(a) 
Title. This chapter shall be known as the "Downey Administrative Building and Housing Code.
(b) 
Scope. The provisions of this chapter shall serve as the administrative, organizational and enforcement rules and regulations for all of this title and the property maintenance guidelines in Chapter 5.
Exemption for Pending Applications. This chapter shall not apply to any building or structure for which application for a plan check, construction or demolition was made prior to January 1, 2020. Such buildings or structures shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions in effect at the date of said application.
(c) 
Intent. The purpose of this chapter is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress, facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
(d) 
Referenced Codes. The Codes listed in this section and referenced elsewhere in this chapter, shall be considered part of the requirements of the municipal code to the prescribed extent of each such reference.
(1) 
Building Code. The provisions of this code shall apply to the constructions, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structures or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one and two family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.
(2) 
Residential Code. Detached one and two family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.
Exception: the following shall be permitted to be constructed in accordance with the California Residential Code where the provided with a residential fire sprinklers system complying with California Residential Code Section R313:
(i) 
Live/work units complying with the requirements of Section 419 of the California Building Code.
(ii) 
Owner-occupied lodging houses with five or fewer guestrooms.
(iii) 
A care facility with five or fewer persons receiving custodial care within a dwelling unit.
(iv) 
A care facility for five or fewer persons receiving medical care within the dwelling unit.
(v) 
A care facility for five or fewer persons receiving care that are within the dwelling unit.
(3) 
Electric Code. The provisions of this code shall apply to the constructions, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structures or any appurtenances connected or attached to such buildings or structures.
(4) 
Gas. The provisions of the California Mechanical Code, California Code of Regulations, Title 24, Part 4 and/or the California Plumbing Code, California Code of Regulations, Title 24, Part 5 shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
(5) 
Mechanical. The provisions of the California Mechanical Code, California Code of Regulations, Title 24, Part 4 shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
(6) 
Plumbing. The provisions of the California Plumbing Code, California Code of Regulations, Title 24, Part 5 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.
(7) 
Fire Prevention. The provisions of the California Fire Code, California Code of Regulations, Title 24, Part 9 as amended by Downey Municipal Article III Chapter 3 shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
(8) 
Energy. The provisions of the California Energy Code, California Code of Regulations, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.
(9) 
Historical. The provisions of the California Historical Building Code, California Code of Regulations, Title 24, Part 8 shall apply to the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties (Chapter 8-2 of CHBC). The intent of the CHBC is to facilitate the preservation and continuing use of qualified historical buildings occupants and access for persons with disabilities.
(10) 
Existing Buildings. California Existing Building Code, California Code of Regulations, Title 24, Part 10, as amended by this code, shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
(11) 
Green Building. California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, as amended by this code, shall apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the State of California. It is not the intent that this code substitute or be identified as meeting the certification requirements of any green building program.
(12) 
Referenced Standards. California Referenced Standards Code, California Code of Regulations, Title 24, Part 12 shall apply to recognized standards for various methods of construction, testing of materials and installations of materials and systems.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(b) 
Other Laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, State or federal law.
(c) 
Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter.
(d) 
Referenced Codes and Standards. The codes and standards referenced in the codes shall be considered part of the requirements listed in this section to the prescribed extent of each such reference and to further regulated in this section.
(1) 
Conflicts. Where conflicts occur between provisions listed in this chapter and referenced codes or standards, the provisions of the code shall apply.
(2) 
Provisions in referenced codes and standards. Where the extent of the referenced to a referenced code or standard includes subject matter that is within the scope listed in this chapter, the provisions of this chapter, as applicable, shall take precedence over the provisions of the referenced code or standard.
(e) 
Partial Invalidity. If any part or provision of this chapter is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
(f) 
Existing Structures. The legal occupancy of any structure existing on the date of adoption of the ordinance codified in this chapter shall be permitted to continue without change, except as is specifically covered in this chapter.
(1) 
Building not previously occupied. A building of portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completions shall comply with the provisions of the California Building Code or California Residential Code, as applicable, for new construction or with any current permit for occupancy.
(2) 
Building previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided on this code, the California Fire Code or California Existing Building Code, or as is deemed necessary by the Building Official for general safety and welfare of the occupants and the public.
(3) 
Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Creation of Enforcement Agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official.
(b) 
Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction.
(c) 
Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a Deputy Building Official, related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the California Existing Building Code.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
General. The Building Official is hereby authorized and directed to enforce the provisions listed in Section 8999.20(d). The Building Official shall have the authority to render interpretations of the Codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose listed in Section 8999.20(d). Such policies and procedures shall not have the effect of waiving requirements specifically listed in Section 8999.20(d).
(b) 
Applications and Permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, alteration, and demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the codes.
