RPVCCA_CC_SR_2013_12_17_01_Adopting_State_Building_& Fire_CodesCITY OF
PUBLIC HEARING
Date: December 17, 2013
Subject: Adoption of Urgency Ordinance and Ordinance No. 551 & Adoption
of Resolution Adopting New State Building Codes and Fire Codes
Subject Property: Citywide
1. Declare the Hearing Op.en: Mayor Duhovic
2. Report of Notice Given: City Clerk Morreale
3. Staff Report & Recommendation: Building Official Christman
4. Public Testimony:
Appellants: N/A
Applicant: N/A
5. Council Questions:
6. Rebuttal:
7. Declare Hearing Closed: Mayor Duhovic
8. Council Deliberation:
9. Council Action:
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CITY OF
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUNITY ~MENT DIRECTOR
DECEMBER 17, 2013
SUBJECT: ADOPTION OF URGENCY ORDINANCE AND ORDINANCE NO. 551
& ADOPTION OF RESOLUTION ADOPTING NEW STATE BUILDING
CODES AND FIRE CODE
REVIEWED: CAROLYN LEHR, CITY MANAGER c..9--
Project Manager: Paul Christman, Building Official
RECOMMENDATION
1) OPEN THE PUBLIC HEARING, RECEIVE PUBLIC COMMENT AND
CLOSE THE PUBLIC HEARING;
2) ADOPT RESOLUTION NO. _, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES MAKING EXPRESS
FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE
2013 CALIFORNIA BUILDING AND FIRE CODES ARE REASONABLY
NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR
TOPOGRAPHICAL CONDITIONS;
3) ADOPT ORDINANCE NO. 551, AN 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;
4) ADOPT URGENCY ORDINANCE NO. _, 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
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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
BACKGROUND
This is the second reading of the proposed ordinance to adopt the new State Building
Codes and Fire Code. At the November 6, 2013 City Council meeting, Staff presented
an Ordinance for introduction to adopt the new 2013 State Building and Fire Codes
(November 6, 2013 City Council Staff Report is attached). In addition, on November 5th,
Staff recommended that the Council affirm Staff's interpretation that the installation of
emergency gas shut off valves qualify for a 75% permit fee subsidy and that the Council
initiate a code amendment to increase the allowable height of free standing walls/fences
from 6 feet to 7 feet given the change in the new State Code that will allow freestanding
walls/fences up to 7 feet without a permit.
After some discussion, the City Council agreed with all of Staff's recommendations but
requested that additional language be added to the building code section that exempts
walls/fences less than 7 feet in height from permits to cross reference the applicable
Municipal Code requirements related to view protection. It was also noted that the map
of the active landslide area referred to as "Exhibit A" was not included with the
ordinance.
Pursuant to Council direction, the above described language was added to the
proposed ordinance and the "Exhibit A" map was attached. The City Council approved
these proposed changes to the ordinance and re-introduced the ordinance on
November 19, 2013 (November 19, 2013 City Council Staff Report is attached).
Therefore, for the reasons discussed below, Staff is now recommending adoption of a
resolution of findings, the amended ordinance and an urgency ordinance following a
duly noticed public hearing.
DISCUSSION
Reference to Zoning Code's View Protection Regulations
Section 105 (Permits) of the new State Building Code contains Section 105.2 that lists
13 items that are exempt from the Code's permit requirements One of the items listed
is fences not over 7 feet high. Pursuant to City Council direction, Staff is proposing to
amend Section 105.2 to read as follows (new text shown in underline):
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.
This change is reflected in the attached Ordinances.
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Adoption Process
To accomplish the adoption by reference of the State Building Codes and Fire Code,
the first reading of Ordinance No. 551 was held on November 6, 2013. At Council's
direction, the proposed ordinance was amended and re-introduced by the Council
during the November 19, 2013 regular City Council meeting. At the November 19, 2013
meeting, the Council also set the time and place for the public hearing on the matter as
December 17, 2013. Public notice of tonight's December 17th public hearing was
published in the Peninsula News on November 21 and November 28, 2013.
