ORD 554U ORDINANCE NO. 554U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING,
RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL,
MECHANICAL AND FIRE CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, CHAPTER 7A OF TITLE 26 OF THE LOS
ANGELES COUNTY CODE, THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS 1997 EDITION, THE UNIFORM HOUSING CODE 1997
EDITION, AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012
EDITION,WITH APPENDICES AND AMENDMENTS THERETO;AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY
THEREOF.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 8.08 of Title 8 of the Rancho Palos Verdes Municipal Code is
hereby amended to read as follows:
"Chapter 8.08
FIRE CODE
Sections:
8.08.010 Fire Code adopted.
8.08.020 Fire Code amended—Fireworks displays.
8.08.030 Violations—Penalties.
8.08.040 Responsibility.
8.08.050 List of infractions.
8.08.060 Very high fire hazard severity zone map.
8.08.010 Fire Code adopted.
Except as hereinafter provided in this chapter, the California Fire Code, 2013 Edition,
(Part 9 of Title 24 of the California Code of Regulations), based on the 2012 International
Fire Code as published by the California Building Standards Commission, including
Chapters 1 through 7, Chapters 9 through 11, Chapters 20 through 36, Chapter 48,
Chapters 50 through 67, Chapter 80, and Appendices B and C, is hereby adopted by
reference and shall constitute and may be cited as the Fire Code of the city of Rancho
Palos Verdes. In the event of any conflict between the California Fire Code, 2013 Edition,
and any amendment to the Fire Code contained in the Rancho Palos Verdes Municipal
Code, the provision contained in the Municipal Code shall control. A copy of the Fire Code
shall be maintained in the office of the city clerk and shall be made available for public
inspection while the code is in force.
8.08.020 Fire Code amended—Fireworks displays.
A. Notwithstanding the provisions of Section 8.08.010, Section 101.1 is amended to
read:
101.1 Title. These regulations shall be known as the Fire Code of the City of Rancho
Palos Verdes, hereinafter referred to as "this code."
B. Notwithstanding the provisions of Section 8.08.010, Section 103.2 is deleted in its
entirety.
C. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.2 is added to
the Fire Code to read:
5608.1.2 Displays. Permits are required from the City to conduct a fireworks display.
The City Council shall have the power to adopt reasonable rules and regulations for
the granting of permits for supervised public displays of fireworks by the municipality,
fair associations, amusement parks or other organizations. Every such display shall
be handled by a competent operator approved by the City Council, and shall be of
such character and so located, discharged or fired as in the opinion of the City Council
after proper investigation, so as not to be hazardous to property or endanger any
person.
Applications for permits shall be made in writing to the Fire Chief not less than
thirty days in advance of the date of display or other use. The Fire Chief shall within
ten days after receipt of said application make a report and recommendation to the
City Council. If the City Council finds that such display can be made without danger
or nuisance to the general public, it shall grant the permit; otherwise it shall deny it. If
the City Council finds that such display as applied for may create danger or nuisance
to the public, but that if displayed subject to conditions may not create such danger or
nuisance, it shall grant the permit subject to conditions. After such permit is granted,
sale, possession, use and distribution of fireworks for such display subject to the
conditions of this Chapter and such other conditions, if any, as may be imposed by the
City Council, is lawful for the purpose only for which such permit is granted. In all
cases the decision of the City Council shall be final.
D. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.3 is added to
read:
5608.1.3 Insurance. The permittee shall furnish a certificate of insurance in an
amount deemed adequate by the City Council for the payment of all damages which
may be caused either to a person or persons.or to property by reason of the permitted
display, and arising from any acts of the permittee, his agents, employees or
subcontractors.
The policy shall provide limits of bodily injury and property damage liability of not
less than two million dollars ($2,000,000) combined single limits for each occurrence
annually. The policy may have a deductible not to exceed fifteen thousand dollars
($15,000). A deductible in excess of fifteen thousand dollars ($15,000) may be
permitted provided a security deposit, such as, but not limited to, a surety bond, pledge
of assets or bank letter of credit covering the value of the excess is approved by the
City Council.
The certificate of insurance shall provide that the insurer will not cancel the
insured's coverage without fifteen (15) days prior written notice to the City, that the
City shall not be responsible for any premium or assessments on the policy, and that
the duly licensed pyrotechnic operator required by law to supervise and discharge the
display, acting either as an employee of the insured or as an independent contractor
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and the City, its officers, agents, and employees are included as additional insureds,
insofar as any operations under this Section are concerned.
8.08.030 Violations—Penalties.
A. Every person violating any provision of the Fire Code or of any permit or license
granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty
of a misdemeanor unless such violation is otherwise declared to be an infraction by
Section 8.08.050 of this chapter. Each such violation is a separate offense for each and
every day during any portion of which such violation is committed.
B. Every violation determined to be a misdemeanor hereunder is punishable in such
manner and to such extent as is provided by 1.08.010(A) of this Code. Every violation
determined to be an infraction hereunder is punishable in such manner and to such extent
as is provided by Section 1.08.010(B) of this Code.
C. For the purposes of this section a forfeiture of bail shall be equivalent to a
conviction.
