Editor's Note: Prior ordinance history: Ords. 07-779U,
85-21, 86-101, 86-118, 87-134, 88-214, 88-215, 89-248U, 90-254, 91-281,
91-292, 92-321, 92-332, 92-345U, 95-454U, 99-547U and 641U. Prior
code §§ 8100 – 8121.
Except as hereinafter provided, Title 26, Building Code, of
the Los Angeles County Code (hereinafter referred to as the "Building
Code"), as amended and in effect on January 1, 2023, adopting the
California Building Code, 2022 Edition (Part 2 of Title 24 of the
California Code of Regulations), including Subsections 119.1.2 through
119.1.14 of Chapter 1; Chapters 2 through 35; Chapters 65 through
69; Chapters 94, 95, 96, 98 and 99; Appendices C, H, I, J, and P;
is hereby incorporated herein by reference as if fully set forth below,
and shall be known and may be cited as the Building Code of the City
of West Hollywood.
The provisions of the Building Code applying to dwellings, lodging
houses, congregate residences, hotels, motels, apartment houses, convents,
monasteries or other uses classified by the building code as a group
occupancy and including Chapters 1, 2, 3, 4 and 98 and 99 shall constitute
and may be cited as the Housing Code of the City of West Hollywood.
In the event of any conflict between provisions of the California
Building Code, 2022 Edition, Title 26 of the Los Angeles County Code,
or any amendment to the Building Code contained in the West Hollywood
Municipal Code, the provision contained in the later listed document
shall control.
A copy of Title 26 of the Los Angeles County Code and the California
Building Code, 2022 Edition, have been deposited in the office of
the City Clerk of the City of West Hollywood and shall be at all times
maintained by the City Clerk for use and examination by the public.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, whenever any of the following names or terms are used in the Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
shall mean the board of appeals established in Section 105
of the West Hollywood Building Code.
shall mean the City of West Hollywood Building and Safety
Division of the Planning and Development Services Department.
shall mean the person designated to act as Building Official
by the City Council.
shall mean the City Council of the City of West Hollywood
unless the context requires otherwise.
shall mean the City of West Hollywood.
shall mean the Building Official of the City of West Hollywood
or his/her duly appointed representative.
shall mean the Electrical Code of the City of West Hollywood as contained in Chapter 13.08 of this Code.
shall mean the Existing Building Code of the City of West Hollywood as contained in Chapter 13.26 of this Code.
shall mean the Fire Code of the City of West Hollywood as contained in Chapter 14.04 of this Code.
shall mean the city treasury of the City of West Hollywood.
shall mean the Green Building Code of the City of West Hollywood as contained in Chapter 13.24 of this Code.
shall mean the Health Code of the City of West Hollywood as adopted by Section 7.04.010 of the West Hollywood Municipal Code.
shall mean the Health Officer of Los Angeles County.
shall mean the Historical Code of the City of West Hollywood as contained in Chapter 13.44 of this Code.
shall mean the City of West Hollywood.
shall mean the Mechanical Code of the City of West Hollywood as contained in Chapter 13.16 of this Code.
shall mean the Plumbing Code of the City of West Hollywood as contained in Chapter 13.12 of this Code.
shall mean the Residential Code of the City of West Hollywood as contained in Chapter 13.20 of this Code.
shall mean a person holding a valid Certificate of Registration
issued by the County of Los Angeles as set forth in Section 108.6
of the Building Code, or a person otherwise determined to be qualified
by the building official.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, subsection 105.1.1 of the Building Code is amended to read as follows:
105.1.1 General. In order
to conduct the hearing provided for in this chapter and the hearings
provided for in Chapter 98 and 99, the City Council shall act as the
board of appeals.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 20-1118 § 2, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the Building Code is amended by adding subsection 106.4.3.1 to read as follows:
106.4.3.1 Construction Debris Control. The Federal Clean Water Act prohibits the discharge
of any material other than storm runoff to the storm sewer system.
The City streets adjacent to or serving all properties in West Hollywood
are part of the storm sewer system. It shall be the responsibility
of the owner of property upon which construction work, of any type,
takes place to provide a plan for controlling discharges of construction
debris in order to prevent the discharge of such debris to the storm
sewer system. No construction work shall take place until such plan
is approved by the Director of Public Works or his/her designee.