State law permits local amendments to the State Building Codes and Fire Code, based
upon express findings that such amendments are reasonably necessary due to local
climatic, geological and/or topographical conditions. The proposed Resolution No. _
makes findings and determinations that the City's local modifications to the 2013
California Building and Fire Codes, as set forth in the proposed ordinances, are
reasonably necessary because of local climatic, geological or topographical conditions.
The adoption of proposed Ordinance No. 551 will adopt the 2013 California Building,
Residential, Green Building Standards, Plumbing, Electrical, Mechanical and Fire
Codes, as amended by the City, and bring the City's building regulations into
compliance with the latest codes adopted by the California Building Standards
Commission.
If the Council adopts Ordinance No. 551 on December 17th, Ordinance No. 551 will not
take effect until January 16, 2014. The State Building Codes and Fire Code will
automatically take effect in the City on January 1, 2014. This means that the provisions
of the State Building Codes and Fire Code will apply to the City for fifteen days between
January 1st and January 15th until Ordinance No. 551 takes effect. Ordinance No. 551,
however, includes several local amendments to the California Building and Fire Codes.
The amendments contain vital provisions and regulations affecting construction within
the City, necessitated by local climatic, geological and/or topographical conditions
described in Resolution No. _. Thus, if Ordinance No. 551 does not also become
effective on January 1, 2014, but instead becomes effective thirty days after its second
reading on December 17th, ambiguity and confusion regarding the applicability of the
City's local amendments to the California Building Codes and Fire Code could result. In
addition, not having the local amendments in place will have a detrimental effect on the
public health, safety and welfare. In order for the City's amendments to have any effect,
it is necessary that those amendments also be adopted as an urgency ordinance that
will take effect immediately and become operative on January 1, 2014, in order to
ensure that the City's amendments to the California Building and Fire Codes are in
place and effective on January 1, 2014. Staff is therefore also recommending adoption
of Urgency Ordinance No. _. Other than adding the urgency findings to the urgency
ordinance, the two ordinances are identical.
CONCLUSION
Staff recommends that the City Council adopt the new 2013 State Building, Residential,
Green Building Standards, Plumbing, Electrical, Mechanical and Fire Codes by
reference with the same local amendments that the City has adopted in the past along
with the additional changes identified by Staff and as directed by the Council on
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November 6th. A resolution, ordinance and urgency ordinance that will accomplish this
objective are attached for adoption this evening.
FISCAL IMPACT
There are no fiscal impacts to the City associated with adoption of the new State Codes.
Attachments:
Resolution No.
Draft Ordinance No. 551 with Exhibit "A"
Urgency Ordinance No. _with Exhibit "A"
November 6, 2013 CC Meeting Staff Report
November 19, 2013 CC Meeting Staff Report
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MAKING EXPRESS FINDINGS AND DETERMINATIONS
THAT MODIFICATIONS TO THE 2013 CALIFORNIA BUILDING AND
FIRE CODES ARE REASONABLY NECESSARY BECAUSE OF LOCAL
CLIMATIC, GEOLOGICAL OR 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 are 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 most recent edition of the
California Building Standards Administrative Code, the California Building Code, the California
Residential Code, the California Electrical Code, the California Mechanical Code, the California
Plumbing Code, the California Energy Code, the California Historical Building Code, the
California Fire Code, the California Existing Building Code, the California Green Building
Standards Code and the California Reference Standards Code (hereinafter referred to collectively
as "Codes"); and
WHEREAS, Health and Safety Code Section 17598.7(a) permits the City to make
modifications or changes to the Codes, which are reasonably necessary because of local climatic,
geological or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council,
before making any modifications or changes to the Codes, shall make an express finding that
such changes or modifications are reasonably necessary because of local climatic, geographic or
topographic conditions.
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 Codes and have advised that certain said changes and modifications to the 2013
Editions of the California Building Code and California Fire Code, are reasonably necessary due
to local conditions in the City of Rancho Palos Verdes as described below:
A. Climatic Conditions. The local climate is characterized by periods of high
temperatures accompanied by low humidity and high winds each year. These conditions could
create an environment in which the fire department may have great difficulty in controlling fires
occurring in hillside brush areas as well as structures not having built-in fire protection. Further,
the warm climate encourages the proliferation of swimming pool construction which makes
modifications to the California Building Code relating to swimming pools 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.
