HomeMy WebLinkAboutORD NO. 22-1455 (BUILDING CODES)Page 1 of 32 #22-1455
CITY OF HERMOSA BEACH ORDINANCE NO. 22-1455
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE
2022 ENERGY CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE;
MAKING AMENDMENTS TO SAID CODES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
1. In July 2022, the California Building Standards Commission adopted the
2022 Edition of the California Building Standards Code (“CBSC”), effective
January 1, 2023 and codified in Title 24 of the California Code of
Regulations (“CCR”).
2. The CBSC consists of building standards that regulate the erection,
construction, enlargement, alteration, repair, moving, removal, demolition,
conversion, occupancy, equipment, use, height, area, electrical systems,
plumbing, mechanical systems, and maintenance of all buildings in the
state and includes the California Building Code (CCR, Title 24, Part 2); the
California Residential Code (CCR, Title 24, Part 2.5); the California Electrical
Code (CCR, Title 24, Part 3); the California Mechanical Code (CCR, Title 24,
Part 4); the California Plumbing Code (CCR, Title 24, Part 5); the California
Energy Code (CCR, Title 24, Part 6); the California Existing Building Code
(CCR, Title 24, Part 10); and the California Green Building Standards Code
(CCR, Title 24, Part 11).
3. Pursuant to California Government Code Section 50022.2, the City of
Hermosa Beach (“City”) may adopt the 2022 Edition of the CBSC by
reference.
4. Pursuant to sections 17958.7 and 18941.5 of the California Health & Safety Code, the City may adopt local amendments to the CBSC determined by
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the City Council to be reasonably necessary because of local climatic,
geological, or topographical conditions.
5. The City desires to adopt the 2022 edition of the CBSC with local
amendments to provide for the issuance of permits and the collection of
fees, to provide adequate remedies for code violations, to establish
administrative procedures consistent with City protocols, and to ensure that
the state standards are reasonably tailored to local conditions.
6. Findings. Based on the foregoing, the City Council of the City of Hermosa Beach does hereby find that the proposed amendments to the 2022 Edition
of the CBSC are reasonably necessary for reasons of local climatic,
geologic, and topographic conditions as set forth in “Exhibit A” of this
Ordinance.
SECTION 2. BUILDING CODE.
Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is hereby
amended in its entirety to read as follows:
“Chapter 15.04 Building Code 15.04.010 Adoption of building code.
15.04.020 Board of appeals. 15.04.030 Violations. 15.04.040 Fees.
15.04.050 Expiration of permits.
15.04.070 Protection of private property during construction. 15.04.080 Roof covering requirements. 15.04.100 Automatic sprinkler systems.
15.04.130 Assumption of risk for below-grade construction. 15.04.140 Pedestrian protection during construction.
15.04.010 Adoption of Building Code.
Except as hereinafter provided in this chapter, the California Building
Code 2022 Edition (Part 2 of Title 24 of the California Code of Regulations),
including Appendices F, G, and J, is hereby adopted by reference and made
a part of this chapter as though set forth in this chapter in full. Said code shall
comprise the building code of the City of Hermosa Beach. 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.
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Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach. Whenever the term "building official"
appears in said code, it shall mean and refer to the Building/Code
Enforcement Official or to the Director of Community Development of the city
of Hermosa Beach, or his or her designee.”
15.04.020 Board of appeals.
Section 113 of Chapter 1 of the 2022 California Building Code is hereby
amended to read as follows:
SECTION 113
BOARD OF APPEALS
A. General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretation of this Code, there shall be and is hereby created a Board of
Appeals consisting of five (5) members who are qualified by experience and
training to pass upon matters pertaining to building construction and who are
not employees of the jurisdiction. The Building Official shall be an ex officio
member of and shall act as secretary to said Board but shall have no vote
upon any matter before the Board. The Board of Appeals shall be appointed
by the City Council and shall hold office at its pleasure. The Board shall adopt
rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building
Official.
B. Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this Code or the rules legally adopted hereunder have
been incorrectly interpreted, the provisions of this Code do not fully apply or
an equally good or better method of construction is proposed. The Board of
Appeals shall have no authority to waive requirements of this Code.
C. Quorum for meetings. Three (3) members of said Board shall
constitute a quorum. The Board shall elect one of its members to act as
chairman.
Not less than three (3) days prior to a meeting of said Board, written
notice shall be given to each member personally, or by registered mail,
provided, however, that any meeting of said Board shall be legal for any
purpose if the written consent of all members of said Board to such meeting is
executed and filed in the records of such Board.
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Such Board shall have the right, subject to such limits as the Council may
prescribe by resolution, to employ at the cost and expense of said City such
practicing architects, competent builders, attorneys and structural engineers
as said Board in its discretion may deem reasonable and necessary to assist in
its investigation and in making its findings and decisions.
15.04.030 Violations.
Section 114 of Chapter 1 of the 2022 California Building Code shall be
amended to read as follows.
SECTION 114
VIOLATIONS
A. Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, extend, repair, move, improve, remove,
convert or demolish, equip, use, occupy or maintain any building or structure
or cause or permit the same to be done in violation of this Code.
B. Notice of violation. The building official is authorized to serve a notice
of violation or order on the person responsible for the erection, construction,
alteration, extension, repair, moving, removal, demolition or occupancy of a
building or structure in violation of the provisions of this Code, or in violation of
a permit or certificate issued under the provisions of this Code. Such order shall
direct the discontinuance of the illegal action or condition and the
abatement of the violation.
C. Prosecution of violation. If the notice of violation is not complied with
promptly, the building official is authorized to request the legal counsel of the
jurisdiction to institute the appropriate proceeding at law or in equity to
restrain, correct or abate such violation, or to require the removal or
termination of the unlawful occupancy of the building or structure in violation
of the provisions of this Code or of the order or direction made pursuant
thereto.
D. Violation penalties. Any person who violates a provision of this Code
or fails to comply with any of the requirements thereof or who erects,
constructs, alters or repairs a building or structure in violation of the approved
construction documents or directive of the building official, or of a permit or
certificate issued under the provisions of this Code, shall be subject to penalties
as prescribed by law.
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E. Violation a misdemeanor. Any person violating any of the provisions
of this Chapter or said Building Code shall be deemed guilty of a misdemeanor
and shall be punishable as set out in Section 1.04.020 of this Code.
15.04.040 Fees.
Section 109 of the 2022 California Building Code is hereby amended to
read as follows:
SECTION 109 FEES
A. General. Fees shall be assessed in accordance with the provisions of
this Section.
B. Permit fees. The fee for each permit shall be as set forth in the latest
resolution adopted by the City Council. The determination of value or
valuation under any of the provisions of this Code shall be made by the
Building Official. The value to be used in computing the building permit and
building plan review fees shall be the total value of all construction work for
which the permit is issued, as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire-extinguishing systems and
other permanent equipment. Where work for which a permit is required by this
Code is started or proceeded with prior to obtaining said permit, the fees
above specified shall be quadrupled, but the payment of such quadrupled
fee shall not relieve any persons from fully complying with the requirements of
this Code in the execution of the work nor from any other penalties prescribed
herein.
