Note: Prior code history: Ord. No. 1945CCS § 2,
adopted 6/8/99; Ord. No. 2043CCS §§ 3, 5 and 6, adopted
5/14/02.
(a)
Purpose. The purpose of this Chapter is to establish the minimum
requirements necessary to safeguard the public health, safety and
general welfare through the administration and enforcement of the
California Building Standards Code as adopted by this jurisdiction
and codified in Article VIII of the Municipal Code.
(b)
Scope. The provisions of this Chapter shall apply to the construction,
alteration, moving, demolition, repair, site preparation, use, maintenance
and occupancy of buildings, structures and building service equipment,
and shall serve as the administrative, organizational and enforcement
rules and regulations for the applicable codes and standards.
(c)
Conflicting Provisions. When conflicting provisions or requirements
occur between this Chapter and other codes, standards, or laws, the
most restrictive provisions shall govern. When there is a conflict
between a general requirement and a specific requirement, the specific
requirement shall be applicable. When conflicts occur between specific
provisions of this Chapter and administrative provisions of applicable
State codes and other standards, the specific provisions of this Chapter
shall prevail.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2328CCS § 1, adopted 11/9/10; Ord. No. 2527CCS § 2,
adopted 11/22/16; Ord.
No. 2623CCS § 3, adopted 10/22/19; Ord. No. 2727CCS § 3,
adopted 10/25/22)
For the purpose of this Chapter, certain terms, phrases, words
and their derivatives shall be construed as specified in this Section.
Where a term, phrase or word does not appear in this Chapter but appears
in the California Building Standards Code, the definition in the California
Building Standards Code shall be applicable. Where terms are not defined,
they shall have their ordinarily accepted meanings within the context
with which they are used.
is a change or modification in construction or building service
equipment.
as to materials, types of construction, equipment and systems,
refers to approval by the Building Officer as the result of investigation
and tests conducted by the Building Officer, or by reason of accepted
principles or tests by recognized authorities, technical or scientific
organizations.
is the Building Code of the City of Santa Monica.
is a building for which a legal building permit has been
issued.
is the Building Officer of the City of Santa Monica appointed
pursuant to Article VII of the City Charter, or his or her regularly
authorized deputy.
is the plumbing, mechanical, electrical, elevator equipment
or other services that are essential to the occupancy of a building
or structure for its designated use.
are the Santa Monica Municipal Code, unless otherwise noted.
is the Electrical Code of the City of Santa Monica.
is the Energy Code of the City of Santa Monica.
is the Existing Building Code of the City of Santa Monica.
is the Green Building Standards Code of the City of Santa
Monica.
as used in this Code, is the City of Santa Monica.
are terms referring to equipment and materials included in
a list published by an approved testing laboratory, inspection agency,
or other organization concerned with product evaluation that maintains
periodic inspection of current productions of listed equipment or
materials. The published list shall state that the material or equipment
complies with approved nationally recognized codes, standards or tests
and has been tested or evaluated and found suitable for use in a specified
manner.
is the Mechanical Code of the City of Santa Monica.
is the purpose for which a building, or part thereof, is
used or intended to be used.
is any person, agent, firm or corporation having a legal
or equitable interest in the property.
is the Plumbing Code of the City of Santa Monica.
is the Residential Code of the City of Santa Monica.
is that which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner.
is the estimated fair market value of the cost of all construction
work for which the permit is issued as determined by the Building
Officer. To determine the valuation, the Building Officer may use
the most current building valuation table published by the International
Code Council, the mean of three responsible bids from properly licensed
contractors or any other commonly accepted method to estimate construction
costs.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2328CCS § 2, adopted 11/9/10; Ord. No. 2445CCS § 2,
adopted 11/12/13; Ord.
No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
General. The Building Officer is hereby authorized and directed
to enforce all the provisions of Article VIII of this Code, the California
Building Standards Code and applicable codes and standards. For such
purposes, the Building Officer and authorized deputies shall have
the powers of a law enforcement officer.
The Building Officer shall have charge of the supervision and
inspection of all buildings within the City and shall have power and
be required to:
(b)
Mobile Home Parks. The Building Officer is hereby authorized
and directed to enforce the provisions of the Mobilehome Parks Act
and Title 25 California Code of Regulations and shall have authority
to promulgate and/or adopt administrative regulations governing the
appeal of orders, decisions and determinations of the Building Officer
for matters related to such enforcement.
(c)
Deputies. The Building Officer may appoint such number of
technical officers and inspectors and other employees as shall be
authorized from time to time. The Building Officer may deputize such
inspectors or employees as may be necessary to carry out the functions
of this Chapter. In post disaster events, the Building Officer may
deputize private citizens who are qualified to provide damage assessment
of buildings and structures on behalf of the City.
(d)
Rules and Interpretations. The Building Officer shall have
the power to render interpretations, and to adopt and enforce supplemental
rules and regulations as may be deemed necessary to clarify the application
of the provisions of this Chapter, the California Building Standards
Code and applicable codes and standards. Such interpretations, rules
and regulations shall be in conformity with the intent and purpose
of this Chapter.
(e)
Right of Entry. When necessary to make an inspection to enforce
any of the provisions of this Chapter and applicable codes and standards,
or when the Building Officer has reasonable cause to believe that
there exists in any building or upon a premises any condition which
is contrary to or in violation of this Code, which makes the building
or premises unsafe, dangerous or hazardous, the Building Officer,
or designee, may enter the building or premises at all reasonable
times to inspect or to perform the duties imposed by this Code. The
Building Officer shall have recourse to all remedies provided by law
to secure entry.
If the Building Officer has reasonable cause to believe that
the building, structure or any condition on a property is so unsafe,
dangerous or hazardous as to require immediate inspection to safely
protect public health and safety, the Building Officer, or designee,
shall have the right to immediately enter and inspect such property,
and may use any reasonable means required to effect such entry and
make such inspection, whether such property be occupied or unoccupied
and whether or not permission to inspect has been obtained. If the
property is occupied, then the Building Officer, or designee, shall
first present credentials to the occupant and demand entry, explaining
the reasons therefor and the purpose of the inspection.
(f)
Orders to Stop Construction Work. When work is being done
contrary to any permit, to the provisions of this Chapter, the California
Building Standards Code, any development agreements or any other pertinent
Federal, State or local ordinances and regulations, the Building Officer,
or any subordinate authorized to act on behalf of the Building Officer,
may order the work stopped, by giving notice in writing to persons
engaged in the doing or causing such work to be done. No person shall
fail to comply with the stop work order.
(g)
Suspension or Revocation of Permits or Certificate of Occupancy. The Building Officer may, in writing, suspend or revoke a permit
or Certificate of Occupancy issued under the provisions of this Chapter
whenever the permit or Certificate of Occupancy has been issued in
error, on the basis of incorrect information supplied, without the
payment of the required fees, or in violation of any Federal, State
or local ordinances or regulations.