8.08.040 Responsibility.
Any person who personally or through another willfully, negligently, or in violation of
law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person
to escape from his or her control, allows any hazardous material to be handled, stored or
transported in a manner not in accordance with nationally recognized standards, allows
any hazardous material to escape from his or her control, neglects to properly comply with
any written notice of the chief, or willfully or negligently allows the continuation of a
violation of the Fire Code and amendments thereto is liable for the expense of fighting the
fire or for the expense incurred during a hazardous materials incident, and such expense
shall be a charge against that person. Such charge shall constitute a debt of such person
and is collectible by the public agency incurring such expense in the same manner as in
the case of an obligation under a contract, expressed or implied.
8.08.050 List of infractions.
In accordance with Section 8.08.030 of this chapter, the violation of the following
sections or subsections of the Fire Code shall be infractions:
303.1-303.9 Asphalt Kettles
304.1-304.1.3 Waste accumulation prohibited
304.2 Storage
305.2 Hot ashes and spontaneous ignition sources
310.4 "No smoking" signs
315.3.4 Storage under stairways
503.4 Obstructing of fire apparatus access roads
505.1 Address identification
507.5.4-507.5.5 Obstruction of fire hydrants
507.5.6 Physical protection -fire hydrants
605.5 Extension cords
901.7 Systems of service
906.1-906.10 Portable Fire Extinguishers
912.4 Signs
1007.9 Signage
Ordinance No. 554U
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1008.1.9.1 Hardware
1104.3 Exit sign illumination
2003.2 Smoking
2108.4 Portable fire extinguishers
2311.2.2 Waste oil, motor oil and other Class IIIB liquids
2403.2.7 Welding warning signs
2403.4 Operations and maintenance
2403.4.3 Waste cans
2404.7.8.5 Filter disposal
2405.3.4 Dip-tank covers
2405.4.2 Portable fire extinguishers
2406.5 Operation and maintenance
2407.1 General
2407.5.2 Signs
2408.5 Sources of ignition
2505.1 Housekeeping
2803.3.1 Housekeeping
3103.12.6.1 Exit sign illumination
3104.21 Combustible vegetation
3603.2 Sources of ignition
3603.4 Rubbish containers
3604.4 Portable fire extinguishers
4811.9 Fire department access
4811.13 Fire extinguishers
5003.5 Hazardous identification signs
5003.7.1 Smoking
5004.11 Clearance from combustibles
5005.3.8 Clearance from combustibles
5303.4 Marking
5303.5 Security
5704.2.3.1 Smoking and open flame
_5704.3.3.4 Empty containers or portable tank storage
6107.2 Smoking and other sources of ignition
6107.3 Clearance to combustibles
8.08.060 Very high fire hazard severity zone map.
The city council of the city of Rancho Palos Verdes hereby designates very high fire
hazard severity zones, as recommended by the director of the California Department of
Forestry and Fire Protection and the county of Los Angeles fire department, as
designated on the map entitled Fire Hazard Severity Zone, which are on file in the city's
planning, building and code enforcement department."
SECTION 2. Chapter 15.04 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
"Chapter 15.04
BUILDING CODE
Sections:
Ordinance No. 554U
Page 4 of 19
15.04.010 Building Code adopted.
15.04.020 Building Code amended—Administrative provisions.
15.04.030 Building Code amended—Storm drain precautions.
15.04.040 Building Code amended—Specialized foundation requirements.
15.04.050 Building Code amended—Pools and spas.
15.04.070 Renewable energy systems.
15.04.080 Construction indoor air quality.
15.04.010 Building Code adopted.
Except as hereinafter provided, the California Building Code, 2013 Edition (Part 2 of
Title 24 of the California Code of Regulations), based on the 2012 International Building
Code as published by the International Code Council, including Appendices F and J
thereto, the California Residential Code, 2013 Edition (Part 2.5 of Title 24 of the California
Code of Regulations), based on the 2012 International Residential Code as published by
the International Code Council which incorporates and amends the International
Residential Code, the California Green Building Standards Code, 2013 Edition (Part 11 of
Title 24 of the California Code of Regulations), as published by the California Building
Standards Commission, and Chapter 7A ([For SFM] Materials and Construction Methods
for Exterior Wildfire Exposure)of Title 26(Building Code)of the Los Angeles County Code,
are hereby collectively adopted by reference as the Building Code of the city of Rancho
Palos Verdes. A copy of the Building Code shall be maintained in the office of the city
clerk and shall be made available for public inspection while the code is in force.
15.04.020 Building Code amended—Administrative provisions.
The administrative provisions governing the Building Code of the City shall be as set
forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title.
15.04.030 Building Code amended—Storm drain precautions.
Notwithstanding the provisions of Section 15.04.010, Section 3314 is added to the
Building Code to read:
SECTION 3314
STORM DAMAGE PRECAUTIONS
3314.1 General. No grading permit and/or building permit shall be issued for work
unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may
be necessary to protect adjoining public and private property from damage by
erosion, flooding, or the deposition of mud or debris which may originate from the
site or result from such grading operations.
3314.2 Security required. A permit shall not be issued for grading involving more
than 1000 cubic yards(sum of cut and fill) unless the owner shall first post with the
City Engineer security in a form acceptable to the City. The amount of such security
shall be based upon the estimated cost of the grading operation including all
drainage and other protective devices, as determined by the City Engineer. The
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Page 5 of 19
amount of such security shall be equal to 1.1 times the estimated cost of the
grading operation and all drainage and protective devices.