C. Plan review fees. When a plan or other data are required to be
submitted by this Code, a plan review fee shall be paid at the time of
submitting plans and specifications for review. Said plan review fee shall be
eighty (80) percent of the building permit fee.
The plan review fees specified in this Subsection are separate fees from
the permit fees specified in Subsection 1.8.4.2 and are in addition to the permit
fees.
Where plans are incomplete or changed or involve deferred submittals
so as to require additional plan review, an additional plan review fee shall be
charged at the rate indicated in the executive order.
D. Expiration of plan review. Applications for which no permit is issued
within one hundred eighty (180) days following the date of application shall
expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the Building Official.
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The Building Official may extend the time for action by the applicant for a
period not exceeding one hundred eighty (180) days upon request by the
applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. No application shall be extended
more than once. In order to renew action on an application after expiration,
the applicant shall resubmit plans and pay a new plan review fee.
E. Fee refunds.
1. The Building Official may authorize the refunding of any fee
paid hereunder which was erroneously paid or collected.
2. The Building Official may authorize the refunding of not more
than eighty (80) percent of the permit fee paid when no work has been
done under a permit issued in accordance with this Code.
3. The Building Official may authorize the refunding of not more
than eighty (80) percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid is
withdrawn or canceled before any plan reviewing is done.
The Building Official shall not authorize the refunding of any fee paid
except upon written application filed by the original permittee not later than
one hundred eighty (180) days after the date of fee payment.
15.04.050 Expiration of permits.
Section 105.5 of Chapter 1 of the 2022 California Building Code is hereby
amended to read as follows:
SECTION 105.5
EXPIRATION OF PERMITS
105.5 Expiration.
Every permit issued by the Building Official under the provisions of this
Code shall expire and become null and void (1) if the building or work
authorized by such permit is not commenced within 12 months after the permit
was issued, unless the permittee has abandoned the work authorized by the
permit, or (2) if the building or work authorized by such permit is not completed
within two calendar years from the issuance date of the permit.
Exception:
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For any project subject to a discretionary permit from the Planning
Commission under Title 17 of the HBMC, the Planning Commission has
authority, and City Council on appeal, to establish as a condition of
approval the building permit expiration date by which construction shall be
completed, based upon the size and complexity of the project. The time
frame provided in the condition of approval for permitted construction
activities shall be inclusive of all permits and phases of the project (i.e.
demolition, excavation, building construction, site improvements, and
approved final inspection for all permits issued for the project).
A. Where work has not commenced within 12 months from the issuance
date of a permit, a renewed permit valid for two years may be obtained upon
payment of a renewal fee equal to ten percent of the original permit fee
provided that (1) no changes have been made or will be required in the
original plans and specifications for such work and (2) the renewed permit is
issued within two years of the original permit issuance date.
B. Where work has commenced and is subsequently suspended or
abandoned for a period exceeding 12 months, a renewed permit valid until
the original expiration date may be obtained upon payment of a renewal fee
equal to ten percent of the original permit fee provided that (1) no changes
have been made or will be required in the original plans and specifications for
such work and (2) the renewed permit is issued within two years of the original
permit issuance date.
C. The Building Official, or the Planning Commission in the case of
discretionary permits, may grant a maximum of two (2) extensions for a period
not exceeding six calendar months each upon written request by the
permittee showing that circumstances beyond the control of the permittee
have prevented completion of the project. A fee of ten percent of the original
permit fee shall be assessed for such renewal.
D. Any permittee holding an active permit and seeking an exception pursuant to subsection (C) may apply in writing for an extension of the time
within which work under that permit may be continued when, for good and
satisfactory reasons, he or she is unable to continue work within the time
required by this Section due to circumstances beyond the control of the
permittee.
E. Any permittee seeking to extend a permit pursuant to the above may
present evidence to City staff that clearly demonstrates that the uncompleted work is less than ten percent of the project. At its sole discretion, should the
City determine that less than ten percent of the project is left to be completed,
the renewal fee or the new permit fee may be reduced to an amount
equivalent to the corresponding lower percentage.
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F. Any application for a renewed permit or a permit extension shall be
reviewed under the Building Codes and Ordinances in effect at the time of
the original permit.
G. If the owner or applicant fails to complete the project within the time
required, the Building Official is authorized to initiate a nuisance abatement
action pursuant to Chapter 8.28 of this Code or undertake any other remedy
permitted by law.
15.04.070 Protection of private property during construction.
Section 3307 of the 2022 California Building Code is hereby amended to
read as follows:
SECTION 3307
PROTECTION OF ADJOINING AND NEARBY PROPERTY AND PERSONS
3307.1 Adjoining and nearby public and private property and persons
making lawful use of such property shall be protected from damage during
construction, remodeling and demolition work. Protection must be provided
for footings, foundations, party walls, chimneys, skylights and roofs. Provisions
shall be made to control water runoff and erosion during construction or
demolition activities. At the outset of construction activities or at the otherwise
earliest time it is feasible in the opinion of the Building Official, a protective
screen shall be erected to the satisfaction of the Building Official between the
construction site and immediately adjoining properties, unless the Building
Official determines that erection of a screen is not feasible or would serve no
practical purpose.
3307.2 The Building Official shall have the authority to stop the
construction work at any time that in his or her opinion said construction work
has caused, is causing, or is about to cause, damage to adjacent or nearby
properties. Said work shall not recommence until the time that the necessary
corrections have been made so that no further damage will occur to the
affected property (unless the Building Official determines that the damage will
be corrected as provided in Section 3307.3) and written approval is obtained
from the Building Official that said work can recommence.
3307.3 If construction work causes damage to adjacent or nearby
properties, the Building Division shall withhold inspections of said work and stop
work until (i) the damage to the affected property is repaired (or repair work
has commenced and is continued to be performed with due diligence until
completed), or (ii) the affected property owner is compensated the cost of repair, or (iii) a documented agreement satisfactory to the Building Official is
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executed to assure repair of the damage at a more appropriate phase of the
construction. If there is a bona fide dispute between the owner of the
damaged property and the party alleged to have caused said damage as to
the cause of the damage, the method or scope of repair or the cost of the
repair, work may resume and inspections provided only if the party performing
the construction work posts a bond with the City in an amount that the Building
Official reasonably determines is sufficient to pay the cost of repair. Where
there exists a bona fide dispute, the issues in contention are a civil matter
beyond the authority of the City to resolve.
3307.4 The bond called for in Section 3307.3 shall be approved as to
form by the City Attorney and held by the City until the dispute is resolved
between the parties or by a court of competent jurisdiction. In the event that
the aggrieved party does not submit proof to the City that an action has in
fact been filed within one (1) year after the issuance of the Certificate of
Occupancy, then the City shall, unless good cause is shown, release the bond.
The City shall provide thirty (30) days’ written notice to the aggrieved party of
its intent to release the bond.
