CC SR 20161018 02 - Building Code Intro ORD Adopt RESRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/18/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Review and Consider the Introduction of an Ordinance Adopting the 2016 California
Building Standards Code and the Adoption of a Resolution making certain findings to
modify the 2016 California Building Code
RECOMMENDED COUNCIL ACTION:
(1) Introduce ORDINANCE NO. , AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2016
CALIFORNIA BUILDING STANDARDS CODE WHICH INCLUDES THE 2016
EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN
BUILDING STANDARDS, PLUMBING, ELECTRICAL AND MECHANICAL
CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE
OF REGULATIONS; CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES
COUNTY BUILDING CODE; THE UNIFORM CODE FOR THE ABATEMENT
OF DANGEROUS BUILDINGS 1997 EDITION; THE UNIFORM HOUSING
CODE 1997 EDITION; AND THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2015 EDITION, WITH APPENDICES AND
AMENDMENTS THERETO; AND, AMENDING TITLE 15 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE;
(2) Adopt Resolution No. 2016-, making express findings and determinations that
the modifications to the 2016 California Building Code are reasonably necessary
because of local climatic, geological and topographical conditions; and,
(3) Continue this matter to a duly -noticed public hearing on November 1, 2016, for
adoption of the draft Ordinance.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Paul Christman, CBO/MCP, Building Official
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager.
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. (page A-1)
B. Resolution No. 2016- (page B-1)
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BACKGROUND AND DISCUSSION:
2016 California Building Standards Code
On July 1, 2016, the California Building Standards Commission (CBSC) published the
new California Building Standards Code (2016 Code). The 2016 Code is a compilation
of building standards that apply to all types of construction in California. Any City may
establish more restrictive building standards than those in the 2016 Code if a City finds
that the more -stringent standard or "local amendment" is necessary because of local
climatic, geological or topographical conditions. However, if a City fails to adopt its own
more -restrictive standards, the codes published by the State become the City's codes
on January 1, 2017. Therefore, the City has until December 31, 2016, to adopt the
2016 Code with its own local amendments.
The Council is being asked to adopt the 2016 Code by reference, including the same
local amendments that the City has adopted in the past. The attached Ordinance
(Attachment A) to be introduced this evening adopts by reference the 2016 Code which
consists of the California Building Code, California Residential Code, California Green
Building Standards Code, California Electrical Code, California Mechanical Code, and
California Plumbing Code, the 1997 Uniform Housing Code, the 2015 International
Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous
Buildings, and Chapter 7A of Title 26 of the Los Angeles County Building Code. Some
of the new noteworthy requirements contained in the 2016 Code include:
• New Green Building/ Energy Code requirements for enhanced energy efficiency
and water conservation;
• Accessible Electric Vehicle Charging facilities;
• Residential Building Code requirements for existing bedroom egress windows;
• Electrical Code requirements for Arc Fault Circuit Interrupters (AFCls) to be
installed for most circuits or outlets in new or rewired dwellings.
In past years, the Los Angeles County Fire Code (Fire Code) has also been adopted in
conjunction with the new California Building Standards Code. However, Fire Code
adoption is not included with this ordinance since it has yet to be adopted by the
County. Staff expects to present the Fire Code and local amendments for the City
Council's consideration at a future public hearing.
Local Amendments to the California Buildina Code
The Health and Safety Code allows cities to impose requirements to reflect local
conditions provided that certain findings and determinations can be made due to local
climatic, geographic, or topographic conditions. The attached Resolution (Attachment
B) contains the existing local amendments that have been adopted by the City Council
in the past that are to be included in the 2016 Code. These local amendments address
such issues as geotechnical hazards, strength of concrete, and grading.
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Adoation Process
When adopting a code by reference, State law requires that the City Council schedule a
public hearing after the first reading of the ordinance. This public hearing can occur in
conjunction with the second reading of the ordinance. Pursuant to Government Code
Section 50022.3, the public hearing notice must be published once a week for two
successive weeks, with at least five days between the publications dates. If there is no
newspaper of general circulation (as is the case in the City), the notice is posted for two
consecutive weeks. Accordingly, public notice of the November 1, 2016, public hearing
was published in the Palos Verdes Peninsula News on September 29, 2016, and
October 6, 2016. In addition, the City Clerk is required to keep on file a copy of the
code to be adopted for at least 15 days before the public hearing.