Where feasible, the area for containment of debris shall be
located upon the same lot where the construction is to take place.
Due to the topographic nature of the city, certain on-site locations
may not be feasible. In such cases as determined by the Director of
Public Works or his/her designee, the owner or contractor may obtain
an encroachment permit to establish the area of containment in the
street in front of the property, subject to all conditions imposed
as part of the permit. For the purposes of this section, construction
debris shall be considered to include liquid, cementitious, organic,
or earth materials. The plan for controlling construction debris shall
establish a work area for trades which require water to produce their
work. Such area shall be dyked or excavated to prevent water borne
debris from leaving the construction site.
Products of such activity shall be properly disposed of in accordance
with all applicable laws prior to final approval of the building permit.
These products include without limitation, brick dust, concrete spoil,
stucco spoil, and similar materials.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, subsection 106.4.1 is amended by adding a new paragraph to read as follows:
9.
Contain adequate evidence as required by the Director of Planning
and Community Services or his/her designee that the proposed construction
fully complies with all applicable provisions of the zoning ordinance.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the Building Code is amended by adding a new subsection 106.5.4.1 (Renewal of Expired Permits) to Section 106.5.4 to read as follows (Section 106.5.4 remains unchanged):
106.5.4.1 Renewal of Expired Permits. For a permit where construction commenced and stopped
beyond the deadline provided in Section 106.5.4, a permittee may request
a renewal permit when all of the following have been satisfied:
(a)
The Building Official has determined that approval of such a
request is in the public interest to safeguard the public health,
safety and general welfare of the community.
(b)
No changes have been made or will be made in the original plans
and specifications for such work approved by the City.
(c)
Construction has successfully completed framing, and more than
50% of rough trade and exterior finishes are completed and inspected,
and the completed construction would still pass these inspections
when the renewal is issued.
(d)
A letter, designating the project contractor and designer(s)
of record in charge, is submitted to the Building Official as required
by Section 106.4.4.1.
(e)
The applicant pays a fee equal to one-half the amount required
for a new building permit.
(f)
An applicant issued a renewal shall be required to show the
Building Official substantial progress in the form of a valid inspection
every 180 days as required by Section 106.5.4. The first 180-day period
shall be measured from the date of renewal. A renewal issued under
this section shall expire no later than three years from the date
of renewal. If the permit is allowed to expire, no additional extensions
will be considered and the applicant shall file a new application,
resubmit plans and specifications and pay a new plan check fee.
(g)
All other approved electrical, plumbing, mechanical and other
issued permits associated with the building permit shall be extended
concurrently when fees equal to one-half these original trade permit
fees are paid.
(Ord. 24-04U, 3/18/2024; Ord.
24-07, 4/1/2024)
Notwithstanding the provisions of Section 13.04.010, Section 113.2 of the Building Code is amended to read as follows:
113.2 Scope. The provisions of this section shall apply only to permits for buildings or structures on individual lots or parcels and are not intended to be supplementary to geologic investigations required to qualify divisions of land as set forth in Title 19 of the West Hollywood Municipal Code.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the fifth paragraph of Section 113.5 of the Building Code is amended to read as follows:
The Building Official may require a more extensive investigation
by a professional geologist as to the absence of a known active earthquake
fault prior to the issuance of a permit for Groups A, B, E, F, H,
M, R-l, R-2, and I occupancies; and S Occupancies over one story in
height.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the Building Code is amended by adding the following:
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RELOCATION PERMITS
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A.
Relocation Building Permit Required. A person
shall not move onto any premises, a building or structure until such
person first secures a relocation building permit as hereinafter provided.
B.
Relocation Building Permit Not Required. A permit is not required where the only relocation involved is that
of moving a building temporarily to the regularly occupied business
premises of a house mover, nor, for a contractor's tool house, construction
building or similar structure which is moved as construction requires.
C.
Application. Every application to the Building
Official for a relocation building permit shall be in writing on a
form furnished by the Building Official and shall set forth such information
as the Building Official may reasonably require in order to carry
out the purpose of this Chapter.
D.
Investigation Required. Every application
to the Building Official for a relocation building permit shall be
accompanied by a rendering, perspective drawing or other illustration
acceptable to the Building Official showing, in color, the appearance
of the completed building on the proposed site. If there is to be
no substantial change of the exterior of the building in its new location,
and if a photograph or photographs taken at the existing site will
adequately represent the appearance of the completed building on the
proposed site, the Building Official may waive the requirement of
a rendering or equivalent drawing.
In addition, the Building Official may require the submission
in connection with a relocation building permit application, of such
plan, photographs and other substantiating data, and may cause to
be made any investigation which the Building Official deems necessary
and helpful in determining any matters presented by the application.
E.
Application Fees. The applicant for a relocation
building permit shall pay an application and investigation fee in
an amount determined by resolution of the City Council to the Building
Official for inspection of building at its present location and investigation
of the proposed site.
F.
Permit Fees. Relocation building permit
fees for repairs or alterations to the relocated building shall be
required in an amount determined by resolution of the City Council.
G.
Issuance Of Permit. If the condition of
the building or structure, in the judgment of the Building Official,
admits of practicable and effective repair, the Building Official
may issue a relocation building permit to the owner of the property
where the building or structure is to be located upon conditions as
hereinafter provided; otherwise the permit shall be denied.
H.
Prohibited Buildings. Except as otherwise
provided in this Chapter, the Building Official shall not issue a
relocation building permit for any building or structure which:
1.
-
is so constructed or in such condition as to be dangerous.
2.
-
is infested with pests or is unsanitary.
3.
-
if it be a dwelling or habitation, is unfit for such use.
4.
-
is so dilapidated, defective, unsightly or in such a condition of
deterioration or disrepair that its relocation at the proposed site
would cause appreciable harm to or be materially detrimental to the
property or improvements in the district within a radius of 1,000
feet from the proposed site.
5.
-
if the proposed use is prohibited by the City of West Hollywood Zoning
Ordinance.
6.
-
if the structure is of a type prohibited at the proposed location
by this or any other law or ordinance.
7.
-
because of age, size, design or architectural treatment, does not
substantially conform to the design, plan and construction of the
buildings located in the district within a radius of 1,000 feet from
the proposed site so that its relocation would be detrimental to the
property or improvements in said district.
I.
Appeals. If the Board of Appeals deems it
necessary or expedient to do so, it may set any such application for
hearing before a member of the Board or representative thereof and
cause such notice of the time, place and purpose thereof to be given
as the Board may deem appropriate. Thereafter, the findings of said
hearing shall be reported to the Board for its consideration along
with any other information before it.
J.
Conditions of Permit. The Building Official,
in granting any relocation building permit may impose thereon such
terms and conditions as he or she deems reasonable and proper. These
terms and conditions shall include, but are not limited to, compliance
with provisions of this Code for new buildings or structures to the
extent that is reasonable and practical for the period of time required
to complete all work; the requirement of changes, alterations, additions
or repairs to be made to or upon the building or structures, to the
end that the relocation thereof will not be materially detrimental
or injurious to public safety, public welfare or to the property and
improvements, or either in the district, as hereinabove limited, to
which it is to be relocated.
K.
Unfinished Relocated Buildings or Structures. Where the work required to be done pursuant to the terms and conditions
of a relocation building permit has not been performed within the
period of time allowed by such permit, nor within the extension of
time granted thereto in writing by the Building Official, the building
or structure shall be deemed and is hereby found to be substandard,
and the nuisance shall be abated in accordance with provisions of
Chapter 99 of this Code.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the Building Code is amended by adding the following:
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FIRE SAFETY STANDARDS
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FOR EXISTING GROUP R, DIVISION 1 and 2 OCCUPANCIES
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A.
Purpose. The purpose of this Chapter is
to provide a reasonable degree of fire safety for persons living and
sleeping in apartment houses and hotels by requiring alterations to
such existing buildings erected prior to April 10, 1933, which do
not conform to the minimum existing shaft enclosure and corridor protection
requirements of this Code.
B.
Scope. The provisions of this Chapter apply
to existing buildings more than two stories in height erected prior
to April 10,1933, and which contain Group R, Division 1 Occupancies.
The provisions of this Chapter shall not authorize the modification
of existing buildings or portions thereof which provide a greater
degree of protection against fire than the requirements established
by this Chapter.
C.
Corridor Walls and Openings. The walls of
every public corridor shall be protected by one-hour fire-resistive
construction provided, however, that existing walls constructed of
wood lath and plaster, and which are in good condition will be acceptable
in lieu thereof.
Transoms and openings other than doors from public corridors
to guest rooms and dwelling units shall be permanently closed and
solidly covered with material which will provide the same degree of
fire resistiveness as shall be provided by adjacent corridor walls.
All door openings from public corridors to guest rooms and dwelling
units shall be provided the same degree of fire resistiveness as shall
be provided by adjacent corridor walls or a 1-3/4 inch solid-core
door or its equivalent.
D.
Stairway Enclosures. All interior stairways
shall be enclosed with walls of not less than one-hour fire-resistive
construction provided, however, that existing enclosure walls constructed
of wood lath and plaster which are in good condition will be accepted
in lieu of one-hour fire-resistive construction.
Openings into stairway enclosures shall be protected by a self-closing
fire assembly having a one-hour fire-protection rating provided, however,
that a self-closing 1-3/4 inch solid-core wood door will be accepted
in lieu of a one-hour fire-rated door.
1.
EXCEPTIONS:
Stair shaft enclosures may be omitted if all stairways, hallways,
exit ways and closet or storage areas adjacent thereto are sprinklered.
No basement sprinklers will be required by reason of this exception
where none exist if one-hour fire-resistive partitions with 1 inch
self-closing solidcore doors are provided so that a fire originating
in the basement cannot spread directly to any adjoining floor or story.
Portions of a building containing occupancies other than Group R,
Division 1 and 2 Occupancies need not be sprinklered by reason of
this exception, provided all such portions are separated from the
Group R, Division 1 and 2 Occupancies by conforming occupancy separation
walls and floors.
Stair shaft enclosures may be omitted if one-hour fire-resistive
partitions with 1 inch selfclosing solid-core doors are placed in
all stairwell openings so that a fire originating on any floor or
story cannot spread directly to any adjoining floor or story; and
provided further that a low-voltage fire warning system acceptable
to the Fire Department is installed throughout the building in connection
with the installation of fire-resistive partitions.
E.
Number of Exits. Every apartment and every
other sleeping room shall have access to not less than two exits.
A fire escape as specified herein may be used as one required exit.
F.
Fire Escapes. Fire escapes may be used as
one means of egress, if the pitch does not exceed 60 degrees, the
width is not less than 18 inches, the treads are not less than 4 inches
wide, and they extend to the ground. Access shall be by an opening
having a minimum dimension of 29 inches when open. The sill shall
not be more than 30 inches above the floor and landing.
G.
Existing Conditions.
1.
Existing
means of exit, including fire escapes, are acceptable where they exist
in the required number and are maintained in good condition.
2.
No
standpipes will be required where none exist.
3.
No
emergency exit way illumination will be required where none exists.
4.
Dead-end
corridors not over 20 feet in length may have access to a second exit
through a stair shaft enclosure.
5.
Fire-protection
alarms, if nonexistent, shall not be required in an apartment house
or hotel erected for such use prior to April 10, 1933, unless required
to comply with the provisions of this Chapter.
H.
Enclosure of Vertical Openings. Elevators,
shafts, ducts and other vertical openings shall be enclosed as required
for stairways in this Chapter or by wired glass set in steel frames.
Doors shall be noncombustible, or as regulated in Section 9704.
I.
Exit Signs. Exit doorways and changes in
direction of a corridor shall be marked by exit signs having the letters
at least 5 inches high. The exit signs shall be lighted by self-contained
lights or by the exit way illumination.
J.
Notifications. Whenever the Building Official
determines by inspection that a building does not conform to the requirements
of this Chapter, the Building Official shall give to the party concerned
a written order that such building be repaired and modified so as
to conform to such requirements.
The order shall specify in what manner the subject building
fails to meet the requirements of this Chapter and shall direct that
required permits shall be secured and work shall be started within
90 days and all necessary corrections shall be made within 270 days
after service thereof.
K.
