Chapter 1 — ADMINISTRATIVE PROVISIONS

SECTION 100 CONTENTS

Section 101 General

Section 102 Applicability

Section 103 Building and Safety

Section 104 Duties and Powers of Building Official

Section 105 Permits

Section 106 Construction Documents

Section 107 Temporary Structures and Uses

Section 108 Fees

Section 109 Inspections

Section 110 Certificate of Occupancy

Section 111 Service Utilities

Section 112 Board of Appeals

Section 113 Violations and Penalties

Section 114 Stop Work Order

Section 115 Unsafe Structures and Buildings

Section 116 Safety Assessment Placards

SECTION 101 GENERAL

101.1 Title. These regulations shall be known as the Administrative Provisions of the California Building Codes of the State of California, hereinafter referred to as "the code(s)."

101.2 Scope. The provisions of the codes shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, uses 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 101.4.12 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 provision of the California Building Code as adopted in Section 15.02.010 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 in Section 15.03.010 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 not more than three stories above grade plane in height.

101.4.3 Electrical Code. The provisions of the California Electrical Code as adopted in Section 15.04.010 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 in Section 15.05.010 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 in Section 15.06.010 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 Energy Code. The provisions of the California Energy Code as adopted in Section 15.07.010 shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Historic Building Code. The provisions of the California Historic Building Code as adopted in Section 15.08.010 shall apply to the alteration and repair of historic buildings,

101.4.8 Existing Building Code. The provisions of the California Existing Building Code as adopted in Section 15.09.010 shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

101.4.9 Green Building Standards Code. The mandatory provisions of the California Green Building Standards Code as adopted in Section 15.10.010 shall apply to all new buildings and structures.

101.4.10 Referenced Standards Code. The provisions of the California Referenced Standards Code as adopted in Section 15.11.010 shall apply to all new buildings and structures.

101.4.11 Swimming Pool and Spa Code. The mandatory provisions of the International Pool and Spa Code as adopted in Section 15.12.010 shall apply to all pool and spas.

101.5 Separate Municipal Code Requirements. Separate requirements contained in the City of Whittier Municipal Code (WMC) shall be applicable and should be consulted. The following WMC Chapters are referenced herein as follows:

101.5.1 Chapter 15.13 Abatement of Dangerous Buildings Code.

101.5.2 Chapter 15.14 Uniform Housing Code.

101.5.3 Chapter 15.15 Fire Code.

101.5.4 Chapter 15.20 Construction Hours.

101.5.5 Chapter 15.22 Stop Work Citations.

101.5.6 Chapter 15.24 Plan Check Fees.

101.5.7 Chapter 15.28 Fireworks.

101.5.8 Chapter 15.30 House Moving.

101.5.9 Chapter 15.32 Use of Tents and Commercial Trailers.

101.5.10 Chapter 15.34 Small Residential Rooftop Solar Systems.

101.5.11 Chapter 15.36 New Residential Energy Guidelines.

101.5.12 Chapter 15.38 Earthquake Hazard Reduction in Existing Buildings.

101.5.13 Chapter 15.40 Flood Damage Prevention.

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.

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.

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.

104.2 Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition, moving of buildings and structures, grading, and inspection of 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, and 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 is 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 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 justify the reason for the modification that makes the

strict letter of the codes impractical to implement 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, or at least the equivalent of that prescribed in the codes in quality, strength, effectiveness, fire resistance, durability and safety,

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.

Work performed without permit constitutes a violation of this code 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 therefore 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. Exemptions from permit requirements of the codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the codes, State laws, ordinances, or established policies of this jurisdiction. Except when otherwise subject to City review and approval or when otherwise required by State or local laws, regulations or standards, permits shall not be required for the following.

Building:

One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet and conforms to the Zoning Code.

Walls or fences not over 18 inches in height. Walls supporting a surcharge or impounding Class I, II or III A liquids are not exempt from permit.

Oil derricks.

Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.

Sidewalks and driveways not more than 30 inches above adjacent grade, not over any basement or story below, not part of an accessible route and not part of a commercial site.

Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

Temporary motion picture, television and theater stage sets and scenery.

Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

Swings and other playground equipment accessory to detached one-and two-family dwellings.

Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.

Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 6 feet in height.

