Except as hereinafter provided, Title 26, Building Code, of
the Los Angeles County Code, adopting the
California Building Code,
2022 Edition (Part 2 of Title 24 of the
California Code of Regulations),
as amended and in effect on January 1, 2023, is adopted 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 Malibu.
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
R occupancy and including Chapters 1, 2, 3, 98 and 99 shall constitute
and may be cited as the housing code of the city of Malibu.
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 Malibu 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 Malibu and shall be at all times maintained
by the city clerk for use and examination by the public.
(Prior code § 8100; Ord. 144U § 1, 1995; Ord. 192 § 1, 1999; Ord.
242U § 1, 2002; Ord. 318 § 1, 2007; Ord. 354 § 2,
2011; Ord. 377 § 2, 2013; Ord. 377U § 2, 2013; Ord. 413U § 2, 2016; Ord. 457 § 2, 2020; Ord. 503U § 2, 2022)
Notwithstanding the provisions of Section
15.04.010, whenever any of the names or terms defined in this section are used in this code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section.
"Abandonment"
shall be the failure to obtain approval for a required inspection
as described in Section 108 of the Building Code. This definition
does not apply to special inspections described in Section 108.6,
unless previously agreed upon in writing by the permittee and the
building official.
"Board of appeals"
means the board of appeals established by Section 105 of
the Malibu building code.
"County engineer"
means the building official or his or her duly appointed
representative.
"Demolition"
shall be the elimination of use of any structure regulated
by the Malibu building code as defined in Chapter 3 of said code by
removal of load bearing walls or other building elements to the point
that the structure cannot support itself without jacks, shoring or
temporary means and no longer meets the use definition of the assigned
occupancy group.
"Renovation"
means an alteration of an existing permitted structure regulated
by the building code that does not eliminate the primary use of the
structure as defined in Chapter 3 of the Malibu building code for
a period not to exceed 180 days. Jacks, shoring and other temporary
structures may be used to support loads but shall be installed for
a period not to exceed 180 days. Areas to be supported on temporary
structures shall be clearly identified on the plans. The building
official is to be notified when temporary structures are installed
and they may be field verified. Work that cannot be completed within
the time frame or exceeds the scope to this definition may result
in permit suspension or revocation.
"Repair"
means the reconstruction of an existing structure or portion
of a structure regulated by the building code in substantial conformance
with the original construction. This does not mean an increase in
square footage, height or modification to existing elevations.
"Special inspector"
means a person holding a valid certificate of registration
issued by the county of Los Angeles as set forth in Section 1701 of
the building code, or a person otherwise determined to be qualified
by the building official.
"Trailer coach"
means a vehicle with or without motive power, constructed
to travel on a public thoroughfare at the maximum allowable speed
in accordance with the provisions of the vehicle code, and is customarily
used for living or sleeping purposes.
(Prior code § 8101; Ord. 144U § 1, 1995)
Notwithstanding the provisions of Section
15.04.010, every fee provision set forth in Title 26, Building Code, of the Los Angeles County Code, including, but not limited to, Section 107, is replaced with this section, providing those fees are as established in the current city of Malibu fee schedule approved by resolution of the city council.
(Prior code § 8102; Ord. 144U § 1, 1995; Ord. 457 § 3, 2020; Ord.
503U § 3, 2022)
Every person violating any provision of Title 26 of the Los Angeles County Code and appendices, adopted by reference by Section
15.04.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
(Prior code § 8106; Ord. 192 § 2, 1999; Ord.
242U § 2, 2002; Ord. 325 § 12, 2008; Ord. 354 § 2, 2011; Ord. 377 § 3,
2013; Ord. 377U § 3, 2013; Ord. 413U § 3, 2016; Ord. 457 § 4, 2020; Ord. 503U § 4, 2022)
Notwithstanding the provisions of Section
15.04.010 of this Chapter, Title 26 of the Los Angeles County Code is hereby amended to read as follows:
A. Section
105.1.1 is hereby amended to read as follows:
105.1.1. General. Unless otherwise provided for
below, in order to conduct the hearings provided for in this code
and also to determine the suitability of alternate materials and types
of construction and to provide for reasonable interpretations of the
provisions of this code, there shall be a building board of appeals
consisting of five members who are qualified by experience and training
to pass upon matters pertaining to building construction. The building
official shall be an ex officio-member and shall
act as secretary to the board. The members of the building board of
appeals shall be appointed by the City Council and shall hold office
at its pleasure. The building board of appeals shall adopt reasonable
rules and regulations for conducting its investigations. The board
shall establish that the approval for alternate materials and the
modifications granted for individual cases are in conformity with
the intent and purpose of this code and that such alternate material,
modification or method of work offered is at least the equivalent
of that prescribed in this code in quality, strength, effectiveness,
fire resistance, durability, safety and sanitation and does not lessen
any fire-protection requirements or any degree of structural integrity.