The introduction of the ordinance adopting the 2016 Code with local amendments is
presented to the City Council this evening, with the public hearing and scheduled
adoption set for November 1, 2016. Any changes to the ordinance requested by the
City Council will be presented for adoption at the public hearing.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council's consideration:
Direct Staff to add, modify, or eliminate specific local amendments to the
new State Codes.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA
BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS,
PLUMBING, ELECTRICAL, AND MECHANICAL 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, 2015 EDITION, WITH APPENDICES AND AMENDMENTS
THERETO; AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE
WHEREAS, Section 17958 of the California Health and Safety Code provides that
if a city does not amend, add, or repeal ordinances or regulations to impose the same
requirements as are contained in the provisions adopted pursuant to Section 17922 of
said Health and Safety Code and published in the State Building Standards Code and the
other regulations adopted pursuant to Section 17922, or make changes or modifications
in those requirements upon express findings, the provisions promulgated pursuant to
Section 17922 shall be applicable to it and shall become effective 180 days after
publication; and
WHEREAS, the City of Rancho Palos Verdes (the "City") will, by virtue of the
above -referenced state law, automatically adopt various state codes that make up the
California Building Standards Code including the California Building Code, the California
Electrical Code, the Mechanical Code and the California Plumbing Code; and
WHEREAS, Health and Safety Code Section 17958 provides that the City of
Rancho Palos Verdes may adopt ordinances and regulations imposing the same or
modified requirements as are contained in the regulations adopted by the State pursuant
to Health and Safety Code Section 17922; and
WHEREAS, the City now desires to amend the Rancho Palos Verdes Municipal
Code to reflect the adoption of these state codes and amendments as contained herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.04 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 15.04
BUILDING CODE
Sections:
01203.0005/317062.2
A-1
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, 2016 Edition (Part
2 of Title 24 of the California Code of Regulations), based on the 2015 International
Building Code as published by the International Code Council, including
Appendices F and J thereto, the California Residential Code, 2016 Edition (Part
2.5 of Title 24 of the California Code of Regulations), based on the 2015
International Residential Code as published by the International Code Council
which incorporates and amends the International Residential Code, the California
Green Building Standards Code, 2016 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.
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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 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:
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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 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
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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:
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.
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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 2. 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, 2016 Edition
(Part 3 of Title 24 of the California Code of Regulations), which incorporates and
amends the National Electrical Code, 2014 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.
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 3. Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 15.12
PLUMBING CODE
Sections:
w o
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, 2016 Edition
(Part 5 of Title 24 of the California Code of Regulations), which incorporates and
amends the Uniform Plumbing Code, 2015 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 4. 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.
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 5. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
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Chapter 15.18
ADMINISTRATIVE CODE
Sections:
Administrative Code amended—Required
building
15.18.010
Administrative Code adopted.
15.18.020
Administrative Code amended—Liability.
of occupancy.
15.18.030
Administrative Code amended—Appeals.
use of building
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, 2016 Edition (Part 2 of Title 24 of the California Code of
Regulations), based on the 2015 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
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until final termination of 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 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 '/2 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
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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 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
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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
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
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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
111 A, 111 B and 111 C 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.
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
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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 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
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engineering geologist, geotechnical engineer, or other person with relevant
expertise.
SECTION 111B
FILLS CONTAINING DECOMPOSABLE MATERIAL
111 B.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.
111 B.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
111 C.1 Buildings are not permitted in an area determined to be subject to flood
hazard by reason of inundation, overflow, or erosion.
111 C.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:
Such placement will not increase the hazard to adjacent property from
inundation, erosion, or related causes;
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
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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 17.76.030.13 of the Rancho Palos Verdes Municipal
Code."
SECTION 6. 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
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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 7. 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, 2015 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 8. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 9. Except as otherwise specifically provided in this Ordinance, all other
provisions of Title 15 remain the same.
SECTION 10. The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City of Rancho Palos Verdes.
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SECTION 11.
after its adoption.
SECTION 12.
and shall cause a copy
Standards Commission.