3307.5 Prior to the commencement of any demolition of exterior walls or
roofs, excavation that requires shoring, sandblasting or other exterior
construction activities that require a building permit, the owner or contractor
shall provide written notice to the property owners and occupants located
within one hundred (100) feet of the construction site that construction will
occur, along with a copy of this Section 3307. Said notice shall be provided to
the affected property owners and occupants at least five (5) days prior to any
construction taking place. The notice shall contain the following information:
1. Address where construction will occur;
2. Date(s) and approximate times construction will occur;
3. Name, address, telephone number and state license number of
contractor;
4. Name, address and telephone number of the owner of the property
on which construction is to occur.
If the owner or the contractor fails to provide the required notice, the
Building Official shall have the authority to stop the work until the notice is
provided, in addition to any other remedies provided by this Code.
3307.6 Prior to approval of temporary shoring a geotechnical report shall
be provided certifying that the temporary shoring has been installed
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according to the shoring plan and specifying the time period for the integrity
of the temporary shoring.
15.04.080 Roof covering requirements.
Sections 1504 and 1505 of the 2022 California Building Code are hereby
amended by adding Section 1504.10 and amending Section 1505.1.2 as
follows, respectively:
SECTION 1504.10
1504.10 Roof deck surfaces. Only such sections of a roof which have been approved by the Building Official to be used as deck space may be
covered with materials designed to be "walking" or "decking" materials. All
other portions of the roof shall be covered with traditional roofing materials
such as rolled, gravel, built-up, or composition roofing.
SECTION 1505.1.2
1505.1.2 Class A roofs required. The roof covering on any structure
regulated by this Code shall be a fire-retardant roof covering that is at least
Class A. Any new addition or reroofing of structures may match existing roof
coverings if not exceeding 50% of the roof area of the entire structure,
provided that no more than 50% of existing roof covering is replaced in any
60-month period.
The roof-covering assembly includes the roof deck, underlayment,
interlayment, insulation and covering which is assigned a roof-covering
classification.
15.04.100 Automatic sprinkler systems.
Section 903.2 of the 2022 California Building Code is hereby amended
to amend section 903.2, and add section 903.2.13 to read as follows:
SECTION 903.2
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in Sections
903.2.1 through 903.2.21.
SECTION 903.2.13
903.2.13 Expansion of existing buildings. An automatic sprinkler system is
required in any existing building subject to alteration or expansion if (1) the
expansion exceeds 50 percent of the existing gross floor area; or (2) the cost
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of remodeling, expansion or improvement exceeds 50 percent of the value of
the existing structure as determined by the Building Official.
a. The size or valuation of an existing building shall be deemed to exceed fifty
(50) percent if:
1. The expansion exceeds fifty (50) percent of the existing gross floor area;
or
2. The cost of remodeling, expansion, or improvement exceeds fifty (50)
percent of the value of the existing structure as determined by the
building official.
15.04.130 Assumption of risk for below-grade construction.
Appendix G of the 2022 California Building Code is hereby amended by
adding thereto a new Section G104.11 to read as follows:
G104.11 Waiver required for below grade construction. The building
official shall require execution of a waiver before issuing a permit for
construction of buildings or structures of any occupancy any portion of which
is below street grade and/or does not meet the elevation requirements of
Appendix G.
15.04.140 Pedestrian protection during construction.
Section 3306 of the 2022 California Building Code is hereby amended
by adding thereto a new Section 3306.10 to read as follows:
3306.10 Fencing and Pedestrian Protection. Fencing and pedestrian
protection shall be required at all building and demolition sites as follows:
1. Prior to issuance of a demolition or building permit, a pre-demolition
site inspection shall be performed verifying sewer cap and temporary toilet
location and the capping of electrical, water and gas service to the property.
2. Prior to commencement of work, all new construction or demolition
sites shall install minimum 6-foot high protective chain link fencing with slats or
screening incorporated, or wood fencing consistent with Section 3306 of the
California Building Code, and Table 3306.1 regardless of distance to the
property line. Protective wood canopies shall be installed prior to
commencement of work pursuant to the requirements of Section 3306 and
Table 3306.1 of the CBC.
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3. If scaffolding is used on any construction site, the exterior face of the
scaffolding shall be covered with mesh screen, tarps or other material
sufficient to mitigate dust and debris migration from the site.
4. A Pedestrian Protection Plan shall be approved identifying all areas
of required pedestrian protection for the property, prior to the issuance of
demolition or building permits. The Plan shall indicate all areas of pedestrian
protection or indicate why such protection is not required (e.g., exempt due
to distance of construction to property line). The Pedestrian Protection Plan shall be prepared by a licensed contractor, engineer or owner-builder and
indicate the proposed protection system to be installed and the method of
installation. When conditions make installation of a pedestrian canopy
impractical (e.g., a narrow street or alley) an alternative method may be
shown on the plan such as pedestrian diversion through use of flag persons
and barriers.
5. Any work encroaching into the public right-of-way or involving
pedestrian diversion shall require Public Works Department approval of permits
and pedestrian protection.
6. In addition to the remedies provided in the Building Code, violations
of this Section shall result in revocation or suspension of a building permit
pursuant to the procedures set forth in the Code.
SECTION 1. RESIDENTIAL CODE. Chapter 15.06 of Title 15 of the Hermosa Beach
Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.06
Residential Code 15.06.010 Adoption of California Residential Code.
15.06.020 Board of appeals. 15.06.030 Violations. 15.06.040 Fees. 15.06.045 Work exempt from permit.
15.06.050 Expiration of permits.
15.06.010 Adoption of California Residential Code
Except as hereinafter provided in this chapter, the California Residential
Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations),
including Appendices Q, R, S, and T, is hereby adopted by reference and
made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the residential code of the City of Hermosa Beach. A copy of
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the residential 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean
and refer to the Building/Code Enforcement Official, or the Director of
Community Development of the City of Hermosa Beach, or his or her
designee.
15.06.020 Board of appeals.
Section R112 of Chapter 1 of the 2022 California Residential Code is
hereby amended to read as follows:
SECTION R112
BOARD OF APPEALS
A. General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretation of this Code, there shall be and is hereby created a Board of
Appeals consisting of five (5) members who are qualified by experience and
training to pass upon matters pertaining to building construction and who are
not employees of the jurisdiction. The Building Official shall be an ex officio
member of and shall act as secretary to said Board but shall have no vote
upon any matter before the Board. The Board of Appeals shall be appointed
by the City Council and shall hold office at its pleasure. The Board shall adopt
rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building
Official.
B. Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this Code or the rules legally adopted hereunder have
been incorrectly interpreted, the provisions of this Code do not fully apply or
an equally good or better method of construction is proposed. The Board of
Appeals shall have no authority to waive requirements of this Code.
C. Quorum for meetings. Three (3) members of said Board shall
constitute a quorum. The Board shall elect one of its members to act as
chairman.
Not less than three (3) days prior to a meeting of said Board, written
notice shall be given to each member personally, or by registered mail,
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provided, however, that any meeting of said Board shall be legal for any
purpose if the written consent of all members of said Board to such meeting is
executed and filed in the records of such Board.
Such Board shall have the right, subject to such limits as the Council may
prescribe by resolution, to employ at the cost and expense of said City such
practicing architects, competent builders, attorneys and structural engineers
as said Board in its discretion may deem reasonable and necessary to assist in
its investigation and in making its findings and decisions.