3314.3 Incomplete work. Where a grading permit and/or building permit is issued
and the work is commenced and the Building Official finds the work has or may
cause damage or hazard,the owner of the site on which the grading and/or building
is being performed shall file or cause to be filed with the Building Official revised
plans which include details of the protective measures described in, and in all other
respects follow the provisions of, Section 3314.1.
The revised plans required by this section shall be accompanied by an
application for plan checking services and plan checking fees equal in amount of
fee as set forth in the established fee resolution.
3314.4 Effect of noncompliance. Should the owner fail to submit the plans or
fail to provide the protective measures required by Sections 3314.1 and 3314.3 by
the dates specified therein, it shall cause forfeiture of the grading permit security.
Thereupon, the City Engineer may enter the property for the purpose of installing,
by City forces or by other means, the drainage and erosion control devices shown
on the approved plans, or if there are no approved plans, as he or she may deem
necessary to protect adjoining property from storm damage. The cost of such
action shall be deducted from the grading permit security. Such a failure shall also
constitute a violation of the Building Code and may be prosecuted as provided in
Section 15.18.040 of this Title.
15.04.040 Building Code amended—Specialized foundation requirements.
Notwithstanding the provisions of Section 15.04.010, Section 1805.5 is added to read:
1805.5 Major alterations or repairs of existing buildings or structures
(excluding demolition and replacement). This section shall apply only to the
active landslide areas of the Portuguese Bend Landslide and the Abalone Cove
Landslide, as determined by the City Geologist and depicted on the attached map
(see Exhibit "A") and shall not apply in other areas of the City or other portions of
the Landslide Moratorium Area. A certificate of occupancy or permit under this title
may be issued provided:
1. The Building Official will require a Structural Engineering report and design
prepared by a Structural Engineer licensed by the State of California.
Material specifications shall be minimum concrete f(c)=4000 psi,
reinforcing steel ASTM A-615 grade 40 or 60, and continuous inspection
by a special inspector is required. Alternate materials shall be subject to
approval of the Building Official. Prestressed concrete is not permitted
without special approval from the Building Official.
2. Every existing building or structure shall have a structural framework
designed to distribute the load of the building uniformly over the entire
footprint of the building. The structural framework is designed by
determining the total weight of the building and dividing that weight by the
area of the building. At the discretion of the Building Official, the soil
pressure may be considered as a load and the walls and columns may be
considered as reactions. At a minimum, one end bearing wall shall be fixed
Ordinance No. 554U
Page 6 of 19
to the ground by a foundation, at least at one point. All other portions of
the structural framework may be supported by adjustable means approved
by the Building Official. The structural framework shall be designed to span
between all supports.
3. The applicant signs and records with the Los Angeles County Registrar-
Recorder a statement in a form approved by the City Attorney that he or
she is the owner of the real property and that he or she is aware that the
records of the Building Official indicate the property is subject to a physical
hazard of a geologic nature.
4. The applicant signs and records an agreement in a form approved by the
City Attorney releasing the City and all officers, contract employees,
consultants, employees, and agents thereof from any liability for any
damage or loss which may result from issuance of such permit.
5. The applicant shall demonstrate that the proposed work on the site or use
of the site shall:
a. not adversely affect property by accelerating a geologic hazard;
and
b. have sufficient distance to any other structure to preclude damage
in the instance of failure, as determined by the Building Official.
6. The applicant shall identify and correct any deficiencies in on-site drainage
and sanitary disposal. If the property is not served by sanitary sewers, the
applicant shall submit for recordation a covenant, which is satisfactory to
the City Attorney, agreeing to support and participate in existing or future
sewer and/or storm drain assessment districts and any other geological
and geotechnical hazard abatement measures required by the City. Such
covenant shall be submitted to the director prior to the issuance of a
building permit.
7. The Building Official shall require a geologic report and geotechnical report.
Any such geological reports shall be prepared by a certified engineering
geologist licensed by the State of California. Any such geotechnical reports
shall be prepared by a registered Civil Engineer or soils engineer who is
qualified to perform this work. Every report shall contain a finding regarding
the effect of the structure or use upon the geological stability of the site and
properties outside of the subject property. When both a geological and a
geotechnical report are required for the evaluation, the two reports shall be
coordinated before submission to the Building Official.
8. This section shall not be interpreted to supersede or waive any other permit
or approval required by the Rancho Palos Verdes Municipal Code,
including, without limitation, the provisions of Chapter 15.20.
15.04.050. Building Code amended—Pools and spas.
Notwithstanding the provisions of Section 15.04.010, the first sentence of Section
3109.4.1 is amended to read:
Ordinance No. 554U
Page 7 of 19
The top of the barrier shall be not less than 60 inches (1524 mm) above grade
measured on the side of the barrier that faces away from the swimming pool.