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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 soils analysis requirements must be in place to provide a
reasonable degree of structural integrity for buildings constructed in these areas in order to
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 and, if possible, where land stability will be improved.
These factors require specific and greater protection than is afforded by 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. Structures would be subject to damage from these conditions
and to water damage without special requirements addressing site drainage.
Section 2. Amendments to the 2013 Edition of the California Building Code, as
contained in City of Rancho Palos Verdes Ordinance No. 561, 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 Findings
Code Section
104.8 Administrative
105.2 Administrative
105.3.2 Administrative
105.5 Administrative
107A Administrative
109.2 Administrative
110.1 Administrative
lllA Geological
lllB Geological
lllC Geological
111.1 Administrative
113 Administrative
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Building Findings
Code Section
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. Amendments to the 2013 Edition of the California Fire Code, as contained
in City of Rancho Palos Verdes Ordinance No. 561, are found reasonably necessary based on the
climatic, geological and/or topographical conditions and are listed as follows:
Fire Code Findings
Section
101.1 Administrative
103.2 Administrative
5608.1.2 Climatic
5608.1.3 Climatic
Section 4. 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 1 ih day of December, 2013.
MAYOR
ATTEST:
CITY CLERK
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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, hereby certify that the above
Resolution No. ~ was duly and regularly passed and adopted by the said City Council at a
regular meeting held on December 17, 2013.
Carla Morreale, City Clerk
City of Rancho Palos Verdes
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ORDINANCE NO. 551
AN 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
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:
Sections:
8.08.010
8.08.020
8.08.030
8.08.040
8.08.050
8.08.060
"Chapter 8.08
FIRE CODE
Fire Code adopted.
Fire Code amended-Fireworks displays.
Violations-Penalties.
Responsibility.
List of infractions.
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."
2013 Code adoption
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8. 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
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contractor 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(8) of this Code.
C. .For the purposes of this section a forfeiture of bail shall be equivalent to a
.conviction.
8.08.040 Responslbllity.
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.
8.08.060 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 stairwavs
503.4 Obstructina of fire aooaratus 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 Extinauishers
912.4 Sians
1007.9 Sianaae
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1008.1.9.1 Hardware
1104.3 Exit sign illumination
2003.2 Smokina
2108.4 Portable fire extinguishers
2311.2.2 Waste oil, motor oil and other Class 1118 liquids
2403.2.7 Welding warning signs
2403.4 Operations and maintenance
2403.4.3 Waste cans
2404.7.8.5 Filter disoosal
2405.3.4 Dio-tank covers
2405.4.2 Portable fire extinguishers
2406.5 Operation and maintenance
2407.1 General
2407.5.2 Sians
2408.5 Sources of ignition
2505.1 Housekeeping
2803.3.1 Housekeeoina
3103.12.6.1 Exit sign illumination
3104.21 Combustible vegetation
3603.2 Sources of ianition
3603.4 Rubbish containers
3604.4 Portable fire extinauishers
4811.9 Fire department access
4811.13 Fire extinguishers
5003.5 Hazardous identification signs
5003.7.1 Smokina
5004.11 Clearance from combustibles
5005.3.8 Clearance from combustibles
5303.4 Marking
5303.5 Security
5704.2.3.1 Smokina and ooen 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:
Sections:
R6876-0001 \1655305v4.doc
"Chapter 15.04
BUILDING CODE
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15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.070
15.04.080
Building Code adopted.
Building Code amended-Administrative provisions.
Building Code amended-Storm drain precautions.
Building Code amended-Specialized foundation requirements.
Building Code amended-Pools and spas.
Renewable energy systems.
Construction indoor air quality.
15.04.01 O 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
lnt~rnational 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 7 A ([For SFMJ 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 amount of such security shall be equal to 1.1 times the estimated
cost of the grading operation and all drainage and protective devices.
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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 proteetive 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:
1806.5 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 shatl 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
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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.
15.04.060. 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:
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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.n
SECTION 3. Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
Sections:
15.08.010
15.08.020
"Chapter 15.08
ELECTRICAL CODE
Electrical Code adopted.