Local ordinances and regulations include, but shall not be limited
to:
(1)
Any provision of the approved plans, applicable codes and standards or any other provision of the City's Municipal Code, which is applicable to the work, including, but not limited to, exterior noise standards and permitted hours of operation pursuant to Sections 4.12.130 and 4.12.140 of the Municipal Code;
(2)
Any condition of City permit approval, including, but not limited
to, planning and zoning requirements, required construction mitigation
measures for occupied buildings and adjacent properties and tenant
protection during construction;
(3)
Safety standards for onsite use or occupancy, adjacent properties
or the public way, as determined by the Building Officer;
(4)
Any administrative citations and compliance orders including the
payment of any fines or penalties;
(5)
Any air or water quality standards, including, but not limited to,
asbestos contamination;
(6)
Any required license, security or insurance related to the work;
(7)
Any requirement set forth in a development agreement ordinance.
(h)
Discontinue Use of Building Occupancy and Service Equipment. When a building or structure or building service equipment therein
regulated by this Code and applicable codes and standards is being
used, maintained or occupied contrary to the provisions of such codes,
or is dangerous to human life, the Building Officer may order such
use or occupancy discontinued, entry to any such structure or building
be limited, and require such structure, building or requirement be
made safe and brought into compliance with this Code. No person shall
fail to comply with such an order. The Building Officer may further
post signs limiting access to any building, structure or service equipment
subject to a correction order issued pursuant to this Section. No
person shall fail to comply with any such signage. No person shall
deface, cover or remove such signage.
(i)
Authority to Disconnect Utilities. The Building Officer or
the Building Officer's authorized representative shall have the authority
to disconnect a utility service or energy supplied to the building,
structure or building service equipment therein regulated by this
Code or applicable codes and standards in case of emergency where
necessary to eliminate an immediate hazard to life or property.
The Building Officer shall whenever possible notify the serving
utility, the owner and occupant of the building, structure or building
service equipment of the decision to disconnect prior to taking such
action, and shall notify such serving utility, owner and occupant
of the building, structure or building service equipment, in writing,
of such disconnection immediately thereafter.
(j)
Approval of Alternate Materials, Methods of Design and Methods of
Construction. The Building Officer may approve an alternate
material, method of design or method of construction not specifically
prescribed by the applicable codes and standards, provided the Building
Officer finds that the proposed design is satisfactory and complies
with the provisions of applicable codes and standards and that the
material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in applicable codes and standards
in suitability, strength, effectiveness, fire resistance, durability,
safety and sanitation. The Building Officer shall require that sufficient
evidence or proof be submitted to substantiate claims that may be
made regarding its use.
(k)
Requiring of Tests. Whenever there is insufficient evidence
of compliance with the provisions of applicable codes and standards
or evidence that materials or construction do not conform to the requirements
of applicable codes and standards, the Building Officer may require
tests as evidence of compliance to be made at no expense to the jurisdiction.
Test methods shall be as specified by applicable codes and standards
or by other recognized test standards. In the absence of recognized
and accepted test methods, the Building Officer shall determine test
procedures. Tests shall be made by an approved agency. The Building
Officer shall retain reports of such tests for the period required
for the retention of public records.
(l)
Maintaining Records. The Building Officer shall maintain sufficient
records to show the approved use, occupancy and type of construction
for all structures requiring permits and the applicable code standards
applicable to any existing building. Such records shall include any
special administrative approvals including alternate materials, methods
of design and construction, modifications and tests.
The Building Officer shall also maintain an official copy of
the plans of every building issued a building permit during the life
of the building except for: Any building containing a bank, other
financial institution, or public utility.
(m)
Cooperation of Other Officials, Officers, and Managers. The
Building Officer may request, and shall receive, the assistance and
cooperation of other officials, officers, and managers of this jurisdiction
so far as is required in the discharge of the duties required by this
Code or other pertinent laws or ordinances.
(n)
Liability. The Building Officer charged with the enforcement
of this Code, the California Building Standards Code and applicable
codes and standards, acting in good faith and without malice in the
discharge of duties, shall not thereby be rendered personally liable
for damage that may accrue to persons or property as a result of an
act or omission in the discharge of the assigned duties. A suit brought
against the Building Officer or employee because of such act or omission
performed by the Building Officer or employee in the enforcement of
the provisions of such codes or other pertinent laws or ordinances
implemented through the enforcement of this Code or enforced by the
code enforcement agency shall be defended by this jurisdiction until
final termination of such proceedings, and any judgment resulting
therefrom, shall be assumed by this jurisdiction.
This Section shall not be construed to relieve from or lessen
the responsibility of any person owning, operating or controlling
a building, structure or building service equipment therein for damages
to persons or property caused by defects, nor shall the code enforcement
agency or its parent jurisdiction be held as assuming such liability
by reason of the inspections authorized by this Code or permits or
certificates issued under this Code.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2328CCS § 3, adopted 11/9/10; Ord. No. 2445CCS § 3,
adopted 11/12/13; Ord.
No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
General. Pursuant to this Chapter, Section 1002 of the Santa
Monica City Charter, the California Building Standards Code, the Building
and Fire Life Safety Commission is hereby created as the Board of
Appeal.
Members of the Commission shall be appointed by the City Council
to serve a term of four years unless removed for cause. No Commission
member shall hold any paid office with the City.
The Commission shall adopt reasonable rules and regulations
for conducting investigations and business and shall render all decisions
and findings in writing to the responsible official and appellants.
Said Commission may also recommend to the appointing authority such
new legislation as is consistent therewith.
The Building Officer and/or Fire Marshal or designee shall be
an ex-officio member of the Commission and shall act as secretary.
(b)
Membership. The Building and Fire Life Safety Commission shall
be composed of seven members. To the extent practicable as determined
by the City Council, the Commission's membership shall be composed
as follows: at least one State of California licensed or registered
architect, civil engineer or structural engineer; one State of California
licensed building contractor; one State of California Certified Access
Specialist; and one State of California Registered Fire Protection
Engineer.
(c)
Jurisdiction. The jurisdiction of this Commission shall be
limited to hearing appeals of determinations, decisions and orders,
including stop work, suspension or revocation orders, issued by the
Building Officer or the Fire Marshal relative to the application and
interpretations of the California Building Standards Code and related
codes and standards.
Unless otherwise specified above, the Commission shall have no jurisdiction over any matter reserved for any other board or commission established by City Charter or this Code, any citations or orders issued pursuant to Chapter 1.09 or 1.10 of this Code, or any abatement proceedings initiated under Chapter 8.92 or 8.96 of Article VIII of this Code or their successors.