15.06.030 Violations.
Section R113 of Chapter 1 of said code is hereby amended to read as follows:
SECTION R113
VIOLATIONS
R113.1 Unlawful acts. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, extend, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain any building or
structure or cause or permit the same to be done in violation of this Code.
R113.2 Notice of violation. The building official is authorized to serve a
notice of violation or order on the person responsible for the erection,
construction, alteration, extension, repair, moving, removal, demolition or
occupancy of a building or structure in violation of the provisions of this Code,
or in violation of a permit or certificate issued under the provisions of this Code.
Such order shall direct the discontinuance of the illegal action or condition
and the abatement of the violation.
R113.3 Prosecution of violation. If the notice of violation is not complied
with promptly, the building official is authorized to request the legal counsel of
the jurisdiction to institute the appropriate proceeding at law or in equity to
restrain, correct or abate such violation, or to require the removal or
termination of the unlawful occupancy of the building or structure in violation
of the provisions of this Code or of the order or direction made pursuant
thereto.
R113.4 Violation penalties. Any person who violates a provision of this
Code or fails to comply with any of the requirements thereof or who erects,
constructs, alters or repairs a building or structure in violation of the approved
construction documents or directive of the building official, or of a permit or
certificate issued under the provisions of this Code, shall be subject to penalties
as prescribed by law.
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R113.5 Violation a misdemeanor. Any person violating any of the
provisions of this Chapter or said Building Code shall be deemed guilty of a
misdemeanor and shall be punishable as set out in Section 1.04.020 of this
Code.
15.06.040 Fees.
Section R108 of said residential code is hereby amended to read as
follows:
R108A General. Fees shall be assessed in accordance with the provisions
of this Section.
R108B Permit fees. The fee for each permit shall be as set forth in the
latest resolution adopted by the City Council. The determination of value or
valuation under any of the provisions of this Code shall be made by the
Building Official. The value to be used in computing the building permit and
building plan review fees shall be the total value of all construction work for
which the permit is issued, as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire-extinguishing systems and
other permanent equipment. Where work for which a permit is required by this
Code is started or proceeded with prior to obtaining said permit, the fees
above specified shall be quadrupled, but the payment of such quadrupled
fee shall not relieve any persons from fully complying with the requirements of
this Code in the execution of the work nor from any other penalties prescribed
herein.
R108C Plan review fees. When a plan or other data are required to be
submitted by this Code, a plan review fee shall be paid at the time of
submitting plans and specifications for review. Said plan review fee shall be
eighty (80) percent of the building permit fee.
The plan review fees specified in this Subsection are separate fees from
the permit fees specified in R108B and are in addition to the permit fees.
Where plans are incomplete or changed or involve deferred submittals
so as to require additional plan review, an additional plan review fee shall be
charged at the rate indicated in the executive order.
R108D Expiration of plan review. Applications for which no permit is
issued within one hundred eighty (180) days following the date of application
shall expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the Building Official.
The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the
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applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. No application shall be extended
more than once. In order to renew action on an application after expiration,
the applicant shall resubmit plans and pay a new plan review fee.
R108E Fee refunds.
1. The Building Official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under
a permit issued in accordance with this Code.
3. The Building Official may authorize the refunding of not more than
eighty (80) percent of the plan review fee paid when an application for a
permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done.
The Building Official shall not authorize the refunding of any fee paid
except upon written application filed by the original permittee not later than
one hundred eighty (180) days after the date of fee payment.
15.06.045 Work exempt from permit.
Section R105.2, of the 2022 California Residential Code is hereby
amended by adding the following subparagraph to “Building (1)”:
1.1 Notwithstanding paragraph (1), a permit is required to construct the
following:
A. A free-standing shed. Storage area is limited to a six (6) foot ceiling
height, one (1) two-gang 110v outlet and one (1) bare light bulb
fixture for every 500 square feet, and no plumbing or
heating/cooling devices are permitted.
B. A storage room. "Storage room" means an attached room, with
or without a separate entrance, for the storage of goods
customarily associated with the use. Such room shall not contain
any plumbing or natural gas outlets, but may contain one (1)
overhead or wall mounted light and one (1) two-gang 110v outlet
for every 500 square feet. Such room shall not be used as an
office, den, rumpus rooms, or for any habitation of any kind.
C. A utility room. "Utility room" means an attached or detached
structure or space designed and used solely for one or more
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systems and appliances to support the functioning of the dwelling
unit, such as heating, ventilation, air conditioning, water filtration,
laundry, or utility or laundry sink. Plumbing fixtures shall be limited
to those to support the functioning of the dwelling unit, such as
gas connections to heating appliances or dryers, water heater or
washing machine supply.
15.06.050 Expiration of permits.
Section R105.5 of the 2022 California Residential Code is hereby
amended to read as follows:
R105.5 Expiration.
Every permit issued by the Building Official under the provisions of this
Code shall expire and become null and void (1) if the building or work
authorized by such permit is not commenced within 12 months after the permit
was issued, unless the permittee has abandoned the work authorized by the
permit, or (2) if the building or work authorized by such permit is not completed
within two calendar years from the issuance date of the permit. Before such
work can be recommenced, a new permit or a renewed permit as specified
below shall be first obtained. No permit shall be renewed more than once.
A. Where work has not commenced within 12 months from the issuance
date of a permit, a renewed permit valid for two years may be obtained upon
payment of a renewal fee equal to ten percent of the original permit fee
provided that (1) no changes have been made or will be required in the
original plans and specifications for such work and (2) the renewed permit is
issued within two years of the original permit issuance date.
B. Where work has commenced and is subsequently suspended or
abandoned for a period exceeding 12 months , a renewed permit valid until
the original expiration date may be obtained upon payment of a renewal fee
equal to ten percent of the original permit fee provided that (1) No changes have been made or will be required in the original plans and specifications for
such work and (2) the renewed permit is issued within two years of the original
permit issuance date, provided, however, that a renewed permit may be
issued despite the passage of two years if construction has progressed and
has been approved to the point where only a final inspection is required.
C. Where a project is not commenced or completed on the two year
anniversary of the permit issuance date a new permit is required. The applicant shall pay a fee for the new permit based on the valuation of the
uncompleted work required for a plan check and a new permit and plans will
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be reviewed under the Codes and Ordinances in effect at the time the new
applications are submitted.
D. Any permittee holding an active permit may apply in writing for an
extension of the time within which work under that permit may be continued
when, for good and satisfactory reasons, he or she is unable to continue work
within the time required by this Section due to circumstances beyond the
control of the permittee. The Building Official may extend the time for action
by the permittee for a period not exceeding six calendar months. No permit
shall be extended more than twice.
E. If the owner or applicant fails to complete the project within the time
required, the Building Official is authorized to obtain the demolition and
removal of incomplete work on the property.
