Except as hereinafter provided, Title 33, Existing Building
Code, of the Los Angeles County Code (hereinafter the "Existing Building
Code"), as amended and in effect on January 01, 2023, adopting the
California Existing Building Code, 2022 Edition (Part 10 of Title
24 of the
California Code of Regulations), incorporating Sections
102 through 119 of Chapter 1, of Title 26 of the Los Angeles County
Code, Chapters 2 through 5, 15, 16, and Appendix A, Chapters A1, A3,
A4, and A5, are hereby adopted by reference and shall constitute and
may be cited as the Existing Building Code of the City of West Hollywood.
In the event of any conflict between provisions of the California Existing Building Code, 2022 Edition, Title 26, 27, 28, 29, 30, 31 or 32 of the Los Angeles County Code, Title
19 of the West Hollywood Municipal Code or any amendment to the Existing Building Code contained in this Chapter, the most restrictive requirements shall prevail.
A copy of Title 33 of the Los Angeles County Code and the California
Existing Building Code, 2022 Edition, have been deposited in the office
of the City Clerk and shall be at all times maintained by the Clerk
for use and examination by the public.
(Ord. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)
Notwithstanding the provisions of Section
13.26.010, whenever any of the following names or terms are used in the Existing Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
"Board of Appeals"
shall mean the board of appeals established in Section 105
of the West Hollywood Building Code.
"Building Department"
shall mean the City of West Hollywood Building and Safety
Division of the Planning and Development Services Department.
"County Engineer"
shall mean the Building Official of the City of West Hollywood
or his/her duly appointed representative.
"Electrical Code"
shall mean the Electrical Code of the City of West Hollywood as contained in Chapter
13.08 of this Code.
"Fire Code"
shall mean the Fire Code of the City of West Hollywood as contained in Chapter
14.04 of this Code.
"General fund"
shall mean the city treasury of the City of West Hollywood.
"Mechanical Code"
shall mean the Mechanical Code of the City of West Hollywood as contained in Chapter
13.16 of this Code.
"Plumbing Code"
shall mean the Plumbing Code of the City of West Hollywood as contained in Chapter
13.12 of this Code.
"Residential Code"
shall mean the Residential Code of the City of West Hollywood as contained in Chapter
13.20 of this Code.
"Special inspector"
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. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)
Notwithstanding the provisions of Section
13.26.010, subsection 105.1.1 of the Existing 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 Chapters 98 and 99, the City Council shall act as
the board of appeals.
(Ord. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)
Notwithstanding the provisions of Section
13.26.010, the Existing Building Code is amended by adding subsection 106.2.7 to read as follows:
106.2.7 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. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)
Notwithstanding the provisions of Section
13.26.010, subsection 105.3 of the Existing Building Code is amended by adding a new paragraph 8 to read as follows:
8.
Contain adequate evidence as required by the Director of Planning
and Development Services or his/her designee that the proposed construction
fully complies with all applicable provisions of the zoning ordinance.
(Ord. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)
Notwithstanding the provisions of Section
13.26.010, Section 101.3 of the Existing Building Code is amended to read as follows:
101.3 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. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 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 Existing Building Code.
b. Penalty. Any person, firm or corporation violating any of
the provisions of the Existing 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. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)
Notwithstanding the provisions of Section
13.26.010, fees for plan check, inspection and all other miscellaneous services shall be based on the fee schedule or as approved by resolution of the City Council.
(Ord. 16-994U § 7, 2016; Ord. 19-1095 § 7, 2020; Ord. 22-1202 § 7, 2022)