15.04.070. Renewable energy systems.
A. Notwithstanding the provisions of Section 15.04.010 of this chapter, new homes
and major remodels, whereby more than fifty percent of the existing interior and/or exterior
walls are removed, shall provide a roof layout plan that illustrates how future installation
of a photovoltaic system and/or solar water heating system could be accommodated. The
property owner shall only be required to provide for the installation of one system. The
following requirements for each system are as follows:
1. Photovoltaic Systems. Installation of conduit leading from an exterior south-
facing, east-facing or west-facing roof, where a minimum of four hours of direct sunlight is
achieved, to a stubbed junction box next to the electrical panel. All exposed conduit shall
be capped and provided with adequate flashing. The conduit shall not be located on or in
the direction of a north-facing roof. Roof reinforcements shall be addressed at the time of
installation.
2. Solar Water Heating System. Installation of three-fourths inch hot and cold
copper water pipes from a south-facing, east-facing or west-facing roof, where a minimum
of four hours of direct sunlight can be achieved, to an existing water heater/tank. Both
ends of the three-fourths inch copper pipes shall be stubbed out and shall not be located
on or in the direction of a north-facing roof.All exposed pipes shall be capped and provided
with adequate flashing. Roof reinforcements shall be addressed at the time of installation.
15.04.080. Construction indoor air quality.
Notwithstanding the provisions of Section 15.04.010 of this chapter, projects shall
provide a construction indoor air quality management plan on construction drawings or in
the general notes that shall include protecting ducts during construction and changing the
filters and vacuuming ducts prior to occupancy."
SECTION 3. Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
"Chapter 15.08
ELECTRICAL CODE
Sections:
15.08.010 Electrical Code adopted.
15.08.020 Electrical Code amended—Administrative provisions.
15.08.010 Electrical Code adopted.
Except as hereinafter provided, the California Electrical Code, 2013 Edition (Part 3 of
Title 24 of the California Code of Regulations), which incorporates and amends the
National Electrical Code, 2011 Edition, published by the National Fire Protection
Association, is hereby adopted by reference as the Electrical Code of the city of Rancho
Palos Verdes. A copy of the Electrical Code of the city shall be maintained in the office of
the city clerk, and shall be made available for public inspection while the code is in force.
15.08.020 Electrical Code amended—Administrative provisions.
Ordinance No. 554U
Page 8 of 19
The administrative provisions governing the Electrical Code of the city shall be as set
forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title."
SECTION 4. Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
"Chapter 15.12
PLUMBING CODE
Sections:
15.12.010 Plumbing Code adopted.
15.12.020 Plumbing Code amended—Administrative provisions.
15.12.01 Plumbing Code adopted.
Except as hereinafter provided, the California Plumbing Code, 2013 Edition (Part 5 of
Title 24 of the California Code of Regulations), which incorporates and amends the
Uniform Plumbing Code, 2012 Edition, published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted by reference as the Plumbing Code
of the city of Rancho Palos Verdes. A copy of the Plumbing Code of the city shall be
maintained in the office of the city clerk and shall be made available for public inspection
while the code is in force.
15.12.020 Plumbing Code amended—Administrative provisions.
The administrative provisions governing the Plumbing Code of the city shall be as set
forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title."
SECTION 5. Chapter 15.16 of Title 15 of the Rancho Palos Verdes Municipal Code is
amended to read:
"Chapter 15.16
MECHANICAL CODE
Sections:
15.16.010 Mechanical Code adopted.
15.16.020 Mechanical Code amended—Administrative provisions.
15.16.010 Mechanical Code adopted.
Except as hereinafter provided, the California Mechanical Code, 2013 Edition (Part
4 of Title 24 of the California Code of Regulations), which incorporates and amends
the Uniform Mechanical Code, 2012 Edition, published by the International Association
of Plumbing and Mechanical Officials, is hereby adopted by reference as the
Mechanical Code of the city of Rancho Palos Verdes. A copy of the Mechanical Code
of the city shall be maintained in the office of the city clerk and shall be made available
for public inspection while the code is in force.
Ordinance No. 554U
Page 9 of 19
15.16.020 Mechanical Code amended—Administrative provisions.
The administrative provisions governing the Mechanical Code of the city shall be
as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title.
Violation and penalty provisions shall be as set forth in Section 114 of the
Administrative Code, as amended in Section 15.18.040 of this title."
SECTION 6. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
"Chapter 15.18
ADMINISTRATIVE CODE
Sections:
15.18.010 Administrative Code adopted.
15.18.020 Administrative Code amended—Liability.
15.18.030 Administrative Code amended—Appeals.
15.18.040 Administrative Code amended—Violations and penalties.
15.18.050 Administrative Code amended—Expiration of permits.
15.18.060 Administrative Code amended—Section 109.2
15.18.070 Administrative Code amended—Required building inspections.
15.18.080 Administrative Code amended Certificate of occupancy.
15.18.090 Administrative Code amended—Prohibited use of building sites.
15.18.100 Administrative Code amended—Use and occupancy.
15.18.110 Administrative Code amended—Conduct of construction and
landscaping activities
15.18.120 Administrative Code amended—Work exempt from permit.
15.18.010 Administrative Code adopted.
Except as hereinafter provided, Division II of Chapter 1 of the California Building Code,
2013 Edition (Part 2 of Title 24 of the California Code of Regulations), based on the 2012
International Building Code as published by the International Code Council, is hereby
adopted by reference as the Administrative Code of the city of Rancho Palos Verdes. A
copy of the Administrative Code shall be maintained in the office of the city clerk and shall
be made available for public inspection while the code is in force.
