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.
"Building department"
means the city environmental and building safety department.
"Building official and engineer"
means the person designated to act as building official by the city.
"City council" or "board of supervisors"
means the city council unless the context requires otherwise.
"County" or "county of Los Angeles" or "unincorporated territory of the county of Los Angeles"
means the city of Malibu.
"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.
"Electrical code"
means the electrical code of the city.
"Fire code"
means the fire code of the city.
"Fire department"
means Los Angeles County forester and fire warden.
"General fund"
means the city treasury.
"Health code" or "Los Angeles County health code"
means the health code of the city.
"Health officer"
mean the health officer of the city.
"Los Angeles County flood control district"
means department of public works of the city.
"Mechanical code"
means the mechanical code of the city.
"Plumbing code"
means the plumbing code of the city.
"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.
"Road commissioner"
means the city engineer.
"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.
Suspension.
See "Abandonment."
"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.
11. 
Oil derricks.
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.
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.
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)
A. 
Purpose. The purpose of this section is to reduce the risks of fires caused by leaks in fuel gas piping caused from earthquakes by the use of seismic gas shutoff valves.
B. 
Scope. The provisions of this section shall apply to:
1. 
Any new building or structure with fuel gas piping, for which an application for permit for construction was first submitted on or after January 1, 2011.
2. 
Any existing building or structure with fuel gas piping for which an application for alteration or addition is submitted on or after January 1, 2011, when such alteration or addition is valued at more than $10,000.
3. 
Any existing building or structure with fuel gas piping for which an agreement for sale or exchange was first entered into on or after January 1, 2011.
C. 
Definitions. For the purpose of this section, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used.
"Agreement of sale or exchange"
shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.
"Application for permit"
means a written document submitted to the city in order to obtain a permit to erect, construct, enlarge, alter, repair, move, improve, convert or remove a portion of any building, structure or building service equipment including but not limited to combination building permits and single trade permits.
"Customer-owned gas piping"
means all parts of the gas piping system downstream of the gas utility point of delivery, including, but not limited to, downstream of the gas utility meter and service tee (also known as a bypass tee).
"Seismic gas shutoff valve"
means a seismic gas shutoff valve installed on customer-owned gas piping certified by the State Architect pursuant to Section 19202 of the Health and Safety Code. Notwithstanding any other provision of law, "seismic gas shutoff valve" does not include any valve installed on a gas distribution system owned or operated by a public utility.
D. 
Duty to Install and Maintain Valve. The owner of any building or structure or subject to the provisions of this section shall obtain a permit, install and maintain a seismic gas shutoff valve on the customer owned gas piping when one of the triggering events specified in subsection B of this section occurs.
1. 
For agreement of sale or exchange or qualifying alterations or additions to individual condominium units, the owner of the individual condominium shall obtain a permit, install and maintain a seismic gas shutoff valves on the portion of the customer owned gas piping that serves the individual condominium unit if such a valve does not exist on the customer owned gas piping that serves the entire building.
2. 
Seismic gas shutoff valves installed prior to January 1, 2011, on either customer owned gas piping or on a gas distribution system owned or operated by a public utility, are deemed to comply with the requirements of this section provided they remain installed and maintained according to the terms of their original approval.
E. 
Unreasonable Hardship. The building official may grant exceptions to the provisions of this section when legal, physical or economic constraints will not allow compliance without creating an unreasonable hardship. Unreasonable economic hardship shall be deemed to exist when the building official determines that the fair market value of the cost of installation of the seismic gas shutoff valve exceeds 20% of the valuation of other alterations being proposed.
F. 
Effect on Sale and Exchange of Property. No sale or exchange of property shall be invalidated solely because of the failure of any person to comply with any provision of this section unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this section.
G. 
Incentives. Permits issued solely to complete the work required by this section shall be at no cost to the applicant.
H. 
Administrative Regulations. The building official shall have the authority to promulgate and or adopt administrative regulations to implement the provisions of this section.
(Ord. 353 § 2, 2010)