West Covina Municipal Code § 7-20 Use and occupancy

Footnotes:

--- (2) ---

Editor's note— Ord. No. 2508, § 3, adopted December 6, 2022, repealed the former Art. II, §§ 7-16—7-18.17, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Code 1960, § 8110.1—8110.11; Ord. No. 1381, § 2, adopted June 26, 1978; Ord. No. 1531, § 1, adopted Feb. 22, 1982; Ord. No. 1555, § 1, adopted Sept. 13, 1982; Ord. No. 1666, § 1, adopted April 22, 1985; Ord. No. 1771, § 1, adopted March 14, 1988; Ord. No. 1831, § 1, adopted Dec. 11, 1989; Ord. No. 1903, § 1, adopted June 16, 1992; Ord. No. 1960, § 2, adopted Nov. 21, 1995; Ord. No. 1979, § 1, adopted Nov. 5, 1996; Ord. No. 2033, § 2, adopted June 1, 1999; Ord. No. 2089, § 2, adopted Oct. 1, 2002; Ord. No. 2166, § 2, adopted Dec. 4, 2007; Ord. No. 2212, § 2, adopted Dec. 21, 2010; Ord. No. 2252, § 2, adopted Dec. 3, 2013; Ord. No. 2302, § 2, adopted Nov. 15, 2016; Ord. No. 2463, §§ 3(a—o), adopted Jan. 7, 2020; Ord. No. 2466, §§ (4)(a—o), adopted Dec. 17, 2019.

(a) Except as otherwise provided in this article, Title 26 (Building Code) of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the 2022 California Building Code with amendments, together with its appendices, which regulates the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed.

(b) One (1) complete copy of Title 26 and one (1) complete copy of the 2022 California Building Code will be on file and accessible to the public for inspection at the office of the building official. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of this Code, the amendment shall control.

(Ord. No. 2508, § 3, 12-6-22)

Section 105.1.1 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows:

105.1.1 General. Unless otherwise provided for below, in order to conduct the hearings provided for in this Code, there shall be a Building Board of Appeals consisting 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 builder who is a licensed general contractor, one a lawyer, and two structural engineers, each of whom shall have had at least 10 years of experience as an architect, builder, lawyer, or structural engineer. The Building Official shall be an ex-officio member and shall act as secretary to the Board. The members of the Building Board of Appeals shall be appointed by the city manager and shall hold office at his/her pleasure. The board shall adopt rules of procedures for conducting its businesses.

(Ord. No. 2508, § 3, 12-6-22)

Section 106.4.1.1 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows:

106.4.1.1 Expiration of plan check applications. Plan check applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be returned to the applicant or destroyed by the building official.

When requested in writing by the applicant, the building official within their discretion may grant up to two extensions not exceeding 180 days per extension, provided:

1. The duration of time from the date of expiration has not exceeded 180 days;

2. Circumstances beyond the control of the applicant have prevented action from being taken; and

3. An extension fee is paid as determined by resolution of the city council.

Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee.

Section 106.5.4 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows:

106.5.4 Permit expiration. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void one year after the date of the last required building inspection approved by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit.

For the purposes of this section, "required building inspection" shall mean those inspections listed specifically identified on the job record issued with the building permit or identified by the building official. No partial inspection shall meet the definition of "required building inspection."

Supplementary permits for electrical, mechanical, and plumbing shall not expire so long as the associated building permit remains active. No electrical, mechanical, or plumbing inspection shall satisfy the requirement to have a required building inspection as defined in this section.

When requested in writing by the applicant, the building official within his/her discretion may grant one or more extensions not exceeding 180 days per extension, provided:

1. The duration of time from the date of expiration has not exceeded 180 days;

2. Circumstances beyond the control of the applicant have prevented action from being taken;

3. No changes have been made or will be made in the original plans and calculations for such work;

4. An extension fee is paid in an amount determined by city council resolution.

Where a permit has expired and does not meet the preceding criteria, a permit may be issued for the remaining work based on the remaining work valuation subject to compliance with current regulations and payment of plan check and permit fees.