15.18.020 Administrative Code amended Liability.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 104.8 is
amended to read:
104.8 Liability. The building official, or his or her authorized representative charged
with the enforcement of this Code and the technical codes, acting in good faith and
without malice in the discharge of his or her duties, shall not thereby be rendered
personally liable, nor shall the City be vicariously liable, for any damage that may
accrue to persons or property as a result of any act or omission or by reason of any
act or omission in the discharge of his or her duties.
Any suit brought against the building official or other employee of the City because
of such act or omission performed in the enforcement of any provision of such Codes
or other pertinent laws or ordinances implemented through the enforcement of this
Code or enforced by the City shall be defended by the City until final termination of
Ordinance No. 554U
Page 10 of 19
such proceedings, and any judgment resulting therefrom, other than punitive
damages, shall be assumed by the City. The provisions of this paragraph shall apply
only if the building official, or his or her authorized representative, is an employee of
the City.
Such codes shall not be construed to relieve from or lessen the responsibility of
any person owning, operating or controlling any building, structure or building service
equipment therein for any damages to persons or property caused by defects, nor
shall the City or any of City's agents or employees be held as assuming any such
liability by reason of the inspections authorized by this Code or any permits or
certificates issued under this Code.
15.18.030 Administrative Code amended—Appeals.
Notwithstanding the provisions of Section 15.18 010 of this chapter, Section 113 is
amended to read:
SECTION 113
APPEALS
113.1 General. In the event that an appeal from a decision of the building official
regarding interpretation of the technical codes is requested, the building official shall
seek a code interpretation by the appropriate code writing organization. The Building
Code shall be interpreted by the International Code Council. The Mechanical Code
shall be interpreted by the International Association of Plumbing and Mechanical
Officials. The Plumbing Code shall be interpreted by the International Association of
Plumbing and Mechanical Officials or its designated agent. The Electrical Code shall
be interpreted by the National Fire Protection Association. The interpretation of the
code writing organization shall govern. The cost of obtaining the interpretation shall be
paid by the applicant.
15.18.040 Administrative Code amended—Violations and penalties.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 114.1
and 114.4 are amended to read and Section 114.5 is added to read:
114.1 Violations. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy or maintain any building,
structure or building service equipment or perform any grading in the City or cause or
permit the same to be done contrary to, or in violation of, any of the provisions of this
code or any of the technical codes.
114.4 Penalties. Any person who violates any provision of this code or any of the
technical codes shall be deemed guilty of a misdemeanor, and shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any
violation continued or was permitted, and upon conviction is punishable as set forth in
Section 1.08.010 of the Rancho Palos Verdes Municipal Code.
114.5 Penalty fees. The permit fees and charges made pursuant to Title 15 of the
Rancho Palos Verdes Municipal Code shall be tripled, (not including fees for non
structural fixture) when work requiring a permit has been started or continued or
finished prior to obtaining permit. The triple fee shall be based on the structural permit
Ordinance No. 554U
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fee, or square footage of remodel area, or a minimum fee as established pursuant to
city council resolution.
15.18.050 Administrative Code amended—Expiration of permits.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 105.3.2
and 105.5 are amended to read:
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 up to two extensions of time for additional
periods not exceeding not exceeding 90 days each. The extension shall be requested
in writing and justifiable cause shall be demonstrated.
Plan checks for development projects where permits have expired for a period of
less than one year shall be assessed a fee equal to' of the amount of the applicable
plan check fee, as set forth in the resolution establishing said fee, if the plans that are
being resubmitted are identical to the prior plans. Said fee shall be paid when the
plans are re-submitted for review by the building official.
105.5 Expiration. Every permit issued by the building official under the provisions of
the technical codes shall expire by limitation and become null and void, if the building
or work authorized by such permit is not completed through final inspection within the
allowed time from the date of issuance of such permit, which time shall be as follows:
up to 5,000 square feet, 18 months; 5,000 to 10,000 square feet, 24 months; over
10,000 square feet, 30 months. For good cause, upon initial application for a permit,
the building official may establish a different expiration date when it is anticipated such
date will be necessary to complete construction due to extenuating circumstances.
Upon expiration, before work under the permit can be recommenced, a new permit
shall be obtained. Such new permit shall be valid for 24 months, and the fee therefor
shall be one half the amount required for a new permit for such work, if no changes
have been made or will be made in the original plans and specifications for the work
and not more than one year has passed since the expiration of the permit; otherwise,
such new permit shall be subject to all terms and conditions applicable to new permits.
Any permittee holding an unexpired permit may apply for an extension of the time
within which the permittee may complete work under that permit when the permittee
is unable to complete the work within the time required by this section although
proceeding with due diligence. Application for extension shall be filed on forms
prescribed by the building official and be accompanied by payment of the fee as
established by city council resolution. The building official may extend the time for
completion of work under the permit by the permittee for a period of time not exceeding
180 days upon finding the permittee has been proceeding with due diligence and that
circumstances beyond the control of the permittee have prevented action from being
completed. No permit shall be so extended more than once.