Effective Date. This ordinance shall take effect days
The City Clerk shall certify to the adoption of this Ordinance
hereof to be forthwith transmitted to the California Building
PASSED, APPROVED and ADOPTED this day of
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
2016.
I, TERESA TAKAOKA, Acting 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;
that the foregoing Ordinance No. passed first reading on , 2016, was
duly and regularly adopted by the City Council of said City at a regular meeting thereof
held on 2016, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
US
•
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MAKING EXPRESS FINDINGS AND
DETERMINATIONS THAT MODIFICATIONS TO THE 2016 CALIFORNIA
BUILDING CODE ARE REASONABLY NECESSARY BECAUSE OF
LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS
WHEREAS, Health and Safety Code Section 17958 provides that the City of
Rancho Palos Verdes may adopt ordinances and regulations imposing the same or
modified requirements as contained in the regulations adopted by the State pursuant to
Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section
17922 to impose the same requirements as are contained in the 2016 California Building
Standards Code; and
WHEREAS, Health and Safety Code Section 17598.5 permits the City to make
modifications or changes to the 2016 California Building Standards Code as are
reasonably necessary because of local conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to building standards pursuant to
Section 17958.5, make express findings that such changes or modifications are needed
due to local climatic, geographic or topographic conditions and files the same with the
California Building Standards Commission; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The Building Division has recommended that changes and
modifications be made to the California Building Code and has advised that certain
changes and modifications to the 2016 Edition of the California Building Code are
reasonably necessary due to local conditions in the City of Rancho Palos Verdes as
described below:
A. Local Climatic Conditions. The local climate is characterized by
periods of high temperatures accompanied by low humidity and high winds each year.
These conditions have the potential to create an environment difficult for the fire
department to control in the event of fires occurring in hillside brush areas as well as
structures not having built-in fire protection. Further, there is a correlation between a
warm climate and the proliferation of swimming pool construction. The modifications to
the California Building Standards Code relating to swimming pools are desirable to
adequately protect small children from drowning hazards. The City also experiences
periods of intense rainfall, which create the need for special drainage precautions.
B. Geological Conditions. The City is located in an area with expansive
soils and includes hillsides that are subject to landslides, mud flows and unstable soils.
Special foundation considerations and soil analysis requirements must be in place to
provide a reasonable degree of structural integrity for buildings constructed in these
areas. These requirements mitigate and prevent injury to building occupants, neighbors,
and persons using public property. Grading operations in areas of the City where the
land is unstable are likely to create hazardous conditions. New construction or additions
in an active landslide area must be regulated to ensure that the slide will not be
exacerbated. These regulations aim to improve land stability as well. The above
referenced factors require more specific and greater protection than is afforded by the
California Building Code.
C. Topographical Conditions. The City has hillside and flat land
developments that require special drainage precautions, as well as several areas that are
subject to landslides and expansive soils. Without special requirements addressing site
drainage, structures would be subject to damage from these conditions and to water
damage.
Section 2. Amendments to the 2016 Edition of the California Building Code, as
contained in City of Rancho Palos Verdes Ordinance No. , are found reasonably
necessary based on the climatic, geological and/or topographical conditions cited above
in Paragraphs A, B and C of Section 1 of this Resolution and are listed as follows:
Building
Code
Section
Findings
104.8
Administrative
105.2
Administrative
105.3.2
Administrative
105.5
Administrative
107A
Administrative
109.2
Administrative
110.1
Administrative
111A
Geological
111B
Geological
111C
Geological
111.1
Administrative
M
Building
Code
Section
Findings
113
Administrative
114.1
Administrative
114.4
Administrative
114.5
Administrative
1805.5
Geological
3109.4.1
Topographical
3314
Topographical
3314.1
Topographical
3314.2
Topographical
3314.3
Topographical
3314.4
Topographical
Section 3. The City Clerk shall certify to the adoption of this resolution, shall
cause this resolution and her certification to be entered in the Book of Resolutions of the
Council of this City, and shall cause a copy hereof to be forthwith transmitted to the
California Building Standards Commission.
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PASSED, APPROVED and ADOPTED this day of 2016.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKOAKA, Acting City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2016-_, was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on , 2016.
CITY CLERK