Wood decks not over 30 inches above surrounding grade or finishes, not attached to a structure, or serving any part of the means of egress.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of the codes shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

No permit shall be required for the installation, alteration or repair of wiring, devices, appliances, or equipment for the operation of signals or the transmission of intelligence (not including the control of lighting or appliance circuits) where such wiring, devices, appliances, or equipment operate at a voltage not exceeding twenty-five volts between conductors.

No permit shall be required for the installation, alteration or repair of electrical wiring, devices, appliances, and equipment installed by or for a public service corporation for the use of such a corporation in the generation, transmission, distribution, or metering of electrical energy, or for the use of such a corporation in the operation of signals or the transmission of intelligence.

Gas:

Portable heating appliance.

Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

Portable heating appliance.

Portable ventilation equipment.

Portable cooling unit.

Steam, hot or chilled water piping within any heating or cooling equipment regulated by the codes.

Replacement of any part that does not alter its approval or make it unsafe.

Portable evaporative cooler.

Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

Plumbing:

The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in the codes.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

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 therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall:

Identify and describe the work to be undertaken by the permit for which application is made.

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify with certainty the precise location of the proposed building or work.

Indicate the use and occupancy for which the proposed work is intended.

Be accompanied by construction documents and other information as required in Section 106.

State the valuation of the proposed work.

Be signed by the applicant, or the applicant's authorized agent.

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, therefore.

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 responsibility or 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 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

Permit applications which were submitted because of a Code Enforcement notice of violation and subsequently not issued within 90 days of filing will be deemed to have expired. The Building Official may authorize the extension of time for justifiable good cause.

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 it is in violation of the codes or of any other ordinances of this jurisdiction.

105.7 Expiration. Every permit issued by the Building Official under the provisions of the codes shall expire and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of permit issuance, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 90 days. Before such work can commence or recommence, a permit shall first be renewed or reissued.

For the purpose of this section, if an inspection approval is not recorded, the work authorized by the permit is deemed not commenced or recommenced.

(1)

Requesting extension of an unexpired permit: Any permittee holding an unexpired permit may apply for an extension of time within which permittee may commence work under that permit when he is unable to commence or recommence work within the time required by this section for reasonable and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one year upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Subject to approval of the Building Official, permits extended in this manner will not require additional permit fees and will not be subject to new regulations adopted after issuance of the permit.

(2)

Requesting renewal of an unexpired permit: Any permittee holding an unexpired permit may apply for a renewal of permit. Permit renewal fees shall be in accordance with the fees established by the City Council. Each renewal will extend the expiration date for a period of one year. Permits renewed in this manner will not be subject to new regulations adopted after issuance of the permit.

(3)

Requesting reinstatement of a permit which has been expired for less than 30 days: Any permittee holding a permit which has been expired for less than 30 days may apply for a renewal of permit. Permit renewal fees shall be in

accordance with the fees established by the City Council. Subject to the approval of the Building Official, permits renewed in this manner will not be subject to new regulations adopted after issuance of the permit.

(4)

Requesting reissuance of a permit which has been expired for one year or more: Any permittee holding a permit which has been expired for one year or more may apply for reissuance of the permit subject to compliance with current regulations and payment of full plan check and permit fees. Plans shall be resubmitted for plan check. Portions of the structure which have been built under the expired permit will not be subject to current regulations. For the purpose of permit extension, renewal, and reissuance, multiple permits of the same structure such as building, foundation, retaining wall, plumbing, mechanical, and electrical permits shall be considered as one permit. Each separate permit with work completed entirely prior to suspension or abandonment will not be subject to renewal or reissuance.

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 by the applicant or applicant's representative 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 permitee may deliver such permit and approved documents to the Building Official with a request that such permit 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 be not be issued to any person or corporation under the provision of this Chapter with respect to any property where the cost of any building repair or abatement has been performed and a lien therefore 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.

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 Expiration of plan review. Reviews for which a permit is not issued within 180 days following the date of original submittal shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant, if not stamped as approved for issuance, or may be destroyed by the Building Official.

Exception: The Building Official may authorize one or more extensions of periods not to exceed 180 days each. These extensions shall not exceed that of the related application as indicated in subsection 105.3.2.