Notwithstanding the foregoing, for any property where construction has been
performed pursuant to one or more unexpired permits for a period of at least four years
and is adversely affecting adjacent properties or the owners or occupants thereof, as
documented in written complaints submitted to the Building Official or Director of
Community Development, the Building Official shall not issue a new building permit for
Ordinance No. 554U
Page 12 of 19
any new work or an extension of an existing unexpired permit until all work being
performed pursuant to any unexpired building permit has been completed and the City
has issued a final approval or a certificate of occupancy therefor. This provision shall
not apply to: 1. emergency work; 2. work that is necessary to preserve the integrity of
the structure; or 3. work that, in the opinion of the Building Official,will mitigate impacts
to an adjacent property.
15.18.060 Administrative Code amended—Section 109.2.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 109.2 is
amended by adding the following sentences to the end of the paragraph:
A site investigation will be conducted and a fee will be charged for the investigation,
for permits that have expired two times, or have expired for more than two years, or
any other expired permit as required by the building official. The minimum fee shall
be as established pursuant to city council resolution.
15.18.070 Administrative Code amended—Required building inspections.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 110.1 is
amended to read:
110.1 Approval required. Work shall not be done on any part of the building or
structure beyond the point indicated in each successive inspection without first
obtaining the approval of the building official. Such approval shall be given only after
an inspection has been made on each successive step in the construction as indicated
in subsection 110.3.
There shall be a final inspection and approval on all buildings, when completed
and ready for occupancy, provided however that no such approval shall be given to
any new dwelling unit, new commercial building, or new industrial building until there
has been full compliance with all requirements of this Code and of Chapter 3.20 of the
Rancho Palos Verdes Municipal Code, including payment of the environmental excise
tax provided for therein. Upon such compliance, the final inspection approval and
certificate of occupancy shall be issued concurrently by the building official.
15.18.080 Administrative Code amended—Certificate of occupancy.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 111.1 is
amended to read:
111.1 Use and occupancy. Buildings or structures shall not be used or occupied nor
shall a change in the existing occupancy classification of a building or structure or portion
thereof be made until the building official has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of
this code or of other ordinances of the jurisdiction shall not be valid.
15.18.090 Administrative Code amended—Prohibited use of building sites.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 107A is
added to read:
SECTION 107A
Ordinance No. 554U
Page 13 of 19
GEOTECHNICAL AND GEOLOGICAL HAZARDS
107A.1 Offsite geotechnical and geological hazards. No certificate of occupancy or
permit under this title shall be issued under the provisions of this chapter when the building
official finds that the proposed work on, or change in use of, the site for which the permit
is requested could activate or accelerate a geological or geotechnical hazard that could
damage other property.
107A.2 Geological and geotechnical hazards. Work requiring a certificate of
occupancy or permit under this title is not permitted in an area determined by the building
official to be subject to hazard from any variety of landsliding or settlement or slippage
except as allowed by Sections 111A.1 through 111A.6. These hazards include, but are
not limited to, loose debris, slopewash, and potential mudflows from natural or graded
slopes.
107A.3 Geological and geotechnical reports. The building official may require a
geological or geotechnical report, or both, where, in the building official's opinion, such
reports are essential for the proper evaluation of the proposed work or use of the site. As
part of this evaluation, the building official may require a site visit in order to evaluate the
need for such reports. A fee for this site visit shall be collected at this time. A geological
report shall be prepared by a Certified Engineering Geologist licensed by the State of
California. A geotechnical report shall be prepared by a registered Civil Engineer qualified
to perform this work. Every report shall contain a finding regarding the safety of the site,
for the proposed structure or use against hazard from any variety of landsliding or
settlement or slippage and a finding regarding the effect the proposed building, grading,
and/or construction and use of the site will have on the geological stability of the site and/or
property outside the site. When both a geological and a geotechnical report are required
for the evaluation of the safety of a building site, the two reports shall be coordinated
before submission to the building official.
15.18.100 Administrative Code amended—Use and occupancy.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 111A,
111B and 111C are added to read:
SECTION 111A
USE AND OCCUPANCY
111A.1 Safe Site. Subject to the conditions of subsection 111A.1, a certificate of
occupancy or permit under this title may be issued in the following cases:
1. When the applicant has submitted a report(s) required by Section 107A.3 that
contains sufficient information to satisfy the building official that all geological or
geotechnical hazards will be eliminated prior to use or occupancy of the land or
structure by modifications of topography, reduction of subsurface water,
buttresses, or by other means or combination of means and that the proposed
work on or use of the site will not adversely affect the subject property or
neighboring properties.
2. When the applicant has submitted a report(s) required by Section 107A.3 that
contains sufficient information to satisfy the building official that the site is not
subject to geological or geotechnical hazard.
Ordinance No. 554U
Page 14 of 19
3. Notwithstanding any provisions of this Subsection, the building official may, at his
or her discretion, deny a permit for any building, structure or grading subject to a
hazard of a geological nature which cannot be mitigated and may endanger the
health or safety of the occupants, adjoining property, or the public.
111A.2 Hazard Eliminated. A certificate of occupancy or permit under this title may be
issued only if the reports required by Section 107A.3 contain sufficient information to
satisfy the building official that all geological or geotechnical hazards will be eliminated,
prior to use or occupancy of the land or structure, by modification of topography, reduction
of subsurface water, buttresses, or by other means or combination of means sufficient to
provide a factor of safety of not less than 1.5.