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.
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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 4. Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
Sections:
15.12.010
15.12.020
"Chapter 15.12
PLUMBING CODE
Plumbing Code adopted.
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:
Sections:
15.16.010
15.16.020
"Chapter 15.16
MECHANICAL CODE
Mechanical Code adopted.
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
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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 6. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
Sections:
15.18.010
15.18.020
15.18.030
15.18.040
15.18.050
15.18.060
15.18.070
15.18.080
15.18.090
15.18.100
15.18.110
15.18.120
"Chapter 15.18
ADMINISTRATIVE CODE
Administrative Code adopted.
Administrative Code amended-Liability.
Administrative Code amended-Appeals.
Administrative Code amended-Violations and penalties.
Administrative Code amended-Expiration of permits.
Administrative Code amended-Section 109.2
Administrative Code amended-Required building inspections.
Administrative Code amended-Certificate of occupancy.
Administrative Code amended-Prohibited use of building sites.
Administrative Code amended--Use and occupancy.
Administrative Code amended-Conduct of construction and
landscaping activities
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.
16.18.020 Administrative Code amended-Liability.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 104.8 is
amended to read:
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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 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 01 O 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.
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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 % 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.
106.5 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
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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 15.18.01 O 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 15.18.01 O 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
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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 15.18.01 O of this chapter, Section 107 A is
added to read:
SECTION 107 A
GEOTECHNICAL AND GEOLOGICAL HAZARDS
107 A.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.
107 A.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.
· 107 A.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,
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:
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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 107 A.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 107 A.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, cons.ultants 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 AL TERA TIONS OR REPAIRS WHICH ARE NOT DUE TO
GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL
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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 engineering
geologist, geotechnical engineer, or other person with relevant expertise.
SECTION 111 B
·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 tn 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.
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SECTION 111 C
FLOOD HAZARDS
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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.
111 C.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;
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:
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Sections:
16.24.010
16.24.020
"Chapter 16.24
DANGEROUS BUILDING CODE
Dangerous Building Code adopted.
Dangerous Building Code amended-Administrative provisions.
16.24.010 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 .
. 16.24.020 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."
SECTION 8. Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal Code is
amended to read:
Sections:
16.28.010
16.28.020
"Chapter 15.28
HOUSING CODE
Housing Code adopted.
Housing Code amended-Administrative provisions.
16.28.010 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.
16.28.020 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 Ordinance, and the 2013 edition of the California Building Code, Residential
Code, Green Building Standards Code, Electrical Code, Mechanical Code, Plumbing Code, and
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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 Ordinance are substantially the same
as previous provisions of the Rancho Palos Verdes Municipal Code, these provisions shall be
constr.ued as continuations of those provisions and not as new enactments.
SECTION 11. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this 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 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 12. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy hereof to be forthwith transmitted to the California Building Standards
Commission.
PASSED, APPROVED AND ADOPTED THIS_ DAY OF ___ , 2013.
Mayor
Attest:
City Clerk
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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
Ordinance No. _was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on , 2013, and that the same was passed and adopted
by the following roll call vote:
Ayes:
Noes:
.Absent:
Abstain:
City Clerk
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1-31
URGENCY ORDINANCE NO. __ U
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:
Sections:
8.08.010
8.08.020
8.08.030
8.08.040
8.08.050
8.08.060
"Chapter 8.08
FIRE CODE
Fire Code adopted.
Fire Code amended-Fireworks displays.
Violations-Penalties.
Responsibility.
List of infractions.
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 8 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."
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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
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contractor 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 1.08.01 O(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(8) 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 smokinQ" siQns
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 SignaQe
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1008.1.9.1 Hardware
1104.3 Exit sign illumination
2003.2 Smoking
2108.4 Portable fire extinquishers
2311.2.2 Waste oil, motor oil and other Class 1118 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 extinquishers
2406.5 Operation and maintenance
2407.1 General
2407.5.2 Siqns
2408.5 Sources of ignition
2505.1 Housekeeping
2803.3.1 Housekeepinq
3103.12.6.1 Exit sign illumination
3104.21 Combustible vegetation
3603.2 Sources of iqnition
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 Smokinq
5004.11 Clearance from combustibles
5005.3.8 Clearance from combustibles
5303.4 Markinq
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:
Sections:
"Chapter 15.04
BUILDING CODE
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15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.070
15.04.080
Building Code adopted.