(d)
Timing of Appeals of Stop Work, Suspension or Revocation Orders. Any appeal of a stop work, suspension or revocation order issued
by the Building Officer or the Fire Marshal shall be filed with the
Building Officer within three business days after the issuance of
the order. Enforcement of the suspension or revocation order is stayed
pending resolution of the administrative appeal unless immediate enforcement
of the order is mandated because:
(1)
Continuation of the work presents an actual or potential danger to
construction workers, occupants of adjacent structures, adjacent public
infrastructure, or members of the public;
(2)
Continuation of the work would be in violation of Santa Monica Building
Code Section 108;
(3)
Continuation of the work would constitute a nuisance; or
(4)
No permit has been issued for the work.
|
When any of these factors are present, any person ordered to
stop work shall comply with such order forthwith. If the suspension
or revocation order is stayed pending appeal, any materials installed
or constructed after issuance of the order may be required to be removed
should the Building Officer or Building and Fire Life Safety Commission
affirm the order.
|
(e)
Timing of Other Appeals. Unless otherwise specified by this
Code, any appeal to the Building and Fire Life Safety Commission shall
be filed within ten business days after the issuance of the underlying
decision by the Building Officer or the Fire Marshal.
(f)
Persons Eligible to Appeal. Appeals may be filed by any permit
applicant, the property owner of any permit at issue, or the recipient
of any order. Whenever there are multiple parties with the right to
appeal, the property owner's decision to appeal or not appeal shall
control.
(g)
Judicial Review. Any person aggrieved by any decision of the
Building and Fire Life Safety Commission may seek judicial review
of the decision.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2380CCS § 2, adopted 11/22/11; Ord. No. 2445CCS § 4,
adopted 11/12/13; Ord.
No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2550CCS § 3,
adopted 8/8/17; Ord. No.
2623CCS § 3, adopted 10/22/19; Ord. No. 2722CCS § 2,
adopted 10/11/22; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
General. No person shall erect, construct, enlarge,
alter, repair, move, improve, remove, convert, maintain or demolish
any building, structure or building service equipment regulated by
this Chapter, the California Building Standards Code and related codes
and standards without first obtaining an appropriate permit for each
building, structure or building service equipment from the Building
Officer except as specified in this Section.
No person shall do any exterior sandblasting within the City
without first obtaining an appropriate permit for each separate work
location or contractor.
No person shall perform any excavation or grading work without
first obtaining an appropriate permit from the Building Officer except
as specified in this Section.
No person shall erect any temporary structures within the City
without first obtaining an appropriate permit from the Building Officer
except as specified in this Section.
Exemption from the permit requirements of this Chapter shall
not be deemed to grant authorization for any work to be done in violation
of the provisions of applicable codes and standards or any other laws
or ordinances.
(b)
Temporary Structures. Temporary structures such
as reviewing stands, platforms, displays and other miscellaneous structures,
sheds, canopies or fences used for the protection of the public around
and in conjunction with construction work may be erected by special
permit from the Building Officer for a limited period of time. Buildings
or structures erected under a special permit need not comply with
the type of construction or fire-resistive time periods required by
the Building Code. Temporary structures shall be completely removed
upon the expiration of the time limit stated in the permit.
(c)
Work Exempt from Building Permit. A building permit
shall not be required for the following:
(1)
One-story detached accessory buildings not more than fourteen feet in height when used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty square feet, when the surface of adjacent grade does not exceed one unit vertical in ten units horizontal (i.e., ten percent slope); the building does not contain electrical, mechanical or plumbing work and the building conforms to the applicable zoning regulations of Chapter 9.04 of the Municipal Code.
(2)
Exterior freestanding masonry or concrete walls not over four
feet high, and other fences not over seven feet high.
(3)
Oil derricks.
(4)
Movable cases, counters and partitions not over five feet nine
inches high.
(5)
Retaining walls that are not over four feet in height measured
from the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding flammable liquids.
(6)
Water tanks supported directly upon grade if the capacity does
not exceed five thousand gallons and the ratio of height to diameter
or width does not exceed 2:1.
(7)
Platforms, walks and driveways not more than thirty inches above
grade and not over or surcharging any basement or story below.
(8)
Painting, papering and similar finish work, including color
or texture coating of exterior plaster.
(9)
Flooring when installed on a concrete floor slab or when weighing
not more than four pounds per square foot or replacing the same weight
per square foot.
(10)
Temporary motion picture, television and theater stage sets
and scenery.
(11)
Prefabricated swimming pools accessory to one- and two-family
dwellings in which the pool walls are entirely above the adjacent
grade and the capacity does not exceed five thousand gallons and there
are no electrical, gas or plumbing equipment or components associated
with the prefabricated swimming pool.
(d)
Work Exempt from a Grading Permit. A grading permit
is not required for the following:
(1)
Any grading work authorized by a valid combination-building
permit.
(2)
An excavation below finished grade for basements and footings
of a building, retaining wall or other structure authorized by a valid
building permit.
(3)
Cemetery graves.
(4)
Refuse disposal sites controlled by other regulations.
(5)
Excavations for wells or tunnels or utilities.
(6)
Mining, quarrying, excavating, processing or stockpiling of
rock, sand, gravel, aggregate or clay where established and provided
for by law, provided such operations do not affect the lateral support
or increase the stresses in or pressure upon any adjacent or contiguous
property.
(7)
Exploratory excavations under the direction of geotechnical
engineers or engineering geologists.
(8)
An excavation that is less than two feet in depth or does not
create a cut slope greater than five feet in height and steeper than
one unit vertical in one and one-half units horizontal (sixty-six
and seven-tenths percent slope).
(9)
A fill less than one foot in depth and placed on natural terrain
with a slope flatter than one unit vertical in five units horizontal
(twenty percent slope), or less than three feet in depth, not intended
to support structures, that does not exceed fifty cubic yards on any
one lot and does not obstruct a drainage course.
(e)
Work Exempt from Plumbing Permit. A plumbing permit
shall not be required for the following:
(1)
Any plumbing work authorized by a valid combination-building
permit.
(2)
The stopping of leaks in drains, soil, waste or vent pipe, provided,
however, that should any concealed trap, drain pipe, soil, waste or
vent pipe become defective and it becomes necessary to remove and
replace the same with new material, the same shall be considered as
new work and a permit shall be procured and inspection made as provided
in this Code.
(3)
The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, nor for the removal and reinstallation of water
closets, provided such repairs do not involve or require the replacement
or rearrangement of valves, pipes or fixtures.
(f)
Work Exempt from Electrical Permit. An electrical
permit shall not be required for the following:
(1)
Any electrical work authorized by a valid combination-building
permit.
(2)
Portable motors or other portable appliances energized by means
of a cord or cable having an attachment plug end to be connected to
an approved receptacle when the Electrical Code permits that cord
or cable.
(3)
Repair of fixed motors, transformers or fixed approved appliances
of the same type and rating in the same location.
(4)
Temporary decorative lighting.
(5)
Repair or replacement of current-carrying parts of any switch,
contactor or control device.
(6)
Reinstallation of attachment plug receptacles, but not the outlets
therefor.
(7)
Replacement of an over-current device where the device is installed
in the same location and is of the same manufacturer, same voltage,
same ampere rating, same characteristics, and has an interrupting
capacity meeting conditions at the time of replacement.
(8)
Repair or replacement of electrodes or transformers of the same
size and capacity for signs or gas tube systems.
(9)
Taping joints.
(10)
Removal of electrical wiring.
(11)
Temporary wiring for experimental purposes in suitable experimental
laboratories.
(12)
The wiring for temporary theater, motion picture or television
stage sets.