111A.3 Pools and Spas. Subject to the provision of Section 111A.2, a certificate of
occupancy or permit under this title may be issued for pools, spas or fish ponds with a
capacity less than 2,000 gallons of water provided:
1. The applicant signs and records with the Los Angeles County Registrar-Recorder
a statement in a form approved by the City Attorney that he or she is the owner of
the real property and that he or she is aware that the records of the building official
indicate the property is subject to a physical hazard of a geological nature; and
2. The applicant signs and records an agreement in a form approved the City
Attorney releasing the City and all officers, employees, consultants and agents
thereof from any liability for any damage or loss which may result from issuance of
such permit.
111A.4 Outdoor Improvements. Subject to the provisions of Section 111A.2, a
certificate of occupancy or permit under this title may be issued for outdoor improvements
including, but not limited to, patios, decks or gazebos covering not more than 400 square
feet (37.16 m2)).
111A.5 Repairs and Alterations in Areas of Potential Geological Hazard. Subject to
the provisions of Section 111A.2, a certificate of occupancy or permit under this title may
be issued in the following cases when the applicant seeks only to alter, repair, or replace
existing facilities with no change in grade:
1. MINOR ALTERATIONS OR REPAIRS WHICH ARE NOT DUE TO GEOLOGICAL
CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: A
certificate of occupancy or permit under this title may be issued when the
application is for alteration or repair or both not exceeding twenty-five percent
(25%) of the value of the existing structure, where there is no increased water use
or enlargement, expansion, or extension of the structure and the alterations or
repairs are not required due to damage from a geological hazard.
2. MAJOR ALTERATIONS OR REPAIRS OF CONDITIONS WHICH ARE NOT DUE
TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO
GEOTECHNICAL CONDITIONS: Subject to the conditions set forth in Section
111A.2, a certificate of occupancy or permit under this title may be issued when
the application is for alteration or repair work exceeding twenty-five percent (25%)
of the value of the existing structure, where there is no increased water use or
Ordinance No. 554U
Page 15 of 19
enlargement, expansion, or extension of the structure and the alterations or repairs
are not required due to damage from a geological hazard.
3. MINOR REPAIRS OF CONDITIONS DUE TO UNDERLYING GEOLOGIC
CONDITIONS: Subject to the conditions set forth in Section 111A.2, a certificate
of occupancy or permit under this title may be issued when the application is for
repair work not exceeding twenty-five percent (25%) of the value of the existing
structure, where there is no increased water use or enlargement, expansion, or
extension of the structure and repairs are required due to damage from a
geological hazard.
111A.6 Expert Advice. In carrying out his or her duties pursuant to this chapter, the
building official may consult with and rely upon the advice of a certified engineering
geologist, geotechnical engineer, or other person with relevant expertise.
SECTION 111B
FILLS CONTAINING DECOMPOSABLE MATERIAL
111B.1 Building or grading permits shall not be issued for buildings or structures regulated
by this code located within 1,000 feet (304 800 mm) of fills containing rubbish or other
decomposable material unless the fill is isolated by approved natural or man-made
protective systems or unless designed according to the recommendation contained in a
report prepared by a licensed civil engineer. Such report shall contain a description of the
investigation, study and recommendation to minimize the possible intrusion, and to
prevent the accumulation, of explosive concentrations of decomposition gases within or
under enclosed portions of such buildings or structures. At the time of the final inspection,
a licensed civil engineer shall furnish a signed statement attesting that the building or
structure has been constructed in accordance with his or her recommendations as to
decomposition gases.
111B.2 Buildings or structures regulated by this code shall not be constructed on fills
containing rubbish or other decomposable material unless provision is made to prevent
damage to structures, floors, underground piping, and utilities due to uneven settlement
of the fill.
SECTION 111C
FLOOD HAZARDS
111C.1 Buildings are not permitted in an area determined to be subject to flood hazard
by reason of inundation, overflow, or erosion.
111C.2 Buildings and other structures shall be placed on a site so that water or mud flow
will not be a hazard to the building or structure or to adjacent property.
111C.3 Minor structures that do not require a permit and are not intended for human
habitation such as fences, trellises, patios, decks and sheds may be placed in flood hazard
areas provided:
1. Such placement will not increase the hazard to adjacent property from inundation,
erosion, or related causes;
Ordinance No. 554U
Page 16 of 19
2. Prior to issuance of a permit for such minor structure the owner shall sign and
record with the Los Angeles County Registrar-Recorder a statement in a form
approved by the City Attorney that the applicant is the owner of the property and
is aware that the records of the Building Official indicate that the property is subject
to flood hazard by reason of inundation, overflow, or erosion; and
3. The applicant signs and records an agreement in a form approved by the City
Attorney releasing the City and all officers, employees, and agents thereof from
any liability for damage or loss which may result from issuance of such permit
including damage to the minor structure authorized by the permit.
15.18.110 Administrative Code amended—Conduct of construction and
landscaping activities.
Notwithstanding the provisions of Section 15.18.010 of this chapter, all construction
projects in the city shall adhere to the regulations for dust control, hours of operation
temporary construction fencing, construction site maintenance, construction related cargo
containers and construction vehicle staging set forth in Section 17.56.020 of the city of
Rancho Palos Verdes Municipal Code.