Building Code amended-Administrative provisions.
Building Code amended-Storm drain precautions.
Building Code amended-Specialized foundation requirements.
Building Code amended-Pools and spas.
Renewable energy systems.
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 7 A ([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 amount of such security shall be equal to 1.1 times the estimated
cost of the grading operation and all drainage and protective devices.
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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 to the ground by a foundation, at least at one point. All other
portions of the structural framework may be supported by adjustable
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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:
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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:
Sections:
15.08.010
15.08.020
"Chapter 15.08
ELECTRICAL CODE
Electrical Code adopted.
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.
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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 4. Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
Sections:
15.12.010
15.12.020
"Chapter 15.12
PLUMBING CODE
Plumbing Code adopted.
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:
Sections:
15.16.010
15.16.020
"Chapter 15.16
MECHANICAL CODE
Mechanical Code adopted.
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
9
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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 6. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
Sections:
15.18.010
15.18.020
15.18.030
15.18.040
15.18.050
15.18.060
15.18.070
15.18.080
15.18.090
15.18.100
15.18.110
15.18.120
"Chapter 15.18
ADMINISTRATIVE CODE
Administrative Code adopted.
Administrative Code amended-Liability.
Administrative Code amended-Appeals.
Administrative Code amended-Violations and penalties.
Administrative Code amended-Expiration of permits.
Administrative Code amended-Section 109.2
Administrative Code amended-Required building inspections.
Administrative Code amended-Certificate of occupancy.
Administrative Code amended-Prohibited use of building sites.
Administrative Code amended-Use and occupancy.
Administrative Code amended-Conduct of construction and
landscaping activities
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:
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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 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.
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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 Yi 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
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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 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
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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 107 A is
added to read:
SECTION 107 A
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.
107 A.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,
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:
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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 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.
111 A.4 Outdoor Improvements. Subject to the provisions of Section 111 A.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
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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 engineering
geologist, geotechnical engineer, or other person with relevant expertise.
SECTION 111 B
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
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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.
111 C.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;
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:
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Sections:
15.24.010
15.24.020
"Chapter 15.24
DANGEROUS BUILDING CODE
Dangerous Building Code adopted.
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."
SECTION 8. Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal Code is
amended to read:
Sections:
15.28.010
15.28.020
"Chapter 15.28
HOUSING CODE
Housing Code adopted.
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,
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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.
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.
Mayor
Attest:
City Clerk
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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. _. 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:
Noes:
Absent:
Abstain:
City Clerk
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CfTYOF CHO PALOS VERDES
·MEMORANDUM
TO:
FROM:
DATE: ·
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, DEVELOPMENT
DIRECTOR
NOVEMBER 6, 2013
INTRODUCTION OF ORDINANCE ADOPTING NEW
STATE BUILDING CODES AND FIRE CODE
CAROLYN LEHR, CITY MANAGER~
Project Manager: Paul Christman, Building Officia~v
RECOMMENDATION
1) INTRODUCE ORDINANCE NO. _,AN 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
2) AFFIRM STAFF'S INTERPRETATION THAT THE INSTALLATION OF
NATURAL GAS EARTHQUAKE SHUT-OFF VALVES IS A FORM OF
"EARTHQUAKE RETROFITTING" AND THEREFORE QUALIFIES FOR A 75%
PERMIT FEE SUBSIDY UNDER THE PROVISIONS OF CURRENT FEE
RESOLUTION NO. 2009-19; AND
3) INITIATE A DEVELOPMENT CODE AMENDMENT TO INCREASE THE
ALLOWABLE HEIGHT OF FREESTANDING WALLS/FENCES FROM 6 FEET
TO 7 FEET IN ORDER TO BE CONSISTENT WITH THE NEW STATE
BUILDING CODE.