(13)
Electrical wiring, devices, appliances, apparatus or equipment
operating at less than twenty-five volts and not capable of supplying
more than fifty watts of energy.
(14)
Low-energy power, control and signal circuits of Class II and
Class III as defined in the Electrical Code.
(15)
Installation, alteration or repair of electrical wiring, apparatus
or equipment or the generation, transmission, distribution or metering
of electrical energy or in the operation of signals or the transmission
of intelligence by a public or private utility in the exercise of
its function as a serving utility.
(g)
Work Exempt from Mechanical Permit. A mechanical
permit shall not be required for the following:
(1)
Any mechanical work authorized by a valid combination-building
permit.
(2)
Portable heating appliance, ventilating equipment, cooling unit
or evaporative cooler.
(3)
Closed system of steam, hot or chilled water piping within heating
or cooling equipment regulated by the California Mechanical Code.
(4)
Replacement of any component part of assembly of an appliance
that does not alter its original approval and complies with other
applicable requirements of applicable codes and standards.
(5)
Refrigerating equipment that is part of the equipment for which
a permit has been issued pursuant to the requirements of applicable
codes and standards.
(6)
A unit refrigerating system as defined in the Mechanical Code.
(h)
Work Exempt from All Permitting Requirements. Reinstallation
of new toilets, urinals, and irrigation timers, in programs entirely
undertaken by the City of Santa Monica and directly supervised by
the Building Officer shall not require any building, mechanical, electrical,
or plumbing permit. This exemption only applies to the fixture or
equipment but does not exempt plumbing, piping, drainage, electrical
work associated with the replacement. This exemption does not apply
to installations in new buildings.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2328CCS § 4, adopted 11/9/10; Ord. No. 2445CCS § 5,
adopted 11/12/13; Ord.
No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2635CCS § 2, adopted 5/12/20; Ord. No. 2727CCS § 3,
adopted 10/25/22; Ord. No. 2762CCS, 10/24/2023)
(a)
Application. To obtain a permit, the applicant shall first
file an application in writing on a form furnished by the Building
Officer for that purpose. Every such application shall identify and
describe the work to be covered by the permit for which each application
is made, the responsible party for the work and such other information
that the Building Officer may require to show conformance to applicable
laws and regulations. When an architect or engineer prepares or is
required to prepare submittal documents, the application shall designate
the architect and/or engineer of record.
(b)
Submittal Documents. When required by the Building Officer, plans, specifications, engineering calculations, diagrams, soil investigation reports, sound tests, material tests, Construction Management Plans as required by Chapter 8.98 of this Code, special inspection and structural observation programs and other data shall be submitted with each application for a permit. When an architect or engineer does not prepare such plans, the Building Officer may require the applicant submitting such plans or other data to demonstrate that State law does not require that a licensed architect or engineer prepare the plans before accepting submittal documents or permit application.
Deferral of any submittal items shall require prior approval
of the Building Officer. If the Building Officer approves the deferral
of submittals to a time after permit issuance, the approved plans
shall list the deferred submittals. The deferred submittal items shall
not be installed until the Building Officer has approved their design
and submittal documents.
(c)
Investigation. Whenever work for which a permit is required
by this Chapter has been commenced without first obtaining a permit,
a special investigation shall be made before a permit may be issued
for such work when so ordered by the Building Officer.
(d)
Information on Plans and Specifications. Plans and specifications
shall be drawn to scale and shall be of sufficient clarity to indicate
the location, nature and extent of the work proposed and show in detail
that it will conform to the provisions of all relevant laws, ordinances,
rules and regulations.
(e)
Special Inspection and Structural Observation Program. When
the Building Code requires special inspection and/or structural observation,
the architect or engineer of record shall prepare an inspection program
which shall be submitted to the Building Officer for approval prior
to issuance of the building permit. The inspection program shall designate
the portions of the work to have special inspection, the name or names
of the individuals or firms who are to perform the special inspections
and indicate the duties of the special inspectors, including any required
nondestructive testing.
The Building Officer, or when approved by the Building Officer,
the owner, the engineer or architect of record, or an agent of the
owner, but not the contractor or any other person responsible for
the work, shall employ the special inspector. When structural observation
is required, the inspection program shall name the individuals or
firms who are to perform structural observation and describe the stages
of construction at which structural observation is to occur. The inspection
program shall include samples of inspection reports and provide time
limits for submission of reports.
(f)
Preconstruction Meetings. The Building Officer may require
the permit holder to participate in a preconstruction conference prior
to the completion of plan review and permit issuance to review the
plans and specifications for adequacy and sufficiency of details and
conformance to building standards and interpretations.
(g)
Change of Architect or Engineer of Record. If the circumstances
require, the owner may designate a substitute architect or engineer
of record who shall perform all the duties required of the original
architect or engineer of record. In such cases, the owner shall notify
the Building Officer in writing if the architect or engineer of record
is changed or is unable to continue to perform the duties. The architect
or engineer of record shall be responsible for reviewing and coordinating
all submittal documents prepared by others, including deferred submittal
items, for compatibility with the design of the building.
(h)
Expiration of Application for Permit.
(1)
A permit application shall expire if no permit is issued within one
year after the date the permit application is filed, except as provided
below.
(A)
An application for a demolition permit for the demolition of residential
buildings and structures, which are subject to the replacement project
requirements of the City's Zoning Ordinance, shall expire if no permit
is issued within two years following the date the application is filed.
(B)
An application for a permit for a project subject to the construction
rate program of the City's Zoning Ordinance shall not expire while
that project remains on the waiting list for a building permit.
(C)
An application for a demolition permit for a building or structure
in which the original permit was issued more than forty years before
the date of filing of the demolition permit application shall expire
if no permit is issued within three years following the date the application
is filed.
(D)
An application for a project that requires a Coastal Development
Permit shall expire if no building permit is issued within three years
of the building permit application filing date; however, if the project
includes an approved vesting tentative map, the permit application
expiration date shall be extended to be concurrent with the term of
the vesting tentative map for the project.
(2)
No action may be taken on an application after expiration. Plans
and other data submitted for review may thereafter be returned to
the applicant or purged by the Building Officer. To obtain a permit,
applicants shall submit a new application, new submittal documents
and pay a new plan review fee. All applicable standards in effect
at the time of the new application shall then apply to the project.
(i)
Extensions. The Building Officer may grant one six-month extension of the one-year plan check time period set forth in subsection (h)(1) above, if the applicant demonstrates that:
(1)
No changes have been made or will be made to the original plans and
specifications except as required by the original plan review; and
(2)
No pertinent laws or ordinances have been amended subsequent to the
date the original application was filed which would cause the development
project at issue to be inconsistent with such amended provisions;
and
(3)
Any approvals granted under Article IX of the Municipal Code are
still valid and have not expired; and
(4)
Circumstances beyond the control of the applicant have prevented
the permit from being issued in the authorized time period.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2165CCS § 6, adopted 8/9/05; Ord. No. 2314CCS § 1,
adopted 6/22/10; Ord.