15.18.120 Administrative Code amended—Work exempt from permit.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Paragraph No. 2
under the heading "Building" in Section 105.2 is amended to read:
2. Fences not over 7 feet(2134 mm) high, provided the fences meet the requirements
of Section 17.76.030.B of the Rancho Palos Verdes Municipal Code."
SECTION 7. Chapter 15.24 of Title 15 of the Rancho Palos Verdes Municipal Code is
amended to read:
"Chapter 15.24
DANGEROUS BUILDING CODE
Sections:
15.24.010 Dangerous Building Code adopted.
15.24.020 Dangerous Building Code amended—Administrative provisions.
15.24.010 Dangerous Building Code adopted.
Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous
Buildings Code 1997 Edition, published by the International Code Council, is hereby
adopted by reference as the Dangerous Buildings Code of the city of Rancho Palos
Verdes. A copy of the Dangerous Buildings Code of the city shall be maintained in the
office of the city clerk and shall be made available for public inspection while the code is
in force.
15.24.020 Dangerous Building Code amended—Administrative provisions.
The administrative provisions governing the Dangerous Buildings Code of the city shall
be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title.
Violation and penalty provisions shall be as set forth in Section 114 of the Administrative
Code, as amended in Section 15.18.040 of this Title."
Ordinance No. 554U
Page 17 of 19
SECTION 8. Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal Code is
amended to read:
"Chapter 15.28
HOUSING CODE
Sections:
15.28.010 Housing Code adopted.
15.28.020 Housing Code amended—Administrative provisions.
15.28.010 Housing Code adopted.
Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, and the
International Property Maintenance Code, 2012 Edition, published by the International
Code Council, are hereby collectively adopted by reference as the Housing Code of the
city of Rancho Palos Verdes. A copy of the Housing Code of the city shall be maintained
in the office of the city clerk and shall be made available for public inspection while the
code is in force.
15.28.020 Housing Code amended—Administrative provisions.
The administrative provisions governing the Housing Code of the city shall be as set
forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this Title."
SECTION 9. All inconsistencies between the Building Code, Residential Code, Green
Building Standards Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as
adopted by this Urgency Ordinance, and the 2013 edition of the California Building Code,
Residential Code, Green Building Standards Code, Electrical Code, Mechanical Code, Plumbing
Code, and Fire Code, as set forth in Parts 2, 2.5, 3, 4, 5, 9 and 11 respectively, of Title 24 of the
California Code of Regulations, are changes, modifications, amendments, additions or deletions
thereto authorized by California Health and Safety Sections 17958.5 and 17958.7.
SECTION 10. To the extent the provisions of this Urgency Ordinance are substantially the
same as previous provisions of the Rancho Palos Verdes Municipal Code, these provisions shall
be construed as continuations of those provisions and not as new enactments.
SECTION 11. Urgency Declaration. The City Council finds that it is necessary, for the
immediate preservation of the public health, safety and welfare, that this Urgency Ordinance take
effect immediately. In the absence of immediate effectiveness, the 2013 Editions of the California
Building Residential, Electrical, Mechanical, Plumbing, Fire and Green Building Standards Codes
(the"Codes")will take effect on January 1, 2014,while the local amendments to the 2013 Editions
of the California Building and Fire Codes adopted herein and providing greater protection to the
public health, safety and welfare, will not become effective until after said date, unless the Codes
and amendments thereto, as set forth herein, are adopted by urgency ordinance. Such a delay
in adoption of more protective building standards, which are primarily designed to protect the
health, safety and welfare of persons within the City of Rancho Palos Verdes, would result in less
stringent building standards being operative and would constitute an immediate threat to the
public health, safety and welfare until the new standards take effect. Therefore, the City Council
adopts this Ordinance as an urgency ordinance, effective immediately and operative as of 12:00
a.m. on January 1, 2014.
Ordinance No. 554U
Page 18 of 19
SECTION 12. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Urgency Ordinance or any part hereof or exhibit hereto is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this Urgency
Ordinance or any part thereof or exhibit thereto. The City Council of the City of Rancho Palos
Verdes hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
invalid.
SECTION 13. The City Clerk shall certify to the adoption of this Urgency Ordinance and
shall cause a copy hereof to be forthwith transmitted to the California Building Standards
Commission.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF DECEMBER, 2013.
A. 1
Ma,•
_4 ,d
Attu t:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five;the foregoing Urgency Ordinance
No. 554U was duly and regularly adopted by the City Council of said City at a regular meeting
thereof held on December 17, 2013, and that the same was passed and adopted by the following
roll call vote:
Ayes: Brooks, Campbell, Knight, Misetich and Mayor Duhovlc
Noes: None
Absent: None
Abstain: None
City Clerk
Ordinance No. 554U
Page 19 of 19
Aj II!
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on December 19, 2013, she caused to be posted the following document
entitled: ORDINANCE NO. 554U,AN URGENCY ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2013 EDITION OF
THE CALIFORNIA BUILDING, RESIDENTIAL,GREEN BUILDING STANDARDS,
PLUMBING, ELECTRICAL, MECHANICAL AND FIRE CODES, WHICH ARE
CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS,
CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY CODE, THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997
EDITION, THE UNIFORM HOUSING CODE 1997 EDITION, AND THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, WITH
APPENDICES AND AMENDMENTS THERETO;AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY
THEREOF, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
glic/IL //PA-liele
7'v
City Clerk