(Ord. No. 2508, § 3, 12-6-22)

Section 107 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows:

107.1 Building permit fees. A fee for each building permit shall be paid to the building official as set forth in resolution of the city council. Determination of value under any of the provisions of this Code shall be made by the building official. The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work for which permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work for permanent equipment.

Where work for which permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees specified in this section shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in execution of the work nor from any other penalties prescribed herein.

107.2 Plan review fees. When an application fora building permit is submitted for review, a plan review fee shall be paid to the building official. Said fee shall be equal to 85 percent of the building permit fee as set forth in resolution of the city council.

In addition to the aforementioned fees, the Building Official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors on the part of the applicant. The payment of said fees shall not exempt any person from compliance with other provisions of this Code.

The fees specified in this section are separate fees from the permit fees specified in Section 107.1.

107.3 Work without permit; investigation fee. Whenever any work for which a permit is required by this chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. A special investigation fee shall be collected prior to the issuance of a permit. The investigation fee shall be equal to the amount of the permit fee that would be required by this chapter if a permit were to be issued and shall be in addition to the permit fee if a permit is required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law.

107.4 Permit refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled, the permittee may submit a written request to the building official requesting a refund of permit fees, provided the request has been submitted within one year from the date of cancellation or expiration of the permit. The building official may authorize the refunding of not more than 80 percent of the permit fee paid.

107.5 Plan check refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 80 percent of the plan checking fee may be refunded upon the request of applicant to withdraw or cancel the application.

(Ord. No. 2508, § 3, 12-6-22)

Section 109 of Title 26 of the Los Angeles County Code is hereby amended in its entirety to read as follows:

109.1 Use and occupancy. No building, structure or premises, or portion thereof, shall be used or occupied, and no change in the existing occupancy classification of a building, structure or premises, or portion thereof, shall be made until the building official has approved the building, structure or premises or portion thereof for such use or occupancy and until all permits have been approved or a temporary certificate of occupancy has been issued.

Upon final inspection approval of a building permit and at the request of the applicant, a certificate of occupancy may be issued by the building official for any structure which is ready to occupy.

Approval of a building, structure or premises, or portion thereof, for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of occupancy or issuance of a temporary certificate of occupancy) shall not be construed as approval of a violation of the provisions of this Code, relevant laws, ordinances, rules and/or regulations. Approvals presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and/or regulations are not valid.

The building official may, in writing, suspend or revoke any such approvals or certificates whenever the building official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of this Code, relevant laws, ordinances, rules and/or regulations.

109.2 Change in use. Changes in the character or use of a building shall not be made except as specified in Existing Building Code.

109.3 Certificate issued. When the building, structure or premises, or portion thereof, has passed final inspection, and when the building, structure or premises complies with this Code, relevant laws, ordinances, rules and regulations, and the required fees have been paid, the building official, upon request of the applicant, may issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the building or structure.

3. A description of that portion of the building for which the certificate is issued.

4. A statement that the described portion of the building was inspected and found to comply with the requirements of this Code, relevant laws, ordinances, rules and regulations for the group and division of occupancy and the use for which the proposed occupancy is classified.

5. The date the permit was approved.

6. Any other information deemed necessary by the building official.

109.4 Temporary certificate. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

109.5 Live loads posted. A durable sign that indicates the "live load" shall be required in commercial or industrial buildings where the floor or roof or portion thereof is or has been designed with a live load that exceeds 50 psf. The live load sign shall be posted on that part of each story or roof to which it applies, in a conspicuous place. The live load sign shall be posted as a condition precedent to the issuance of a certificate of occupancy. It shall be unlawful to remove or deface any such sign.

109.6 Revocation. The building official is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this Code, in writing, 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 the provisions of this Code or other ordinance of the jurisdiction.

(Ord. No. 2508, § 3, 12-6-22)

Title 26 of the Los Angeles County Code is hereby amended to add Section 1505.1.5 to read as follows:

Section 1505.1.5 Roof Coverings.