No. 2445CCS § 6, adopted 11/12/13; Ord. No. 2527CCS § 2,
adopted 11/22/16; Ord.
No. 2553CCS § 1, adopted 8/8/17; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22; Ord. No. 2730CCS § 1,
adopted 12/13/22)
(a)
Issuance. If the Building Officer finds that the
work described in an application for a permit and submittal documents
conforms to the requirements of this Article, the California Building
Standards Code and other pertinent laws and ordinances, and that the
applicant has paid all required fees, the Building Officer shall issue
a permit for the work to the applicant. When a permit is issued for
which plans are required, the construction documents shall be approved
in writing or by stamp.
No building permit or demolition permit shall be issued by the
City for any development that requires a coastal development permit
under the California Coastal Act of 1976, Public Resources Code Section
30000 et seq., until such time as a coastal development permit has
been issued for such development.
(b)
Partial Permit. The Building Officer may issue
a permit for the construction of part of a building, structure or
building service equipment before the entire plans and specifications
for the whole building, structure or building service equipment have
been submitted or approved, provided adequate information and detailed
statements have been filed complying with all pertinent requirements.
The holder of a partial permit shall proceed without assurance that
the permit for the entire building, structure or building service
will be granted.
(c)
Expiration. Every permit issued under the provisions
of this Code expires by limitation and becomes null and void when
any of the following circumstances is applicable:
(1)
Failure to Start Construction. If the building
or work authorized by such permit is not started within one year from
the date of permit issuance;
(2)
Cessation of Work. If the building or work authorized
is suspended or abandoned at any time after the work has started,
for a period of one hundred eighty days or more;
(3)
Time to Complete. In addition to subsections (1)
and (2) above, every permit issued under the provisions of this Chapter
expires by limitation and becomes null and void when the time allowed
to complete all work authorized by the permit exceeds the time periods
set forth in this subsection, based on valuation. When a project is
divided into separate permits for the convenience of the owner or
tenants, and the work on such permits is to be done concurrently,
the time allowed to complete all work on each separate permit shall
be equal to the time period for the total valuation of the separate
permits.
(A)
Except as provided in subsection (B), the time allowed to complete all work authorized by a permit shall be as follows:
|
Valuation
|
Time Allowed
|
|---|---|
|
Under $300,000.00
|
12 months
|
|
$300,001.00 to $1,000,000.00
|
24 months
|
|
$1,000,001.00 to $20,000,000.00
|
36 months
|
|
Over $20,000,000.00
|
48 months
|
(B)
Notwithstanding subsection (A), the time allowed to complete all work authorized by a permit (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be as follows:
|
Valuation
|
Time Allowed
|
|---|---|
|
Under $300,000.00
|
36 months
|
|
$300,001.00 to $1,000,000.00
|
48 months
|
|
$1,000,001.00 to $20,000,000.00
|
60 months
|
|
Over $20,000,000.00
|
72 months
|
(d)
Extensions.
(1)
Extensions of time from the stated periods in subsection (c)
above may be permitted for good reason, provided such requests are
submitted to the Building Officer in writing prior to permit expiration.
The written request must demonstrate that:
(A)
Due to circumstances beyond the owner's or permittee's control,
construction could not be commenced, continued or completed in the
authorized time period;
(B)
If construction has started, substantial progress has been made;
(C)
The condition of the property presents no health or safety hazard;
and
(D)
The continued delay will not create any unreasonable aesthetic
impact to the neighborhood or substantial economic detriment to neighboring
property owners.
(2)
The time periods set forth to start construction within one
hundred eighty days or resume construction after cessation of work
for one hundred eighty days may each be extended no more than once,
and the time period set forth to complete construction may be extended
no more than three times; however, if the project includes the preservation
of a designated City of Santa Monica landmark, the period to complete
construction may be extended no more than four times. Each extension
of time shall not exceed one hundred eighty days.
(e)
Extension Request Appeals. The decision of the
Building Officer may be appealed to the Director of Planning and Community
Development, who shall conduct a de novo review. Any such appeal shall
be filed in writing within seven days of the decision of the Building
Officer. The decision of the Director of Planning and Community Development
shall be final.
(f)
Renewal. Before any work authorized under an expired
permit can be recommenced, the permit holder shall file an application
for renewal. Such application shall include all original submittal
documents and shall identify any changes that have been made or will
be made in the original plans and specifications for such work.
If the Building Officer finds that the work remaining to be
completed under the permit conforms to the requirements of applicable
codes and standards and other pertinent laws and ordinances, and that
the applicant has paid all required fees, the Building Officer shall
renew the permit for the work to the applicant. No work shall recommence
until the renewal application and submittal documents are approved.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2314CCS § 2, adopted 6/22/10; Ord. No. 2380CCS § 3,
adopted 11/22/11; Ord.
No. 2426CCS § 1, adopted 3/25/13; Ord. No. 2527CCS § 2,
adopted 11/22/16; Ord.
No. 2623CCS § 3, adopted 10/22/19; Ord. No. 2689CCS § 1,
adopted 1/25/22; Ord.
No. 2727CCS § 3, adopted 10/25/22; Ord. No. 2762CCS, 10/24/2023)
(a)
Fees. The fee for each service provided in the administration
and enforcement of this Chapter shall be as set forth by Resolution
of the City Council based on the estimated reasonable cost of providing
the service, except for penalties.
(b)
Valuation. When valuation is a basis for fees, the Building
Officer shall determine the valuation in accordance with the provisions
of this Code.
(c)
Special Services. When plans, tests, inspections and associated
reports require special review and analysis by an outside entity,
said fees shall be in an amount reasonably necessary to defray costs
to the City directly attributable to employing or contracting with
such private entity. Direct costs shall include administrative and
overhead costs of the City for procuring and monitoring the work attributable
to the outside entity.
(d)
Reinspection Fees. A reinspection fee may be assessed for
each inspection or reinspection when such portion of work for which
inspection is called is not complete or when corrections called for
are not made.
Reinspection fees may also be assessed when the inspection record
card is not posted or otherwise available on the work site, the approved
plans are not readily available to the inspector, for failure to provide
access on the date for which inspection is requested, or for deviating
from plans requiring the approval of the Building Officer.
(e)
Refunds. The Building Officer shall authorize refunding of
a fee paid under the provisions of this Chapter that was erroneously
paid or collected or when paid for services not provided. When partial
services are performed, the Building Officer shall determine the proportion
of the fee to be refunded based on the estimated reasonable cost of
the service not performed. Applications for refund must be made in
writing within one year of fee payment.
(Added by Ord. No. 2054CCS, §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
General. Construction or work for which a permit is required
shall be subject to inspection by the Building Officer and the construction
or work shall remain accessible and exposed for inspection purposes
until approved by the Building Officer. It shall be the duty of the
permit holder to cause the work to remain accessible and exposed for
inspection purposes. Neither the Building Officer nor this jurisdiction
shall be liable for expense entailed in the removal or replacement
of any material required to allow inspection.
(b)
Survey. The Building Officer may require a survey of the lot
to verify that the structure is located in accordance with the approved
plans.