SECTION 2. MECHANICAL CODE. Chapter 15.12 of Title 15 of the Hermosa Beach
Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.12 Mechanical Code
15.12.010 Adoption of mechanical code. 15.12.020 Board of appeals. 15.12.030 Mechanical permit fees.
15.12.040 Violations.
15.12.010 Adoption of Mechanical Code.
Except as hereinafter provided in this chapter, the California
Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of
Regulations), is hereby adopted by reference and made a part of this chapter
as though set forth herein in full. Said code shall comprise the mechanical
code of the City of Hermosa Beach. A copy of the mechanical 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean
and refer to the Building/Code Enforcement Official or the Director of
Community Development of the City of Hermosa Beach, or his or her
designee.
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15.12.020 Board of appeals.
Section 107.0 of Chapter 1 of the 2022 California Mechanical Code is
hereby amended to read as follows:
SECTION 107.0
General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretation of this Code, there shall be and is hereby created a Board of
Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to mechanical design, construction and
maintenance and public health aspects of mechanical systems and who are
not employees of the jurisdiction. Said Board shall be the same Board of
Appeals specified in Section 1.8.8 of the Building Code as amended by
Section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as
secretary to said Board but shall have no vote upon any matter before the
Board. The Board of Appeals shall be appointed by the City Council and shall
hold office at its pleasure. The Board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing to
the appellant, with a duplicate copy to the Building Official.
Limitations of authority. The jurisdiction of the Board of Appeals shall be
limited to claims that this Code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this Code do not fully apply or
an equally good or better method of construction is proposed. The Board of
Appeals shall have no authority to waive requirements of this Code.
Quorum for meetings. Three (3) members of said Board shall constitute
a quorum. The Board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said Board, written
notice shall be given to each member personally, or by registered mail,
provided, however, that any meeting of said Board shall be legal for any
purpose if the written consent of all members of said Board to such meeting is
executed and filed in the records of such Board.
Such Board shall have the right, subject to such limits as the City Council
may prescribe by resolution, to employ at the cost and expense of the City,
such practicing architects, competent builders, attorneys and structural
engineers as said Board in its discretion may deem reasonable and necessary
to assist in its investigation and in making its findings and decisions.
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15.12.030 Mechanical permit fees.
Section 104.5 of the 2022 California Mechanical Code is hereby
amended to read as follows:
SECTION 104.5
A. Permit fees. The fee for each permit shall be as set forth in the latest
resolution adopted by the City Council.
B. Plan review fees. When a plan or other data are required to be
submitted pursuant to Section, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be
equal to eighty (80) per cent of the mechanical permit fee.
15.12.040 Violations.
Any person violating any of the provisions of this chapter or the current
adopted mechanical code shall be deemed guilty of a misdemeanor and
shall be punishable as set forth in Section 1.04.020.
SECTION 3. PLUMBING CODE. Chapter 15.16 of Title 15 of the Hermosa Beach
Municipal Code are hereby amended to read as follows:
“Chapter 15.16 Plumbing Code
15.16.010 Adoption of plumbing code.
15.16.020 Plumbing permit fees. 15.16.030 Board of appeals. 15.16.050 Reserved. 15.16.060 Drainage piping.
15.16.070 Retrofitting existing commercial kitchens with grease recovery systems. 15.16.080 Maintenance and annual inspection of grease recovery
systems in commercial kitchens. 15.16.090 Violations.
15.16.010 Adoption of plumbing code.
Except as hereinafter provided in this chapter, the California Plumbing
Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations)
including Appendices A, D, H, and I, is hereby adopted by reference and
made a part of this chapter as though set forth herein in full. Said code shall
comprise the plumbing code of the City of Hermosa Beach. A copy of the
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plumbing 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
Whenever the term "administrative authority" or "building official"
appears in said code, it shall mean and refer to the Building/Code
Enforcement Official or the Director of Community Development of the City of
Hermosa Beach or his or her designee.
15.16.020 Plumbing permit fees.
Section 104.5 of Chapter 1 of the 2022 California Plumbing Code is
hereby amended to read as follows:
SECTION 104.5
A. Permit fees. The fee for each permit shall be as set forth in the latest
resolution adopted by the City Council.
B. Plan review fees. When a plan or other data are required to be
submitted pursuant to this Code, a plan review fee shall be paid at the time
of submitting plans and specifications for review. Said plan review fee shall be
equal to eighty (80) percent of the mechanical permit fee.
15.16.030 Board of appeals.
Section 107.0 of Chapter 1 of the 2022 California Plumbing Code is
hereby amended to read as follows:
SECTION 107.0
BOARD OF APPEALS
A. General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretations of this Code, there shall be and is hereby created a Board of
Appeals consisting of members who are qualified by experience and training
to pass upon matters pertaining to plumbing design, construction and
maintenance and public health aspects of plumbing systems and who are not
employees of the jurisdiction. Said Board shall be the same Board of Appeals
specified in Section 1.8.8 of the Building Code as amended by Section
15.04.020 of this Code.
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The Building Official shall be an ex officio member and shall act as
secretary to said Board but shall have no vote upon any matter before the
Board. The Board of Appeals shall be appointed by the governing body and
shall hold office at its pleasure. The Board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing to
the appellant, with a duplicate copy to the Building Official.
B. Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully
apply or an equally good or better method of construction is proposed. The
Board of Appeals shall have no authority to waive requirements of this Code.
C. Quorum for meetings. Three (3) members of said Board shall
constitute a quorum. The Board shall elect one of its members to act as
chairman.
Not less than three (3) days prior to a meeting of said Board, written
notice shall be given to each member personally, or by registered mail,
provided, however, that any meeting of said Board shall be legal for any
purpose if the written consent of all members of said Board to such meeting is
executed and filed in the records of such Board.
Such Board shall have the right, subject to such limits as the City Council
may prescribe by resolution, to employ at the cost and expense of the City,
such practicing architects, competent builders, attorneys and structural
engineers as said Board in its discretion may deem reasonable and necessary
to assist in its investigation and in making its findings and decisions.
15.16.060. Drainage piping.
Section 701.2(2)(a) of the 2022 California Plumbing Code is hereby
amended to read as follows:
701.2(2)(a)
ABS and PVC installations are limited to no more than two stories of
areas of residential accommodation, provided that the installations meet the
following requirements:
1. The installation shall be enclosed in one-hour fire rated assemblies. Such
assembly shall either be comprised of heavy lumber (4x minimum), or
fire-resistant drywall.
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2. Where the installation passes through either a story or a fire rated
assembly, a penetration firestop system shall be installed at such
penetration, in accordance with section 302.4.1.2 of the 2022 California
Residential Code.
15.16.070 Retrofitting existing commercial kitchens with grease recovery
systems.
Section 1014.1.1.1 is hereby added to Chapter 10 of the 2022 California
Plumbing Code to read as follows:
1014.1.1.1 For the purposes of Section 1014.1.3, the following terms shall
have the following meanings:
Affected establishment means all commercial and institutional food
preparation and food service facilities which discharge wastewater or
materials containing fat, oil or grease, whether emulsified or not, or containing
substances which may solidify or become viscous at temperatures between 0
and 65 degrees Celsius (32-150 degrees F) at an access in nearest proximity to
the point of discharge into the wastewater treatment system, generally
including but not limited to restaurants, bakeries, assisted living facilities,
convalescent homes, butcher shops, cafes, delicatessens, ice cream parlors,
hotels, and grocery stores.