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 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 code. 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 code. 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 examination 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 under the following circumstances: 1) when a lawful permit has been issued or otherwise lawfully authorized, 2) when the construction has been pursued in good faith within 30 days after the effective date of the codes, and 3) when the project has not been abandoned or the Building Official has determined that the permit was not 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 entire 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 and without assurance that a permit for the entire structure will be granted.

106.7 Design professional in responsible charge.

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 charge. If the circumstances require, the owner shall designate a substitute registered design professional in charge who shall perform the duties required of the original registered design professional in charge. The Building Official shall be notified in writing by the owner if the registered design professional in charge is changed or is unable to continue to perform the duties.

The registered design professional in 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 1704, 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 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 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 adopted records 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.

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 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 accordance with the fee schedule adopted by City Council. Payment of the 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 pursuant to subsection 105.3, applicant shall present a plan-checking fee, in an amount established by City Council, to the Building Official at the time of submitting plans and specifications for checking. When submittal documents are incomplete or require additional plan review or when the project involves required documents are omitted from the 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 Fee Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the codes, except that no refund will be made for less than $100. The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is performed, except that no refund will be made for less than $100. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 60 days after the date of fee payment.

Permit and plan check fees will be refunded in their entirety when inadvertently paid for a project outside the jurisdiction or as duplicate fees, except that no refund will be made if 60 days have elapsed from the date of payment.

108.6 Additional plan review fees. Where plans are incomplete or changed 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/or repairs of the occupancy conversion.

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.

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 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, fireblocking 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, and 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 therefore 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 for a commercial shell building intended for single or multiple tenant occupancies upon the completion of a commercial structure. Instead, a Certificate of Occupancy is issued to each business entity that is going to occupy the building, or a portion thereof.

110.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of the codes or other laws, the Building Official shall issue a certificate of occupancy that contains the following:

The building permit number.

The address of the structure.

The name and address of the owner.

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

A statement that the described portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

The name of the Building Official.

The edition of the code under which the permit was issued.

The use and occupancy, in accordance with the provisions of Chapter 3.

The type of construction as defined in Chapter 6.

The design occupant load.

If an automatic sprinkler system is provided, whether the sprinkler system is required.

Any special stipulations and conditions of the building permit.

110.3 Temporary occupancy. 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.

In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities disconnected until such time the building is completed, final inspection is completed and 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.

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 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 an appeals body.

112.2 Appeals body defined. The appeals body shall be the city manager. The city manager shall meet when necessary to hear and decide the appeals of an order, decision, or determination of the building official. The building official shall act as secretary and keep a record of all business transactions.

112.3 Appeal procedures for exception. Any owner of any property in which work is being done and subject to the provisions of the building regulations, or any contractor for any such owner, may file a petition in writing with the appeals body requesting a hearing on any order, decision, or determination of the building official, except as limited herein. The appeals body shall hear such evidence as may be desired in considering the petition and make any exception or grant such relief as they deem advisable in alternate types of materials or construction or in the interpretation of the building regulations, provided, however, that the appeals body shall have no authority relative to the interpretation of administrative provisions, nor shall the appeals body be empowered to waive any requirement of the building regulations. In hearing any such petition, all parties thereto shall be bound by the rules and regulations of the appeals body, as adopted by the appeals body, and the decision of the appeals body shall be final. The appeals body as created and set forth in this code shall at all times be the appeals body to consider any petition asking for relief from any order, decision or determination of the building official.

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 Whittier, or cause or permit the same to be done in violation of the codes.

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 in a prompt and reasonably timely manner, 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.

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, 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.

SECTION 116 SAFETY ASSESSMENT PLACARDS

116.1 Purpose. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the building official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

116.2 Scope. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the city of Whittier.

116.3 Definitions. The following definitions apply to this section:

"Safety Assessment" means a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

116.4 Placards. The descriptions of City of Whittier's placards to be used to designate the condition for continued occupancy of buildings or structures shall be as set forth herein.

This ordinance number, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard.

Once attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the building official. It shall be unlawful for any person, firm or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this section.

The placards to be used in application of this Section shall be one of the following:

"INSPECTED—Lawful occupancy permitted" is to 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.

"RESTRICTED USE" is to 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. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

"UNSAFE—Do not enter or occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life and safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

116.5 Penalty. The penalty for violating the provisions of this chapter shall be as set forth in Section 1.08.010 of the City of Whittier Municipal Code.

(Ord. No. 3143, § 3, 12-13-22)