(c)
Inspection Record Card. Work requiring a permit shall not
be commenced until the permit holder or the agent of the permit holder
shall have posted or otherwise made available an inspection record
card such as to allow the Building Officer conveniently to make the
required entries thereon regarding inspection of the work. The permit
holder shall maintain this card available until the Building Officer
has granted final approval.
(d)
Maintenance of Approved Plans. Approved plans and specifications
shall not be changed, modified or altered without authorizations from
the Building Officer, and all work regulated by this Code shall be
done in accordance with the approved plans, which shall be kept on
the site of the building or work at all times during which the work
authorized thereby is in progress.
(e)
Inspection Requests. It shall be the duty of the person doing
the work authorized by a permit to notify the Building Officer that
such work is ready for inspection. The Building Officer may require
that every request for inspection be filed at least one working day
before such inspection is desired. Such request may be in writing
or by telephone at the option of the Building Officer. It shall be
the duty of the person requesting any inspections required either
by this Code or applicable codes and standards to provide access to
and means for inspection of the work.
(f)
Approval Required. Work shall not be done beyond the point
indicated in each successive inspection without first obtaining the
approval of the Building Officer. The Building Officer, upon notification,
shall make the requested inspections and shall either indicate that
that portion of the construction is satisfactory as completed or shall
notify the permit holder or an agent of the permit holder wherein
the same fails to comply with this Code. Any portions that do not
comply shall be corrected and such portion shall not be covered or
concealed until authorized by the Building Officer.
There shall be a final inspection and approval of all buildings
and structures when completed and ready for occupancy and use prior
to such occupancy or use.
(g)
Required Building Inspections. No work shall be covered or
concealed without first obtaining the approval of the Building Officer.
The Building Officer may make or require other inspections of construction
work to ascertain compliance with the provisions of this Code or applicable
codes and standards and other laws applicable to the work.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2445CCS § 8, adopted 11/12/13; Ord. No. 2527CCS § 2,
adopted 11/22/16; Ord.
No. 2623CCS § 3, adopted 10/22/19; Ord. No. 2727CCS § 3,
adopted 10/25/22)
(a)
General. The Building Officer may approve portions of the
work authorized under any permit to be constructed off-site at the
premises of an approved fabricator.
(b)
Application for Approved Fabricator License. Prior to any
work being constructed off site, the fabricator shall submit an application
for approved fabricator status on the form supplied for such purpose
by the Building Officer.
The application shall include a detailed fabrication procedural
manual reflecting key quality control procedures that provides a basis
for inspection control of workmanship and the fabricator plant and
the name of the approved inspection or quality control agency that
will monitor the effectiveness of the quality control program.
(c)
Special Inspection Requirements. The Building Officer shall
determine if the work is of such a nature to require periodic or continuous
special inspection in addition to the quality control measures of
the fabricator and periodic monitoring by the approved inspection
or quality control agency.
(d)
Certificate of Compliance. For any work constructed off site,
the approved fabricator shall submit a certificate of compliance to
the Building Officer and to the engineer or architect of record stating
that the work was performed in accordance with the approved plans
and specifications.
(e)
Monitoring Reports. The approved inspection or quality control
agency shall notify the Building Officer in writing of any change
to the procedural manual, the fabricator's quality control capabilities,
plant and personnel as outlined in the fabrication procedural manual
and the results of periodic plant inspections.
(f)
Revocation of Approved Fabricator Status. The Building Officer
may revoke the license of any approved fabricator if it is found that
work done pursuant to the approval is in violation of applicable codes
and standards or this Chapter. The decision of the Building Officer
in these matters shall be final.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
Use or Occupancy. Buildings or structures shall not be used
or occupied, nor shall a change in the existing occupancy classification
of a building or structure or portion thereof be made until the Building
Officer has issued a Certificate of Occupancy therefor as provided
herein.
(b)
Certificate Issued. After the Building Officer inspects the
building or structure and finds no violations of the provisions of
this Code, approved plans and specifications, or any other pertinent
laws, the Building Officer shall issue a Certificate of Occupancy
that shall contain the following:
(1)
Building permit number.
(2)
Address of the building.
(3)
Name and address of the owner.
(4)
Description of that portion of the building for which the certificate
is issued.
(5)
A statement that the described portion of the building has been inspected
for compliance with the requirements of this Code for the group and
division of occupancy and the use for which the proposed occupancy
is classified.
(6)
Name of the Building Officer.
(c)
Temporary Certificate. The Building Officer may issue a Temporary
Certificate of Occupancy for the use of a portion or portions of a
building or structure prior to the completion of the entire building
or structure if the Building Officer finds that substantial hazard
will not result from occupancy of a building or portion thereof before
the same is completed, and the required accessibility features are
in place. The Building Officer may require sufficient security to
guarantee the completion of any outstanding construction and the payment
of all outstanding obligations.
(d)
Posting. The Certificate of Occupancy shall be posted in a
conspicuous place on the premises and shall not be removed except
by the Building Officer.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
Issuance of Permits. The issuance of a permit or approval
of plans or submittal documents shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of
this Chapter, the California Building Standards Code, and other applicable
codes and standards, or of any other ordinance of this jurisdiction,
State or Federal law. Permits presuming to give authority to violate
any pertinent law or ordinance shall not be valid.
(b)
Validity of Inspections. Approval as a result of an inspection
shall not be construed to be an approval of a violation of the provisions
of this Code or of other ordinances of the jurisdiction. Inspections
presuming to give authority to violate or cancel the provisions of
this Code or of other ordinances of the jurisdiction shall not be
valid.
(c)
Validity of Certificate of Occupancy. 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.
(d)
Conformance to Code. The issuance of a permit based on plans,
specifications and other data or the approval as a result of an inspection
shall not prevent the Building Officer from thereafter requiring the
correction of errors in said plans, specifications and other data
or constructed work prior to use or occupancy or thereafter.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
Plans Available for Viewing. Approved plans maintained by
the Building Officer shall be open for inspection as a public record
at the City facility designated by the Building Officer.
(b)
Copy of Approved Plans. Before duplicating in whole or part
the approved plans, the Building Officer shall request the written
permission of the certified, licensed or registered professional or
his or her successor, if any, who signed the original documents and
the written permission of the original or current owner of the building,
or, if the building is part of a common interest development, with
the written permission of the board of directors or governing body
of the association established to manage the common interest development
to duplicate the plans.
(c)
Written Request to Owner and Professionals. The written request
to a licensed, registered, or certified professional may be made by
sending a registered letter to the licensed, registered, or certified
professional requesting his or her permission to duplicate the official
copy of the plans and sending with the registered letter, a copy of
the affidavit furnished by the Building Officer, which has been completed
and signed by the person requesting to duplicate the official copy
of the plans. The Building Officer shall send registered letters to
the most recent address of the licensed, registered, or certified
professional available from the California State Board that licensed,
registered or certified the professional.