Whenever an affected establishment, as defined above, changes use,
or applies for a building, plumbing, electric, mechanical or any other permit
issued by the City, that establishment may be required to submit a grease
recovery analysis showing existing grease control devices. (Said analysis to
consist of complete plumbing and mechanical schematics for the
establishment.) Upon review of the analysis by the City or its agent(s), the
establishment shall be required to upgrade or improve on its grease recovery
system as deemed appropriate by the review. Said upgrades and
improvements may include but are not limited to; in-ground interception
tanks, improved roof top grease venting systems and absorbent padding and
interior fry grease recovery systems.
Grease shall mean grease, or fatty or oily substances and other insoluble
waste that turns or may turn viscous or solidifies with a change in temperature
or other conditions.
Grease removal system means any system that meets the requirements
of this Code and functions to remove grease from drain water prior to its entry
into the public sewer system.
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Notwithstanding the provisions of Section 15.16.010, Section 1014.1.1.2 is
hereby added to Chapter 10 of said Plumbing Code to read as follows:
104.1.1.2 The retrofit installation of an approved grease recovery system
shall be required for all affected establishments. The affected establishment
shall have the option to install any of the required grease recovery systems
separately or in combination as prescribed in Chapter 10. Plans or
specifications prepared by a licensed professional engineer or a licensed
plumbing contractor, where required, and the manufacturer’s installation and maintenance instructions shall be submitted to the Community Development
Department (CDD) for approval prior to installation. Any approvals and
permits required for work in the public right-of-way shall be obtained from the
Public Works Department.
15.16.080 Maintenance and annual inspection of grease recovery systems in commercial kitchens.
Section 1014.1.4 is hereby added to Chapter 10 of the 2022 California
Plumbing Code to read as follows:
1014.1.4
Maintenance and monitoring. It is the responsibility of the owner or
operator of every establishment required to have a grease removal system to
maintain the system in a sanitary, safe, and efficient operating condition so as
to prevent grease from flowing into the sewer system. A grease removal system
shall not be considered properly maintained if for any reason it is not in good
working condition or if sediment and/or grease accumulations total more than
25 percent of the operative fluid capacity. It is the owner or operator’s
responsibility to provide for removal of the accumulated grease and other
waste contained in the system. Grease removed from such a system shall not
be disposed of in the sanitary or the storm sewer.
Inspection. All owners/operators of establishments with grease recovery
systems shall keep maintenance records and haulers manifests and shall allow
City inspection of grease removal systems from time to time during normal
business hours. Grease removal systems shall be readily accessible for
inspection as per Section 203.0. All applicable records shall be available to the
Building Official or his or her representative upon request. An annual inspection
fee in an amount set forth in the City’s Master Schedule of Service Charges
and Fees shall be paid by the owner/operator at the time of business license
renewal.
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15.16.090 Violations.
Any person violating any of the provisions of this chapter or the current
adopted plumbing code shall be deemed guilty of a misdemeanor and shall
be punishable as set forth in Section 1.04.020.”
SECTION 4. EXISTING BUILDING CODE. Chapter 15.28 of Title 15 of the Hermosa
Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.28 Existing Buildings
15.28.010 Adoption of existing building code.
Except as hereinafter provided, the California Existing Building Code,
2022 Edition (Part 10 of Title 24 of the California Code of Regulations) is hereby
adopted by reference and made a part of this chapter as though set forth in
this Chapter in full. Said Code shall comprise the Existing Building Code of the
City of Hermosa Beach. A copy of said 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean
and refer to the Director of Community Development of the City of Hermosa
Beach or his or her designee.”
SECTION 5. ELECTRICAL CODE. Chapter 15.32 of Title 15 of the Hermosa Beach
Municipal Code is hereby amended to read as follows:
“Chapter 15.32 Electrical Code
15.32.010 Adoption of electrical code.
15.32.020 Fees. 15.32.030 Underground service conductors - Installation. 15.32.040 Temporary installations.
15.32.010 Adoption of electrical code.
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Except as provided in this chapter and elsewhere in this title, the
California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code
of Regulations (including no Appendices) is hereby adopted by reference and
made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the electrical code of the City of Hermosa Beach. A copy of
the electrical 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean
and refer to the Building/Code Enforcement Official or to the Director of
Community Development of the City of Hermosa Beach, or his or her
designee.”
15.32.020 Fees.
Section 89.108.4.2 of the 2022 California Electrical Code is hereby
amended to read as follows:
89.108.4.2 The fee for each permit shall be as set forth in the latest
resolution adopted by the City Council. When a plan or other data are
required to be submitted pursuant to this Code, a plan review fee shall be paid
at the time of submitting plans and specifications for review. Said plan review
fee shall be equal to eighty (80) percent of the mechanical permit fee.
For purposes of determining fees only, the following definitions shall
apply:
A. New general use branch circuits.
1. The fees prescribed apply to new branch circuit wiring and the
lighting fixtures, switches, receptacles, appliances or other utilization
equipment permitted to be supplied by these branch circuits.
2. For the purposes of this Subsection, each ungrounded conductor of
a multi-wire branch circuit supplying one appliance may be counted as one
circuit.
3. For the purposes of this Subsection, three-phase lighting branch
circuits are counted as two (2) branch circuits.
B. Adding outlets (to existing branch circuits) or temporary lights and yard
lighting.
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1. Each outlet added to an existing branch circuit shall be counted as
one unit and each lighting fixture connected thereto shall be counted as an
additional unit except as modified in the following provisions of this Subsection.
2. An outlet shall mean a point or place on a fixed-wiring installation from
which electric current is controlled, or is supplied to a lamp, lighting fixture, fan,
clock, heater, range, motor, or other electrical. appliance or equipment.
3. An outlet box for two (2) or more switches or receptacles shall be
considered as one unit.
C. Motors, transformers, heating appliances and miscellaneous equipment
or appliances.
1. The fees prescribed cover the inspection of the supply branch circuit
and the utilization equipment supplied therefrom and the control equipment
therefor.
2. Except where supplied by branch circuits rated over fifty (50)
amperes, the fees required apply only to non-dwelling occupancies. The fee
for each motor, transformer, heating appliance, welder, rectifier, x-ray
machine, storage battery system, infrared industrial heating appliance,
cooking or baking equipment, studio effects lighting, and other miscellaneous
equipment or appliances shall be given in the rating table of the resolution
order.
3. Where fixed equipment is supplied by flexible cords to facilitate
servicing or replacement, those fees shall also apply to each receptacle outlet
installed for the supply of portable equipment rated larger than three (3) H.P.,
K.W., or K.V.A.
4. For any equipment or appliance containing more than one motor, or
other current consuming utilization components in addition to the motor or
motors, the combined electrical ratings converted to K.V.A. of all shall be used
to determine the fee. For the purpose of this subsection, one H.P. or one K.W.
is equivalent to one K.V.A. The total ampere ratings of all receptacles installed
on a factory fabricated wireway assembly for studio effects lighting may be
used in computing the fees therefor.
