CODE shall mean the California Code of Regulations Title 24, Part 9, as adopted and amended by the City.

GREEN BUILDING STANDARDS CODE shall mean California Code of Regulations Title 24, Part 11.

HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Division 1 of Title 11 of the Los Angeles County Code.

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City Public Works Department or the Los Angeles County Flood Control District.

MECHANICAL CODE shall mean the Los Angeles County Code Title 29 as adopted and amended by the City.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses.

NONINSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping for which a permit was first obtained, pursuant to Section 107, but which has progressed beyond the point indicated in successive inspections, including but not limited to inspections set forth in Section 117, without first obtaining inspection by and approval of the building official.

PLUMBING CODE shall mean the Los Angeles County Code Title 28 as adopted and amended by the City.

RESIDENTIAL BUILDING CODE shall mean the Los Angeles County Code Title 30 as adopted and amended by the City.

ROAD COMMISSIONER CODE shall mean the City Engineer.

UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City.

UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official.

105.1 Technical Interpretations Appeals Board. When a request for an alternate material has been proposed by an applicant and denied by the building official, the applicant may appeal the building official’s decision to the Technical Interpretations Appeals Board no later than 60 calendar days from the date of the action being appealed.

The board shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a competent builder, one a lawyer and two shall be civil or structural engineers, each of whom shall have had at least ten years of experience as an architect, builder, lawyer or structural designer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations, and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.

105.2 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the building official concerning accessibility and to ratify certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also known as the California Building Standards Code), and to serve as an advisor to the building official on disabled access matters, there shall be an accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be an ex officio member and shall act as secretary to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of the California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.

The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion.

105.3 Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the board be empowered to waive requirements of this Code.

105.4 Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section.

All requests to appeal determinations, orders or actions of the building official or to seek modifications of previous orders of the appeals boards shall be presented in writing.

106.1 General. When required by the building official to verify compliance with any Code, relevant laws, ordinances, rules and regulations, plans, and when deemed necessary by the building official, calculations, geological or engineering reports and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer or architect licensed or registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a building permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction.

When authorized by the building official, complete plans and calculations need not be submitted for the following work when information sufficient to clearly define the nature and scope of the work are submitted for review:

1. One-story buildings of conventional light-frame construction with a gross floor area not exceeding 600 square feet;

2. Work deemed by the building official as minor, small and/or unimportant work.

Where deemed necessary by the building official, submittals shall include special inspection requirements as defined in Section 117.5 and structural observation requirements as defined in Section 117.6.

Plans, calculations, reports or documents for work regulated by any Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a civil engineer, structural engineer, mechanical engineer, electrical engineer, soils engineer or architect registered or certified to practice in the State of California when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect.

For buildings exceeding 160 feet (48.77 m) in height, the structural calculations and each sheet of structural plans shall be prepared under the supervision of and shall bear the signature or approved stamp of a person authorized by the State of California to use the title structural engineer. In addition, all architectural sheets shall bear the signature or approved stamp of an architect licensed by the State of California.

All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the plan review requirements of this section.

For additional provisions applicable to grading, see Appendix J.

106.2 Architect or Engineer of Record. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to designate on the permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

106.3 Information Required on Building Plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of any Code and all relevant laws, ordinances, rules and regulations.

The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner(s) and all persons who were involved in the design and preparation of the plans.

Plans shall include a plot plan showing the location of the proposed building and of every existing building on the premises. In lieu of specific details, the building official may approve references on the plans to a specific section or part of any Code, relevant laws, ordinances, rules and/or regulations.

Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the Building Official.

When deemed necessary by the building official, the first sheet of each set of plans shall indicate the following information:

1. The building Type of Construction;

2. Whether fire sprinklers are installed in all or any portion of the building;

3. Existing building areas and areas of all additions;

4. The number of stories of the building;

5. The use of all new and existing rooms and/or areas;

6. The Occupancy Classifications of each occupancy;

7. The Code in effect on the date of plan check submittal.

The plans shall show all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the County of Los Angeles. For the application of NPDES permit requirements as they apply to grading plans and permits, see Appendix J of this code.

106.4 Drainage Review Requirement. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.

A site inspection may be required prior to plan check of building plans for lots or parcels in areas having slopes of five horizontal to one vertical (5:1) or steeper when the building official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction. The fee for such inspection shall be as set forth by ordinance or resolution. Such a preinspection shall not be required for a building pad graded under the provisions of Appendix J.

For additional provisions applicable to grading, see Appendix J.

106.5 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 prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official.

Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

106.6 Standard Plans. The building official may approve a set of plans for a building or structure as a “standard plan,” provided that the applicant has made proper application and submitted complete sets of plans as required by this section.

Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided in this section. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances that have become effective since the approval of the standard plan. The standard plans shall become null and void where the work required by such changes exceeds five percent of the value of the building or structure.

Standard plans shall be valid for a period of one year from the date of approval. This period may be extended by the building official when there is evidence that the plans may be used again and the plans show compliance with all Codes, relevant laws, ordinances, rules and regulations.

106.7 Expiration of Plan Check 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.

106.8 Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein.

107.1 Building Permit Required. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, or equip any building, structure, or portion thereof, perform any grading, or cause the same to be done, without first obtaining a separate permit for each such building, structure or grading from the building official.

The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with any Code and all relevant laws, ordinances, rules and regulations.

No person shall install, alter, repair, move, improve, remove, connect any automatic fire-protection system regulated by either the Building or Fire Codes, or cause the same to be done, without first obtaining a separate permit for each such building or structure from the building official and the Fire Marshall.

All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the permit requirements of this section.

For additional provisions applicable to grading, see Appendix J.

107.2 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.

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/or State Laws, State disabled access requirements, or to enforce City ordinances or policies.

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.

3. 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 m2), 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.

6. 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.

8. Retaining walls that retain not over 4 feet (1219 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.

10. Light standards which do not exceed 30 feet (9144 mm) in height.

12. Tanks not storing hazardous material as defined in the Fire Code provided that: