Pursuant to Government Code Section 50022.9, the city council adopts and incorporates by reference the California Existing Building Code, 2022 Edition, as published in Title 24, Part 10 of the California Code of Regulations.
(Ord. 2140 § 11, 2016; Ord. 2165 § 11, 2019; Ord. 2224 § 13, 2022)
Chapter 1 of Division II is amended in its entirety to read as follows:
Chapter 1 Division II
Administrative Provisions
For administrative provisions for this Code, see Section 16.01.040.
(Ord. 2140 § 11, 2016; Ord. 2165 § 11, 2019)
Sections 503.1 and 506.1are added to read as follows:
503.1 (Alterations) General. Except as provided by Section 302.4, 302.5 or this section, alterations to any building or structure must comply with the requirements of the California Building Code or California Residential Code, as applicable, for new construction. Alterations created within a building or structure cannot cause the building or structure to be more out of compliance with the provisions of the California Building Code or California Residential Code, as applicable, than it was before the alteration was made.
Exceptions:
1.
An existing stairway is not required to comply with the requirements of Section 1011 of the California Building Code where the existing space and construction does not allow a reduction in pitch or slope.
2.
Handrails otherwise required to comply with Section 1011.11 of the California Building Code are not required to comply with the requirements of Section 1014.6 of the California Building Code regarding full extension of the handrails where such extensions would be hazardous because of plan configuration.
3.
Where provided in below-grade transportation stations, existing and new escalators must have a clear width of less than 32 inches (815 mm).
4.
A site assessment demonstrating, evaluating and certifying conformity with accessibility standards for public buildings, public accommodations, commercial buildings and/or public housing may be submitted by the design professional of record, or a CASp, in a form acceptable to the building official.
506.1 (Change of Occupancy) Compliance. A change of occupancy cannot be made in any building unless that building is made to comply with the requirements of the California Building Code for the use or occupancy. Any new occupancy created within a building or structure cannot cause the building or structure to be more out of compliance with this code than it was before the change was made. Subject to the approval of the code official, changes of occupancy will be permitted without complying with all of the requirements of this code for the new occupancy, provided that the new occupancy is less hazardous, based on the life and fire risk, than the existing occupancy.
Exceptions:
1. 
The building is not required to comply with Chapter 16 of the California Building Code, unless required by Section 506.4.
2. 
An assessment by the design professional of record in a from acceptable to the building official may serve to certify compliance to this code.
(Ord. 2196 § 3, 2020)
(a) 
Purpose. To expedite building permit approvals by allowing licensed design professionals to voluntarily self-certify building plans.
(b) 
Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this section:
"Licensed design professional"
means the California licensed architect or engineer, as applicable, identified as such on the building permit application and accompanying plans.
"Self-certification," "self-certify" or "self-certified"
means a submittal to the building official that is: (A) made by a licensed design professional identified in the building permit application; (B) accompanies plans filed with the building official by that licensed design professional; and (C) for which the licensed design professional attests such plans: (i) do not contain any false information, (ii) comply with all applicable law including, without limitation, the MPMC, and (iii) were prepared by or under the direct supervision of, and signed and stamped by, that licensed design professional.
(c) 
Eligible Participants. To participate in the program, applicants must be registered and be in good standing as a licensed design professional with the state of California.
(d) 
Insurance Requirements. For a project to be accepted for self-certification, the licensed design professional is required to furnish the building official insurance in accordance with the city's requirements and not less than the valuation of the permitted project.
(e) 
Optional Prescreening Process. The licensed design professional who intends on filing an application with a self-certification may meet with the building official, or designee, for a courtesy prescreening of the proposed project to ensure the submittal is complete.
(f) 
Submittal Requirements. The licensed design professional who intends on filing an application with a self-certification must submit that application to participate in the program to the building official. Self-certified plans must contain all the information listed in the corresponding city of Monterey Park handout regarding building design criteria. A self-certification form and a "hold harmless" letter, in a form approved by the city attorney, must be completed in its entirety and submitted for each project by the design team and the property owner. The self-certification program will be all inclusive, i.e., all construction trade work that requires permits for the project must be self-certified. Each page of the plans submitted, must be wet stamped and signed by a licensed design professional for each applicable trade.
(g) 
Non-Building Division Approvals. The licensed design professional who intends on filing an application with a self-certification must provide documentation to the building official demonstrating final approvals from any affected city department before the building official issues a permit. That licensed design professional must also provide documentation to the building official appropriate approvals of any applicable "outside" agency. Those outside agencies include, without limitation, the following: Los Angeles County health department and affected school districts.
(h) 
Fees. All fees required by the program will be established by city council resolution.
(i) 
Permits. Applications that have met all the criteria of this voluntary self-certification program will be issued a building permit the same day of completed and approved application submittal.
(j) 
Inspection Protocol. All code-required state of California or city of Monterey Park inspections are required.
(k) 
Audits. All self-certified plans are subject to auditing by the building official to determine whether plans comply with the applicable California and city of Monterey Park laws, codes, rules, and regulations. If plans are found not to comply, then the licensed design professional who intends on filing an application with a self-certification will ensure compliance. If compliance is not obtained within a reasonable amount of time, then the building official may report the non-compliance items to the appropriate licensing board with the state of California.
(Ord. 2196 § 4, 2020)