5. The fees for a change of location or replacement of equipment on
the same premises shall be the same as that for a new installation. However,
no fees shall be required for moving any temporary construction motor from
one place to another on the same site during the time of actual construction
work after a permit has once been obtained for such motor and the fees
required therefor have been paid.
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D. Required fire warning, communications and emergency control systems.
For the purposes of this Subsection, devices shall include all signaling
equipment, stations, power equipment such as damper actuators or door
holding device, and communication jacks or outlets.
E. Service and switchboard sections.
1. Fees shall be required for the installation, reinstallation, replacement
or alteration of each service and each switchboard section.
2. For the purpose of this Subsection, a switchboard section means any portion of complete switchboard, distribution board, or motor control center
which is prevented by the structural framework from being separated into
smaller units.
3. The fees for services shall be determined from the ampacity of the set
of service entrance conductors or the total ampere rating of the service
equipment.
4. No fee need be paid for switchboard section which incorporates
service equipment for which service fees were paid.
15.32.030 Underground service conductors – Installation.
Section 230.30 of the 2022 California Electrical Code is hereby amended
to add the following paragraphs:
(C) Underground service laterals required for new construction.
All new buildings and structures in the City shall provide underground
electrical and communications service laterals on the premises to be served
as hereinafter required. This provision shall not apply to utility lines that do not
provide service in the area being developed.
(D) Underground utilities for new buildings.
All electrical, telephone, community antenna television system (CATV),
and similar service wires or cables which provide direct service to new
buildings and structures shall be installed underground in compliance with all
applicable building and electrical codes, safety regulations and orders, and
the rules of the Public Utilities Commission of the State of California.
(E) Underground utilities for existing buildings.
Existing overhead wires and/or new utility service shall be placed
underground when one or more new dwelling units are created in an existing
building and one or both of the following apply:
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1. The expansion exceeds fifty (50) percent of the existing gross floor
area; or
2. The cost of remodeling, expansion or improvement exceeds fifty (50)
percent of the value of the existing structure as determined by the building
official.
Exception: Undergrounding shall not be required if Southern California
Edison deems in writing that such underground installation is infeasible based
upon its service requirements or to the unavailability of necessary easements.
(F) Responsibility for compliance.
The developer and owner are jointly and severally responsible for
complying with the requirements of this chapter and shall make the necessary
arrangements with the utility companies for the installation of such facilities.
(G) Existing underground areas.
On streets where electrical and communications lines have been
placed underground or where no overhead lines presently exist on or before
July 1, 1977, said lines shall remain permanently underground and no
additional electric or communications service facilities shall be added on said
streets unless they are placed underground.
15.32.040 Temporary installations.
Section 590.3(A) of the 2022 California Electrical Code is hereby
amended to add the following subparagraph:
(1) Temporary power pole required on construction sites.
All construction sites for which temporary power must be supplied
because there is no electrical service shall provide a temporary power pole
prior to issuance of a building permit. Said power pole shall remain installed
until the project has received final approval and electrical service has
commenced. Generators are prohibited as a substitute for a temporary power
pole.”
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SECTION 6. GREEN BUILDING STANDARDS ADOPTION. Chapter 15.48 of Title 15 of
the Hermosa Beach Municipal Code is hereby amended in its entirety to read as
follows:
“Chapter 15.48 Green Building Standards
15.48.010 Adoption of CALGreen code.
Except as provided in this chapter and elsewhere in this title, the
California Green Building Standards Code (referred to herein as "CALGreen"), 2022 Edition (Part 11 of Title 24 of the California Code of Regulations) is hereby
adopted by reference and made a part of this chapter as though set forth in
this chapter in full. A copy of the CALGreen 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean
and refer to the Building/Code Enforcement Official or Director of Community
Development of the City of Hermosa Beach or his or her designee.”
SECTION 7. ENERGY CODE ADOPTION. Chapter 15.52 of Title 15 of the Hermosa
Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.52 Energy Code
15.52.010 Adoption of energy code.
Except as provided in this chapter and elsewhere in this title, the
California Energy Code, 2022 Edition (Part 6 of Title 24 of the California Code
of Regulations), including all appendices, is hereby adopted by reference and
made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the energy code of the City of Hermosa Beach. A copy of the
energy 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.
Whenever the word "jurisdiction" appears in said code, it shall mean and
refer to the City of Hermosa Beach.
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Whenever the term "building official" appears in said code, it shall mean
and refer to the Director of Community Development of the City of Hermosa
Beach or his or her designee.”
SECTION 8. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTION. Chapter
15.56 of Title 15 of the Hermosa Beach Municipal Code is hereby added to read as
follows:
“Chapter 15.56 Property Maintenance Code
15.56.010 Adoption of International Property Maintenance Code.
The International Property Maintenance Code, 2021 Edition, is hereby
adopted by reference in its entirety by the City, as amended herein, except
that for purposes of citation, said code shall be renumbered by adding “15.56”
before the sections of the International Property Maintenance Code.”
Section 12. Filing. The City Clerk shall file a certified copy of this
Ordinance with the California Building Standards Commission pursuant to
section 17958.7 of the California Health and Safety Code.
Section 13. CEQA. The City Council finds that the adoption of the
California Buildings Standards Code and local amendments thereof is exempt
from the California Environmental Quality Act (“CEQA”) under CEQA
Guideline section 15061(b)(3) (the common sense exemption). The action is
largely administrative in nature and designed to improve and not degrade
environmental quality such that there is no possibility that adopting this
Ordinance would adversely affect the environment in any manner that could
be significant.
Section 14. Severability. If any provision of this Ordinance is declared to
be invalid by a court of competent jurisdiction, it shall not affect any remaining
provision hereof. The City Council of the City of Hermosa Beach hereby
declares that it would have adopted this Ordinance despite any partial
invalidity of its provisions.
Section 15. Effective Date. This Ordinance shall take effect on January
1, 2023, consistent with section 18941.5 of the California Health and Safety
Code, which is to be no less than thirty (30) days after its final passage and
adoption, consistent with California Government Code section 36937.
Section 16. Certification. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City’s book of
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original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption
of this Ordinance, cause it to be published or posted in accordance with
California law.
PASSED, APPROVED and ADOPTED this 29th day of November, 2022.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, Armato,
and Massey. NOES: None ABSTAIN: None ABSENT: None
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
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State of California ) County of Los Angeles ) ss
City of Hermosa Beach )
January 19, 2023, 2022 Certification of Council Action ORDINANCE NO. 22-1455
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS,
TITLE 24), INCLUDING THE 2022 CALIFORNIA BUILDING CODE; THE 2022
CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL
CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022
CALIFORNIA PLUMBING CODE; THE 2022 ENERGY CODE; THE 2022
CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE; THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE; MAKING AMENDMENTS TO SAID CODES; AND
FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 22-1455 was duly
approved and adopted by the City Council of said City at its adjourned meeting
thereof held via hybrid on the 29th day of November 2022 and passed by the
following vote:
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell,
Armato, and Massey. NOES: None
ABSTAIN: None ABSENT: None
________________________________
Myra Maravilla, MPA, CMC City Clerk
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Exhibit A
Findings to Support Local Amendments to the 2022 Edition of the California Building Standards Code and Related Codes
Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and 18941.5, this Exhibit A to Ordinance No. 22-1455 of the City of Hermosa Beach sets forth the City Council’s express findings and determinations justifying the City’s local amendments to the 2022 Edition of the California Building Standards Code as reasonably necessary because of local climatic, geologic, and/or topographic conditions.