The building board of appeals shall document all decisions and findings
in writing to the building official with a duplicate copy to the applicant,
and the board may recommend to the City Council such new legislation
as is consistent therewith.
B. Section
105.3 is hereby deleted in its entirety.
C. Section
105.6 is hereby deleted in its entirety.
D. Section
106.1.1 is hereby added to Title 26 of the Los Angeles County Code
to read as follows:
106.1.1. Parking Lots. A plan review and permit
shall be required for the surfacing, resurfacing, replacement, reconfiguration
and striping of parking lots and parking structures serving commercial
and multifamily occupancies.
Any of the aforementioned activities in or on existing parking
lots must comply with current zoning, the National Pollution Discharge
Elimination System (N.P.D.E.S.) permit program and accessibility requirements
as required by applicable codes and standards. Fees are determined
by the current fee schedule.
E. Section
106.3 is hereby amended to read as follows:
106.3 Work Exempted. A building permit shall not
be required for the following:
1. One-story
detached accessory buildings used as tool and storage sheds, playhouses
and similar uses, provided the projected roof area does not exceed
120 square feet and the plate height does not exceed 12 feet (3.69
m) in height above the grade plane at any point and the maximum roof
projection does not exceed 24 inches.
2. Fences
and walls not over 6 feet (1,829 mm) in height.
3. Steel
tanks supported on a foundation not more than two feet (610 mm) above
grade when the height does not exceed 1½ times the diameter.
4. Gantry
cranes and similar equipment.
5. Retaining
walls that retain not over 4 feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding a Class I, II, or III-A liquids.
6. Motion
picture, television and theater stage sets and scenery, except when
used as a building.
7. Flagpoles
not erected upon a building and not more than 15 feet (4,572 mm) high.
8. A
tree house provided that:
8.1. It does not exceed 64 square feet (5.94
m2) in area nor 8 feet (2,438 mm) in height
from floor to roof.
8.2. The ceiling height as established by door height
or plate line does not exceed 6 feet (1,829 mm).
8.3. Any structural components are not supported by grade.
9. Canopies
or awnings attached to a Group R or U Occupancy and extending not
more than 54 inches (1,372 mm) from the exterior wall of the building
and are not encroaching into the public right-of-way. Canopies or
awnings shall be light weight construction (not to exceed five pounds
per square foot).
10. Sheds or storage buildings, and other structures incidental to and
work authorized by a valid grading or building permit. Such structures
must be removed upon expiration of the permit or completion of the
work covered by the permit.
12. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy
in which the pool walls are entirely above the adjacent grade and
if the capacity does not exceed 1,000 gallons (3,785 L). Fences, gates,
door alarms, and other protection devices that are accessory to the
prefabricated swimming pool are not exempt from the permit requirements.
Unless otherwise exempted, separate plumbing, electrical and
mechanical permits will be required for the above-exempted items.
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Exemption from the permit requirements of this Code shall not
be deemed to grant authorization for any work to be done in any manner
in violation of the provisions of other laws or ordinances.
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F. Section
107.9 is hereby deleted in its entirety.
G. Section
108.1.1 is hereby added to Title 26 of the Los Angeles County Code
to read as follows:
108.1.1. Occupancy Inspection. All existing commercial
occupancies are required to apply for an occupancy inspection prior
to occupancy of a building or tenant space by a new owner or occupant.
Upon successful completion of the occupancy inspection the Building
Official shall issue a new certificate of occupancy to the building
or tenant space as required in Section 109 of the California Building
Code.
The certificate of occupancy issued will remain valid and in
effect until a change of occupant occurs or is revoked for cause by
the Building Official or as required by this code.
Fees determined by the current fee schedule.
H. Section
108.4.2 is hereby amended to read as follows:
108.4.2. Foundation Inspection. Inspection shall
be made after excavations for footings are complete and any required
reinforcing steel is in place. For concrete foundations, any required
forms shall be in place prior to inspection. All materials for the
foundation shall be on the job site; however, where concrete is ready
mixed in accordance with approved nationally recognized standards,
the concrete need not be on the job site. Where the foundation is
to be constructed of approved treated wood, additional inspections
may be required by the building official. Required setback and pad
elevations shall be established by survey prior to approval by the
Building Official.
I. Section
108.4.6 is hereby amended to read as follows:
108.4.6. Final Inspection. Inspection shall be
made after finish grading is approved and the building is completed
and ready for occupancy and all other required agency approvals have
been obtained.
(Ord. 242U § 3, 2002; Ord. 318 § 2, 2007; Ord. 354 § 2, 2011; Ord. 377U § 4, 2013; Ord. 377 § 4, 2013; Ord.
413U § 4, 2016; Ord. 457 § 5, 2020; Ord. 503U § 5, 2022)