(d)
Cost to Provide Copies. The City Council may establish a fee
to be paid by any person who requests the Building Officer to duplicate
the official copy of any plans pursuant to this Section, in an amount
which it determines is reasonably necessary to cover the costs pursuant
to this Section.
(e)
Approval or Authorization Unreasonably Withheld. The certified,
licensed, or registered professional's refusal to permit the duplication
of the plans is unreasonable if, upon request from the Building Officer,
the professional does either of the following:
(1)
Fails to respond within thirty days of receipt by the professional
of the request. However, if the Building Officer determines that the
professional is unavailable to respond within thirty days of receipt
of the request due to serious illness, travel, or other extenuating
circumstances, the Building Officer shall extend the time period to
allow the professional adequate time to respond, as determined to
be appropriate to the individual circumstance, but not to exceed sixty
days.
(2)
Refuses to give his or her permission for the duplication of the
plans after receiving the signed affidavit and registered letter specified
in subsections (b) and (c).
(f)
Requestor's Affidavit. The Building Officer shall furnish
the form of an affidavit to be completed and signed by any person
requesting to duplicate the approved plans, which contains provisions
stating all of the following:
(1)
That the copy of the plans shall only be used for the maintenance,
operation, and use of the building.
(2)
That drawings are instruments of professional service and are incomplete
without the interpretation of the certified, licensed, or registered
professional of record.
(3)
That subdivision (a) of Section 5536.25 of the Business and Professions
Code states that a licensed architect who signs plans, specifications,
reports, or documents shall not be responsible for damage caused by
subsequent changes to, or use of, those plans, specifications, reports,
or documents where the subsequent changes or uses, including changes
or uses made by State or local governmental agencies, are not authorized
or approved in writing by the licensed architect who originally signed
the plans, specifications, reports, or documents, provided that the
written authorization or approval was not unreasonably withheld by
the architect and the architectural service rendered by the architect
who signed the plans, specifications, reports, or documents was not
also a proximate cause of the damage.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
Utility and Energy Connections. Persons shall not make connections
from a utility or other source of electrical power; natural gas; potable,
reclaimed or gray water; or solar energy, to building service equipment,
which is regulated by applicable codes and standards and for which
a permit is required by this Code, until approved by the Building
Officer.
(b)
Temporary Connections. The Building Officer may authorize
the temporary connection of the building service equipment to a source
of: electrical power; natural gas; potable, reclaimed or gray water;
or solar energy for the purpose of testing building service equipment,
or for use under a Temporary Certificate of Occupancy.
(c)
Connection after Order to Disconnect. Persons shall not make
connections from a source of: electrical power; natural gas; potable,
reclaimed or gray water; or solar energy, nor supply energy or fuel
to building service equipment which has been disconnected or ordered
to be disconnected by the Building Officer or the use of which has
been ordered to be discontinued by the Building Officer until the
Building Officer authorizes the reconnection and use of such equipment.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2445CCS § 10, adopted 11/12/13; Ord. No. 2527CCS § 2,
adopted 11/22/16; Ord.
No. 2623CCS § 3, adopted 10/22/19; Ord. No. 2727CCS § 3,
adopted 10/25/22)
(a)
Purpose. The purpose of this Section is to establish minimum
standards for abrasive blasting; to safeguard property and public
welfare; and to reduce human exposure to noxious materials such as
lead and asbestos.
(b)
"Abrasive blasting"
"Abrasive material"
"Certified lead inspector/assessor"
"Certified lead project designer"
"Certified lead project monitor"
"Certified lead supervisor"
"Certified lead worker"
"Lead-contaminated dust"
"Lead-contaminated soil"
"Lead hazard"
"Lead-related construction work"
Definitions. The following words or phrases, as used in this
Section shall have the following meanings:
is the cleaning or preparing of a surface by forcibly propelling
a stream of abrasive material against the surface.
is any material used in an abrasive blasting operation including,
but not limited to, sand slag, steel shot, garnet or walnut shells.
means an individual who is currently certified in accordance
with the California Code of Regulations Title 17 Section 35005.
means an individual who is currently certified in accordance
with the California Code of Regulations Title 17 Section 35006.
means an individual who is currently certified in accordance
with the California Code of Regulations Title 17 Section 35007.
means an individual who is currently certified in accordance
with the California Code of Regulations Title 17 Section 35008.
means an individual who is currently certified in accordance
with the California Code of Regulations Title 17 Section 35009.
means lead-contaminated dust as defined pursuant to the California
Code of Regulations Title 17 Section 35035.
means lead-contaminated soil as defined pursuant to the California
Code of Regulations Title 17 Section 35036.
means lead hazard as defined pursuant to the California Code
of Regulations Title 17 Section 35037.
means lead-related construction work as defined pursuant
to the California Code of Regulations Title 17 Section 35040.
(c)
Permit Required. No person shall do any exterior abrasive
blasting sandblasting within the City without first obtaining a permit.
A permit shall be required for each separate work location or contractor.
A permit issued pursuant to this Section shall require compliance
with all local, State, and Federal regulations, including, but not
limited to, waste disposal, urban runoff control, and asbestos emission
control per the South Coast Air Quality Management District Rule 1403.
(d)
Application. To obtain a permit, the applicant shall file
an application with the Building Officer. Each application shall state
the location, name and address of the responsible party, estimated
times abrasive blasting will take place, amount of insurance for property
damage and public liability that the applicant carries, the name of
the insurance company issuing the policy and the contractor qualifications.
(e)
Required Test Submittal Documents. Each application for abrasive sandblasting shall also include a determination of the lead content of each surface(s) to be abraded and shall be made by a certified lead inspector/assessor. This determination shall be based on a representative sample of paints chips. Samples shall be collected in accordance with a sampling plan developed for each separate work location. Samples shall be analyzed by a laboratory currently accredited by the State of California Department of Health Services, California Environmental Laboratory Accreditation Program (ELAP). Analysis of surface coatings and materials shall be performed in a manner that meets the requirements of subsection (d)(9) and subsection (n)(4) of Title 8 California Code of Regulations Section 1532.1.
(f)
Qualifications. Where the lead content of a surface(s) is
below six hundred parts per million (ppm), the contractor shall be
required to have a California State Licensing Board license with a
specialty contractor classification C61 (D38 Sand and Water Blasting)
per the California Code of Regulations Title 16, Division 8, Article
3.
Where the lead content of surface(s) is six hundred ppm or greater the contractor shall be required to have a California State Licensing Board license with a specialty contractor classification C61 (D38 Sand and Water Blasting) per the California Code of Regulations Title 16, Division 8, Article 3. In addition, individuals who perform all work including the preparation of the work plan, abatement, and clearance shall be properly qualified in accordance with the California Code of Regulations Title 17, Division 1, Chapter 8, Article 1, Section 35001 et seq. Lead abatement plans shall be prepared by a certified lead project designer or lead project monitor; lead abatement work shall be performed by a certified lead supervisor(s) and certified lead worker(s). All clearance work shall be performed by a certified lead inspector(s)/assessor(s) or a certified lead project monitor(s).