Chapter 15.04 Amendments to California Building Code (CBC)
Municipal Code Section CBC Section Added or Amended
Substance of Amendment
(full text in Ordinance No. 22-1455)
Justification (see key below)
Sec.
15.04.020
113 Adds local procedures for the Building Board of Appeals. A
Sec.
15.04.030
114 Adds local procedures for prosecuting code violations. A
Sec.
15.04.040
109 Creates fees for permits and plan review. A
Sec.
15.04.050
105.5 Provides for the expiration of permits consistent with state law (AB 2913).
A
Sec.
15.04.070
3307 Adds processes for protecting
adjoining property during construction, including requirements for posting a bond to cover damage claims and notice requirements.
B (ii)
Sec.
15.04.080
1504 Adds §1504.10, “Roof deck surfaces.” Prohibits use "walking" or "decking" materials as roof coverings unless approved by Building Official.
B (ii)
1505 Adds § 1505.1.2, “Class A roofs required.” Requires Class A fire rated roof coverings on all structures regulated by the Code.
B (ii)
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Sec. 15.04.100 903.2 Amends § 903.2 to require automatic sprinkler systems in locations described in Sections 903.2.1 through 903.2.21.
B (ii)
Adds § 903.2.13 to require sprinklers when existing buildings are subject to alteration or expansion as specified.
B (ii)
Sec.
15.04.130
Appx. G Adds § G104.11 to require waiver of liability claims against City from owners constructing occupancies below specified elevation requirements.
A
Sec. 15.04.140 3306 Adds § 3306.10 detailing requirements for fencing during construction to increase
protections for pedestrians.
B (ii)
Sec. 15.04.010 Appx. F Adopts by reference Appx. F standards for rodent-proofing buildings.
B (ii)
Sec. 15.04.010 Appx. G Adopts by reference Appx. G standards for flood-resistant construction.
B (iii)
Sec. 15.04.010 Appx. J Adopts by reference Appx. J standards for grading. Adopted by HCD; A
Chapter 15.06 Amendments to California Residential Code (CRC)
Municipal Code Section CRC Section Added or Amended
Substance of Amendment
(full text in Ordinance No. 22-1455)
Justification (see key below)
Sec.
15.06.020
R112 Adds local procedures for the Board of Appeals. A
Sec.
15.06.030
R113 Adds local procedures for prosecuting code violations. A
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Sec.
15.06.040
R108 Creates fees and process for fee refunds. A
Sec.
15.06.045
R105.2 Provides that a permit is required to construct a shed, storage room, and a utility room.
B (ii)
Sec. 15.06.050 R105.5 Provides for the expiration of permits consistent with state law (AB 2913).
A
Sec. 15.06.010 Appx. Q Adopts by reference Appx. Q standards for Tiny Houses.
B (ii)
Sec. 15.06.010 Appx. R Adopts by reference Appx. R standards for light straw-clay construction.
B (ii)
Sec. 15.06.010 Appx. S Adopts by reference Appx. S standards for strawbale construction.
Adopted by HCD,
A, B (ii)
Sec. 15.06.010 Appx. T Adopts by reference Appx. T standards for Solar- Ready Provisions for Detached One-and Two-Family Dwellings and Townhouses.
B (ii)
Chapter 15.12 Amendments to California Mechanical Code (CMC)
Municipal Code Section CMC Section Added or Amended
Substance of Amendment
(full text in Ordinance No. 1455)
Justification (see key below)
Sec.
15.12.020
107.0 Establishes and sets local procedures for the Board of Appeals.
A
Sec.
15.12.030
104.5 Creates fees for permits and plan review. A
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Chapter 15.16 Amendments to California Plumbing Code (CPC)
Municipal Code Section CPC Section Added or Amended
Substance of Amendment
(full text in Ordinance No. 1455)
Justification (see key below)
Sec.
15.16.020
104.5 Creates fees for permits and plan review. A
Sec.
15.16.030
107.0 Establishes and sets local procedures for the Board of Appeals.
A
Sec.
15.16.050
419.0 Requires the installation of garbage disposals in all new and remodeled residential buildings.
B (iv)
Sec. 15.16.060 701.2(2)(a) Allows plastic vents and drains in up to three stories of residential units.
B (i)
Sec. 15.16.070 1014.1.1.1 Requires the installation of grease recovery systems in all
commercial and institutional food facilities.
B (iv)
Sec. 15.16.080 1014.1.4 Requires the maintenance of grease recovery systems in commercial kitchens and the keeping of maintenance records.
B (iv)
Sec. 15.16.010 Appx. A Adopts by reference Appx. A Recommended Rules for Sizing the Water Supply System.
Adopted by HCD, A
Sec.
15.16.010
Appx. D Adopts by reference Appx. D Sizing Storm Water Drainage Systems.
Adopted by HCD, A
Sec.
15.16.010
Appx. H Adopts by reference Appx. H standards for Private Sewage Disposal Systems.
Adopted by HCD, A
Sec.
15.16.010
Appx. I Adopts by reference Appx. I regarding installation of PEX Tubing Systems.
Adopted by HCD, A
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Chapter 15.32 Amendments to California Electrical Code (CEC)
Municipal Code CEC Section Substance of Amendment Justification
Section Added or Amended (full text in Ordinance No. 1455) (see key below)
Sec. 15.32.020 89.108.4.2 Establishes permit fees. A
Sec. 15.32.030 230.30 Adds subparagraphs (C), (D), (E) requiring undergrounding of service laterals for new construction and of utilities for new and existing buildings.
B(ii)
Adds subparagraph (F) to impose joint and several liability on developer and property owner for compliance.
A
Adds subparagraph (G) to impose moratorium on overhead utility lines in specified areas.
B(ii)
Sec. 15.32.040 590.3(A) Adds subparagraph (A)(1) to provide that generators are prohibited as a substitute for temporary power poles at construction sites.
B(ii)
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Justifications KEY:
A – This is an administrative amendment, which does not modify a building standard as defined in California Health & Safety Code section 18909. The amendment establishes administrative procedures for the effective enforcement of the building standards in the City of Hermosa Beach.
B – This amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions:
i. Local soil and air conditions (salt laden sand and sea mist) tend to be highly corrosive, thereby diminishing the integrity of metal components such as cast iron pipes and vents in a shorter time span than in other areas.
ii. The City of Hermosa Beach is one of the most densely populated cities in southern California. Homes and other buildings are often six feet or less from one another making fire spread more likely, and enhancing the likelihood of rodents to migrate from one to another. Further, the overhead clutter of utility lines reduces the aesthetic quality of the City. iii. Hermosa Beach is located directly adjacent to the Pacific Ocean and is subject to storm surge, tsunami impact and high ground water near the coast.
iv. Hermosa Beach has an aging sewer system, portions of which are more than eighty years old. This amendment assists in reducing blockage of the system.
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