(a) Notwithstanding any other provision of the Building Code and appendices to the contrary, the roof covering of any building hereinafter constructed, regardless of type of occupancy classification, shall be of noncombustible or fire-retardant construction as defined in Section 1505 of Title 26, Los Angeles County Building Code. Roof coverings shall bear a minimum Class 'B' Fire Classification as defined in Section 1505.1 of the Title 26, Los Angeles County Building Code.

(b) Any replacement or repair that consists of more than twenty-five (25) percent of the total area of an existing roof within a twelve (12)-month period must be made in conformance with subsection (a) herein. Room additions must also comply with said subsection (a).

(Ord. No. 2508, § 3, 12-6-22)

Chapter 9 of Title 26 of the Los Angeles County Code is hereby deleted in its entirety and replaced with Chapter 9 of California Fire Code as adopted and amended by chapter 10, article II, section 10-20 of this Code.

(Ord. No. 2508, § 3, 12-6-22)

Title 26 of the Los Angeles County Code is hereby amended to add Section 3109.3 to read as follows:

Section 3109.3 SWIMMING POOLS, EMPTYING UPON ABANDONMENT OR VACATION OF PREMISES.

1. No person in possession or control of any swimming pool on any land within the city as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the land upon which such swimming pool is located shall abandon or vacate the premises upon which such swimming pool is located or is accessory or appurtenant, or cause or permit the same to be abandoned or vacated, without first having either:

a. Emptied all water from such swimming pool and left the same empty; or

b. Completely covered said swimming pool with a safe and adequate pool cover or other protective device, approved in writing by the building official as sufficient to protect persons, especially children, from falling into such pool.

2. No owner of any swimming pool on any land within the city, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant having been abandoned or vacated by the person in possession or control of such swimming pool, shall fail, within forty-eight (48) hours after so learning or so being advised by the building official, to either:

a. Empty all water from said swimming pool and leave the same empty until said premises are again occupied by a person in possession and control of such swimming pool; or

b. Completely cover said swimming pool with a safe and adequate pool cover or other protective device approved in writing by the building official, as aforesaid, and keep said pool so covered until said premises are again occupied by a person in possession and control of such swimming pool.

3. "Abandon" and "abandoned," as used in this section, shall mean the leaving of premises without actual, apparent and manifest intention to return thereto within a reasonable and foreseeable time unless definite provision has been made in writing prior to leaving the premises to have them actually occupied within thirty (30) days of such leaving by some other person who will be in possession and control of such swimming pool.

4. "Vacate" and "vacated," as used in this section shall mean the leaving of premises without the bona fide intent to return and actually returning to said premises within a period of thirty (30) days or less (or such additional period not exceeding an aggregate of sixty (60) days from date of leaving as may be granted by the building official for good cause, such as extended vacation, emergency, etc.) unless during said period of absence some other person actually occupies said premises and is in possession and control of such swimming pool.

5. Every person who violates or fails to comply with any of the terms, provisions or requirements of this section shall thereby have agreed and consented and conclusively be deemed to have agreed and consented:

a. That the city may enter upon the premises and empty all water from such swimming pool or cause the same to be done; and

b. To reimburse the city on demand for the actual cost of emptying such pool or causing the same to be done, and that the city may collect the same from any such person by civil action or any other lawful means selected by or available to the city, including, where applicable, the means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230) of the Government Code of the State of California.

(Ord. No. 2508, § 3, 12-6-22)

It shall be unlawful for any person, firm, corporation, or business association of any kind to erect, construct, enlarge, alter, repair, move, improve, remove, convert, relocate, demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this article.

Any person, firm, corporation, or business association of any kind violating any of the provisions of this article is guilty of a misdemeanor except that notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under this article may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction.

Notwithstanding the foregoing, a city enforcement official, upon determining that a person, firm, corporation, or business association of any kind has committed a violation of this article, may in his/her discretion, issue an administrative citation to the responsible party using the procedures set forth in article X of chapter 15 of this Code.

(Ord. No. 2508, § 3, 12-6-22)