(g)
Lead Hazard. No person shall perform lead-related construction
work on any surface in a manner that creates a lead hazard pursuant
to California Health and Safety Code Section 105255(a). Where lead
concentrations in paint are six hundred ppm or greater and abrasive
blasting has been performed, a clearance inspection shall be performed
by a certified lead inspector/assessor. In no case following abrasive
blasting shall residual soil concentrations of lead exceed four hundred
ppm, unless a prior determination established a background lead concentration
in soil above four hundred ppm, in which case no residual soil concentration
of lead shall exceed the background levels.
(h)
Noise Restrictions. Abrasive blasting shall comply with the noise standards of Municipal Code Section 4.12.110.
(i)
Dry Sandblasting Limits. No dry abrasive blasting shall be
permitted except upon special permission of the Building Officer.
Permission shall be granted only in those situations where wet abrasive
blasting cannot be done due to unique circumstances. Any application
for dry abrasive blasting shall state thereon the reasons why wet
abrasive blasting cannot be used and the additional precautions that
will be taken to protect the public.
(j)
Notice Prior to Abrasive Blasting. A minimum of three days'
notice shall be given to owners, tenants and occupants of all structures
within one hundred fifty feet of the site on which abrasive blasting
is to be done.
(k)
Additional Requirements. At the Building Officer's discretion,
restrictions in addition to the standards set forth in this chapter
may be imposed on a case-by-case basis, when such additional restrictions
are necessary to protect the public health and safety.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2165CCS § 2, adopted 8/9/05; Ord. No. 2527CCS § 2,
adopted 11/22/16; Ord.
No. 2623CCS § 3, adopted 10/22/19; Ord. No. 2727CCS § 3,
adopted 10/25/22)
(a)
Local Authority. City Council hereby reaffirms Resolution
Number 2536 (CCS) adopted November 11, 1961, whereby the City assumes
responsibility for enforcement of State of California regulations
and requirements for mobile home parks.
(dded by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
House-Type Trailers. Whenever the expression "house-type trailers"
is used in this Section, it shall mean house trailers, trailer coaches,
mobile homes, and similar vehicles as are defined in Section 18000
et seq., of the California Health and Safety Code.
(b)
Regulations. The following regulations shall apply to house-type
trailers other than mobile homes located in mobile home parks for
use other than as living accommodations. No person, firm or corporation
shall use, store, or place a house-type trailer for any purpose or
in any manner except as in these regulations provided:
(1)
No person, firm or corporation shall use a house-type trailer for
any purpose or in any manner without first obtaining a written permit
from the Building Officer authorizing such use, storage, or placement.
(2)
No person, firm or corporation shall use, store or place a house-type
trailer for any purpose or in any manner in violation of or in nonconformance
with any of the terms provided in a permit issued by the Building
Officer for use, storage, or placement of said house-type trailer.
(c)
Permit Standards. The Building Officer shall be guided by
the following standards in the issuance of permits for the use, storage,
and placement of house-type trailers:
(1)
No house-type trailer shall be used in any residential zone for any
purpose other than storage thereof, except when used in connection
with the erection of new structures.
(2)
No house-type trailer or house-type trailers singly, in connection
groups, or otherwise shall be used for any purpose on any lot or parcel,
as defined in Article IX of this Code, for a cumulative period of
more than six months in any twelve consecutive months, except as hereinafter
provided for any purpose other than storage thereof.
(3)
Except in connection with the erection of new structures, no house-type
trailer shall be used for any purpose not directly connected and associated
with a business or activity conducted within an enclosed building
on the lot or parcel upon which it is used or upon a lot or parcel
immediately adjacent or contiguous thereto which is under the ownership,
operation, or direct control of the person, firm or corporation to
whom the permit is issued.
(4)
No permit shall be issued for the use of a house-type trailer unless
there are legally provided toilet facilities located within a reasonable
distance not to exceed two hundred feet from the closest point of
said house-type trailer, which toilet facilities are owned, operated,
or under the direct control of the permittee.
(5)
The total space occupied by a house-type trailer or trailers used
under such permit shall not exceed one percent of the total square
footage of the enclosed portion of the building described above for
the activity, provided that the space occupied by the house-type trailer
may be limited to one house-type trailer used in connection with any
business or businesses which are related to each other and are, directly
or indirectly, under a common ownership or management, if the space
which would be occupied by any house-type trailers in excess of one
is normally used for parking of automobiles or has been so used within
three months of the time of the application for the permit, and only
if the automobiles so displaced may be accommodated on other off-street
parking facilities owned or controlled by permittee.
(d)
Permit Time and Frequency Limits. The permit issued hereunder
may be extended for a period not to exceed one year, provided that
in the event of such an extension, no further permit shall be issued
for use on the same or adjacent premises or on premises owned, operated,
or controlled by the permittee or his or her successor or successors
in interest for a period of two years succeeding expiration of the
extended permit.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
Prior to any building sale, or as part of any building permit
or inspection carried out by the Building and Safety Division, all
water heaters shall be braced in conformance with the minimum standards
established by the Division of the State Architect or California Building
Code.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
(a)
Assigning of Address Ranges to Land. The City Engineer shall
assign address numbers to all parcels of land in the City of Santa
Monica and shall indicate the same upon an official City map.
One hundred numbers shall be assigned to each and every block
between streets and avenues and wherever such streets and avenues
do not extend through any platted or unplatted lands, the number shall
be assigned to the spaces between such streets if extended through
such lands.
(b)
Assigning of Addresses to Buildings or Use of Land. The Building
Officer shall assign address numbers to buildings and when land is
used for approved purposes.
To facilitate emergency services and record keeping, the Building
Officer shall assign only one numerical address for any new building.
Portions of a building divided for separate tenants shall use unit
numbers or letters subordinate to the main numerical address. Addresses
shall not be assigned to accessory structures. The Building Officer
may grant exceptions to these requirements when requested by the Fire
Chief or Chief of Police to improve emergency response efforts or
to facilitate City record keeping.
(c)
Posting of Building Addresses. All buildings shall display
the assigned address number so as to be visible from the street upon
which the address is based.
(Added by Ord. No. 2054CCS §
2, adopted 10/8/02; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
Solar energy systems which qualify for expedited permit processing,
pursuant to Government Code Section 65850.5, shall be subject to the
administrative permitting procedures set forth in the City's Solar
Energy System Permit Expediting Ordinance.
(Added by Ord. No. 2492CCS §
2, adopted 8/25/15; amended by Ord. No. 2527CCS § 2, adopted 11/22/16; Ord. No. 2623CCS § 3,
adopted 10/22/19; Ord.
No. 2727CCS § 3, adopted 10/25/22)
Electric vehicle charging stations which qualify for expedited
permit processing, pursuant to Government Code Section 65850.7, shall
be subject to the administrative permitting procedures set forth in
the City's Electric Vehicle Charging Station Permit Expediting Ordinance.
(Added by Ord. No. 2555CCS §
2, adopted 9/26/17; amended by Ord. No. 2623CCS § 3, adopted 10/22/19; Ord. No. 2727CCS § 3,
adopted 10/25/22)