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BACKGROUND
On July 1, 2013, the California Building Standards Commission published the new
California Building Standards Code. The California Building Standards Code is a
compilation of building standards that apply to all occupancies in California. It includes
the building code, plumbing code, electrical code, mechanical code, fire code,
administrative code, and energy code, among others. Any city may establish more
restrictive building standards than those in the California Building Standards 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, 2014. Therefore, the City has until December 31, 2013 to adopt the
new 2013 state codes with its own local amendments.
Like previous years, Staff intends to adopt the new Los Angeles County Fire Code with
amendments which the County intends to adopt. However, Staff has been informed by
the Courity that the new L.A. County Fire Code will likely not be adopted by the County
until sometime in January or February 2014. Thus, in the interim, Staff is intends to
adopt the 2013 State Fire Code with the local amendments that the City Council
approved previously.
It is Staff's intent to adopt the new 2013 State Building, Residential, Green Building
Standards, Plumbing, Electrical, Mechanical and Fire Codes by reference with
substantially the same local amendments that the City has adopted in the past along
with one new local amendment proposed by Staff. An ordinance that accomplishes this
has been drafted for Introduction this evening.
Dl·SCUSSION
New 2013 California Building Code
The attached ordinance adopts by reference the 2013 California Building Code,
California Residential Code, California Green Building Standards Code, California
Electrical Code, California Mechanical Code, California Plumbing Code and California
Fire Code, the 1997 Uniform Housing Code, the 2012 International Property
Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings,
Chapter 7 A of Title 26 of the Los Angeles County Building Code, and the Los Angeles
County Fire Code (collectively the "technical codes"). Some of the new requirements
contained in the new state codes include:
New Green Building/ Energy Code requirements for enhanced energy efficiency,
water conservation, resource efficiency, interior environment & indoor air quality
New Residential Building Code requirements for low window sill openings.
Specifically, if a window sill is lower than 30 inches above the interior floor and
more than 6 feet above the exterior grade, safety devices must be incorporated
to prevent occupants from falling out of the window.
New wireless technology requirements for the inter-connection of required smoke
alarms within dwelling units.
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An increase in the height that freestanding walls/fences are allowed without a
building permit from 6 feet to 7 feet. ·
New 2014 L.A. County Fire Code
Since staff has not received the County's 2014 Fire Code adoption notification, the City
·plans on adopting the 2013 State Fire Code in the interim. While the State Code will
not contain the strict ignition resistant construction requirements that are contained in
the L.A. County Fire Code which apply to all new construction (new homes and
additions/remodels) located within in a Very High Fire Hazard Severity Zone (VHFHSZ),
L.A. County Building Code Chapter 7 A, which will be adopted by the City, contains the
same strict requirements. Since the entire City, with the exception of a small area off of
Western Avenue, is identified as a VHFHSZ, this means that almost all new
construction in the City will continue to have to comply with these more restrictive
standards.
These stricter ignition resistant requirements have been applied to all new construction
(new homes and additions/remodels) in the City since January 1, 2011. Since that time,
Staff has encountered a handful of situations where applicants have expressed a
concern with the cost and necessity of complying with the strict ignition resistant
construction requirements. For example, residents seeking to replace their windows
find that they need to use more expensive tempered glass in order to be compliance.
Furthermore, the requirements occasionally create inconsistencies in the design and
appearance of a residence, whereby the addition is required to have fire resistive eaves
or ignition resistant exterior materials that may not exactly match the older existing
portion of the residence. Notwithstanding these concerns, Staff believes the ignition
resistant construction requirements contained in L.A. County Building Code Chapter 7 A
and the forthcoming 2014 L.A. County Fire Code provide greater fire protection to City
residents. The adjacent communities of Rolling Hills and Rolling Hills Estates also utilize
the same more restrictive requirements contained in the LA County Building & Fire
Codes.
Local Amendments
The attached ordinance also contains existing local amendments that have been
adopted by the City Council in the past. These local amendments address such issues
as geotechnical hazards, pool safety fencing, and grading as well as minor changes to
the technical codes. In addition to the same previously approved local amendments,
Staff is proposing that the tallowing additional local amendment be adopted with the
new State Codes:
"Conduct of Construction" --Staff is proposing that the regulations contained in
the City's Development Code regarding Dust Control, Hours of Construction,
Temporary Construction Fencing, Construction Site Maintenance, Cargo
Containers Used for Construction, and Construction Vehicle Staging be cross-
referenced in a new Section (15.18.1~0) of the Administrative Code.