Service of Order. Proper service of an order
provided for in this Chapter shall be by personal service or by registered
or certified mail upon every party concerned and by posting on the
building a copy of the order. It shall be deemed a reasonable effort
has been made to serve such order when registered or certified letters
have been mailed to the address of the interested party as shown on
the official record. When an address is not so listed or contact cannot
be made at the listed address, the service shall be by posting on
the building a copy of the notice.
The designated period within which the owner or person in charge
is required to comply with such order shall begin as of the date the
owner or person in charge receives such order by personal service
or registered mail. If such order is by posting, the designated period
shall begin 10 days following the date of posting.
Failure of any owner, party concerned or other person to receive
such order shall not affect the validity of any proceedings taken
hereunder.
L.
Party Concerned. As used in this Chapter,
party concerned means the person, if any, in real or apparent charge
and control of the premises involved, the record owner, the holder
of any mortgage, trust deed or other lien or encumbrance of record,
the owner or holder of any lease of record, the record holder of any
other estate or interest in or to the building or structure or the
land upon which it is located. As used in this paragraph all reference
to record means matters of record in the Department of Registrar-Recorder
which definitely and specifically describes the premises involved.
M.
Recordation. At the time the Building Official
serves the aforementioned order, the Building Official shall file
with the Department of Registrar Recorder a certificate stating that
the subject building does not meet the requirements of this Chapter
and that the party concerned has been so notified.
After all necessary corrective work has been performed; the
Building Official shall file with the Department of Registrar-Recorder
a certificate terminating the status of the subject building as nonconforming
to the requirements of this Chapter.
N.
Permits. The owner shall obtain all necessary
permits within 90 days of the receipt of the notification provided
for in Section 9704.
O.
Enforcement. If the owner or other person
in charge and control of the subject building fails to obtain the
necessary permits and commence work within 90 days of the aforementioned
order or to make all necessary corrections within 270 days of the
aforementioned order, the Building Official shall order that the building
be vacated and that the building remain vacated until all required
corrective work has been completed.
P.
Smoke Detectors. Smoke detectors approved
and listed by the State Fire Marshal shall be installed in apartment
houses and hotels when required by the local Fire Department acting
as the local enforcement agency for the State Fire Marshal.
Smoke detectors shall be installed in locations acceptable to
the Fire Department and in accordance with the manufacturer's instructions.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the Building Code is amended by amending Section 9906 to read as follows:
9906. Building Rehabilitation Appeals Board. In order to hear appeals provided for in Chapter 98
and in this Chapter, the City Council shall act as the Building Rehabilitation
Appeals Board.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 20-1118 § 2, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, the Building Code is amended by amending Section 9924.1 to read:
9924.1. When the Board finds
that any property is substandard property, it is hereby declared a
public nuisance and based upon its findings, the Board shall order
the abatement of the nuisance by such means as the Board deems most
feasible. If such means includes the removal of any vehicle or any
part thereof, such order shall include a description of such vehicle
and the correct identification number and license number, if available
at the site. The Board shall further order that a fee in an amount
determined by resolution of the City Council be assessed against the
property owner to reimburse the City for costs incurred in investigation,
processing and administrative expenses to be collected pursuant to
Sections 9928 and 9929.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
a.
Compliance with Code. It shall be unlawful for any person
to erect, construct, enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, use, occupy or maintain any building or
structure or perform any grading in the City of West Hollywood, or
cause the same to be done, contrary to or in violation of any of the
provisions of the Building Code.
b.
Penalty. Any person, firm or corporation violating any of
the provisions of the Building Code shall be deemed guilty of a misdemeanor,
and each such person shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation
of any of the provisions of the Building Code is committed, continued
or permitted, and upon conviction of any such violation such person
shall be punishable by a fine of not more than $1,000 or by imprisonment
in the County Jail for a period of not more than six months, or by
both such fine and imprisonment.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
Notwithstanding the provisions of Section 13.04.010, fees for plan check, inspection and all other miscellaneous services shall be based on the fee schedule as approved by resolution of the City Council.
(Ord. 10-862U § 1, 2010; Ord. 13-929U § 1, 2013; Ord. 16-994U § 1, 2016; Ord. 19-1095 § 1, 2020; Ord. 22-1202 § 1, 2022)