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Adoption Process
When adopting a code by reference, State law requires that the City Council schedule a
public hearing after first reading of the ordinance. The public hearing can occur in
conjunction with the second reading of the ordinance. Pursuant to Government Code
50022.3, the notice of the public hearing must be published once a week for two
successive weeks, with at least five days intervening between the respective
publications dates. If there is no newspaper of general circulation, which is the situation
-in the City of Rancho Palos Verdes, the notice is posted for two consecutive weeks. In
addition, the City Clerk is required to keep on file a copy of the code to be adopted by
reference for at least 15 days before the public hearing.
Pursuant to said adoption process, introduction of the ordinance adopting the new State
codes with the local amendments described above will occur on November 5th. Any
changes to the ordinance requested by the Council will be made by staff and the
ordinance will be presented again to the Council for adoption on December .3, 2013
throug~ a noticed public hearing. Public notice of the December 3rc1 public he~ring will
be published in the Peninsula News on November 14th and 21st.
ADDITIONAL INFORMATION
Natural Gas Earthquake Shut-off Valves
In order to prevent gas leaks in the event of an earthquake, some residents desire to
install emergency gas shut-off valves. Pursuant to the State Building Code, a permit is
required for the installation of said valves. The cost of said permit from the City ranges
from $131 to $149. Recently, the Mayor brought it to Staff's attention that some
residents have raised concerns to her about the permit fee. Staff felt that the installation
of emergency shut-off valves could qualify for a subsidy. Thus, Staff looked into this
matter and while the requirement for a permit cannot be removed from the new State
code, Staff believes that the installation of an automatic gas earth-quake shut-off valve
can be considered a form of "Earthquake Retrofitting" which would make the permit for
the installation of such valves eligible for a 75% fee subsidy as specified in the City's
current fee resolution. This would mean that a City permit would still be required for the
installation of said valves to ensure they are installed correctly, but the permit fee would
be subsidized by the City by 75%. Staff is seeking the Council's affirmation of this
interpretation.
Allowance of 7-foot Freestanding Walls/Fences without a Permit
As noted earlier in this staff report, the new State Code will allow freestanding walls and
fences up to 7 feet without a permit whereas the current State Code requires a permit
for freestanding walls/fences over 6 feet in height. The Building Official has reviewed
this matter and does n·ot . find that there is reason for the City to adopt a local
amendment to keep the City's permit trigger at 6-feet. Furthermore, Staff is proposing
that the City's Development Code be amended to increase the allowable height of
freestanding walls/fences from 6 feet to 7 feet in the City for the following reasons:
1) It would avoid a confusing inconsistency between the City's new Building Code
and the existing Development Code.
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2) It would avoid residents having to apply for a costly Minor Exception Permit or
Variance application simply to add one foot to their existing wall or fence.
3) Any concerns that higher walls/fences could impair views would be addressed by
the City's current Fence, Wall and Hedge Permit review process.
4) The amendment would be limited to Development Code sections that establish
wall/fence height limits at 6 feet. Any existing Development Code restrictions that
limit walls/fences to heights lower than 6 feet, such as in the front or street side
yard setbacks, would not be changed.
Therefore, Staff is recommending that the City Council initiate a code amendment
to increase the allowable height of freestanding walls/fences from 6 feet to 7 feet
to be consistent with the new State Building Code. If initiated, the amendment
language would first be presented to the Planning Commission for its review and then
the Cqmmission's recommendation would be presented to the City Council for its final
adoption. Since, the Planning Commission is currently reviewing a proposed code
amendment to the City's Fence, wall and Hedge Permit process, Staff proposes to
combine this initiated amendment with the Fence, Wall and Hedge Permit amendment.
CONCLUSION
It is Staff's intent to adopt the new 2013 State Building, Residential, Green Building
Standards, Plumbing, Electrical, Mechanical and Fire Codes by reference with the same
local amendments that the City has adopted in the past along with one new local
amendment proposed by Staff. An ordinance that accomplishes this has been drafted
for Introduction this evening. Furthermore, Staff is seeking direction on two aspects
related to the new Building Code adoption.
FISCAL IMPACT
Other than the undetermined costs related to the 75% permit subsidy for the installation
of gas earthquake shut-off valves, there are no fiscal impacts to the City associated with
adoption of the new State Codes.
ALTERNATIVES
In addition to Staff's recommendations, the following alternatives are available to the
City Council:
1) Direct Staff to add or eliminate specific local amendments to the new State
Codes; and/or
2) Determine that the installation of a natural gas earthquake shut-off valve is not a
form of "earthq~ake retrofitting", thereby directing Staff to amend the City's
current Fee Resolution to subsidize or eliminate the permit fee for shut-off valves;
and/or
3) Direct Staff to not amend the City's Development Code, thereby maintaining a 6-
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foot height limit for freestanding walls and fences regardless of the new State
Code that allows freestanding walls/fences up to 7 feet in height.
Attachments:
Draft Ordinance No.
Resolution No. 2009-19 Exhibit 1 Page 6 Master Fee Schedule Building & Safety
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CrrYOF CHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
. REVIEWED:
HONORABLE MAYOR CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUN VELOPMENT DIRECTOR
NOVEMBER 19, 2013
RE-INTRODUCTION OF ORDINANCE ADOPTING NEW
STATE BUILDING CODES AND FIRE CODE
CAROLYN LEHR, CITY MANAGER QJ__
Project Manager: Paul Christman, Building Official
RECOMMENDATION
RE-INTRODUCE ORDINANCE NO. 551, AN 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
· 7 A 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 ANO
AMENDMENTS THERETO, AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE.
BACKGROUND
At the November 6, 2013 City Council meeting, Staff presented an Ordinance for
Introduction to adopt the new 2013 State Building and Fire Codes (November 6, 2013
City Council Staff Report is attached). In addition, Staff was recommending that the
Council affirm Staffs interpretation that the installation of emergency gas shut off valves
qualify for a 75% permit fee subsidy and that the Council initiate a code amendment to
increase the allowable height of free standing walls/fences from 6 feet to 7 feet given
the change in the new State Code that will allow freestanding walls/fences up to 7 feet
without a permit.
After some discussion, the City Council agreed with all of Staffs recommendations but
requested that additional language be added to the building code section that exempts
walls/fences less than 7 feet in height from permits to cross reference the applicable
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Municipal Code requirements related to view protection. It was also noted that the map
of the active landslide area referred to as "Exhibit A" was not included with the
ordinance. Pursuant to Council direction, language has been added to the proposed
ordinance and the "Exhibit A" map has been attached. Therefore, Staff is now
recommending re-introduction of the amended ordinance.
DISCUSSION
Reference to Zoning Code's View Protection Regulations
Section 105 (Permits) of the new State Building Code contains sub-section 105.2 that
lists 13 items that are exempt from the Code's permit requirements One of the items
listed is fences not over 7 feet high. Pursuant to City Council direction, Staff is
proposing to amend section 105.2 to as follows (new text shown in underline):
2. Fences not over 7 feet (2134 mm) high, provided the fences meet the
requirements of Section 17. 76. 030 of the Rancho Palos Verdes Municipal Code.
This change is reflected in the attached Ordinance .
. Adoption Process
With re-introduction of the ordinance, Staff will now provide public notice of the planned
adoption of both an urgency ordinance and a non-urgency ordinan9e at the City
Council's December 17, 2013 meeting. Public notice of the December 17th public
hearing will be published in the Peninsula News on November 21 and November 28,
2013.
CONCLUSION
It is Staffs intent to adopt the new 2013 State Building, Residential, Green Building
Standards, Plumbing, Electrical, Mechanical and Fire Codes by reference with the same
local amendments that the City has adopted in the past along with the· additional
changes identified by Staff and directed by the Council on November 6th. An ordinance
that accomplishes this is being re-introduced this evening.
FISCAL IMPACT
There are no fiscal impacts to the City associated with adoption of the new State Codes.
Attachments:
Draft Ordinance No. 551
November 6, 2013 CC Meeting Staff Report
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