(1) 
Determination of Substantially Improved of Substantially Damaged Existing Buildings and Structures in Flood Hazard Areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial improvements listed in Section 8999.20(d), the Building Official shall require the building to meet the requirements of California Building Code Section 1612 and California Residential Code Section R322.
(c) 
Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with the codes.
(d) 
Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(e) 
Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under the California Codes listed in Section 8999.20(d).
(f) 
Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the California Codes listed in Section 8999.20(d), or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the codes which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the codes; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
(g) 
Department Records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
(h) 
Liability. The Building Official, member of the Board of Appeals or employee charged with the enforcement of the codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the California Codes listed in Section 8999.20(d) or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
(1) 
Legal Defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the California Codes listed in Section 8999.20(d) shall be defended by legal representative of the City until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the codes.
(i) 
Approved Materials and Equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval.
(1) 
Used Materials and Equipment. Materials that are used shall meet the requirements of California Codes listed in Section 8999.20(d) for new materials. Used equipment and devices shall not be reused unless approved by the Building Official.
(j) 
Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the California Codes listed in Section 8999.20(d), the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of the codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
(1) 
Flood Hazard Areas. The Building Official shall not grant modifications to any provision required in flood hazard areas as established by California Building Code Section 1612.3 or California Residential Code Section R302.2(1) unless a determination has been made that:
(i) 
A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of California Building Code Section 1612 or California Residential Code Section R322 inappropriate.
(ii) 
A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
(iii) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict existing laws or ordinances.
(iv) 
A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
(v) 
Submission to the applicant of written notice specifying the difference between the design flood elevation and elevation to which the building is to be commensurate with the increased risk result from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
(k) 
Alternative Materials, Design and Methods of Construction and Equipment. The provisions of the codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of the codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the codes in quality, strength, effectiveness, fire resistance, durability and safety.
(1) 
Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the codes, shall consist of valid research reports from approved sources.
(2) 
Tests. Whenever there is insufficient evidence of compliance with the provisions of the codes, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in the codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.
(b) 
Work Exempt from Permit. Exemptions from permit requirements of the codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
(1) 
Building:
(i) 
One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).
(ii) 
Walls/Fences not over forty-two inches (42″) (1,067 mm) high measured from the top wall/fence to highest finished grade.
(iii) 
Oil derricks.
(iv) 
Retaining walls that are not over four feet (4′) (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
(v) 
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed two to one.
(vi) 
New or replace sidewalks, platform, decks and driveways less than 800 square feet and does not disturb additional area and maintains the original line and grade, hydraulic capacity and original purpose of facility.
(vii) 
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(viii) 
Temporary motion picture, television and theater stage sets and scenery.
(ix) 
Prefabricated swimming pools accessory to a Group R-3 occupancy or a one or two family dwelling, that are less than twenty-four inches (24″) (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
(x) 
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
(xi) 
Swings, other playground equipment and tree houses accessory to detached one and two family dwellings.
(xii) 
Window awnings supported by an exterior wall that do not project more than fifty-four inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3 occupancies, a one or two family dwelling, and Group U occupancies.
(xiii) 
Replacement, repair or overlay of 100 square feet or less of an existing roof covering within any 12 month period on the same building.
(xiv) 
Nonfixed and movable fixtures, cases, racks, counters and partitions five feet nine inches or less (1,753 mm) in height.
(2) 
Electrical:
(i) 
Listed cord-and-plug connected temporary decorative lighting.
(ii) 
Reinstallations of attachment plug receptacles but not the outlets therefor.
(iii) 
Replacement of branch circuit over current devices of the required capacity in the same location.
(iv) 
Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
(v) 
Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(vi) 
Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.
(vii) 
A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
(viii) 
Installations of railways for generation, transformation, transmission, energy storage, or distribution of power used exclusively for signaling and communications purpose.
(ix) 
Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installation.
(x) 
Installation under the exclusive control of an electric utility here such installations
A. 
Consist of service drops or service laterals and associated metering, or
B. 
Are on property owned or leased by electric utility for the propose of communications, metering, generation, transformation, transmission, energy storage, or distribution of electric energy, or
C. 
Are located in legally established easements or rights-of-ways, or
D. 
Are located by other written agreement either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. Theses written agreements shall be limited to installations for the purpose of communications, metering, generation, transformation, transmission, energy storage, or distribution of electric energy where legally established easements or right-of-ways cannot be obtained.
(3) 
Gas:
(i) 
Portable heating, cooking or clothes drying appliances.
(ii) 
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
(iii) 
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(4) 
Mechanical:
(i) 
Portable heating appliance, portable ventilation equipment, portable cooling unit, or portable evaporative cooler.
(ii) 
A closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by California Mechanical Code.
(iii) 
Replacement of any component part that does not alter its original and is in accordance with other applicable requirements of California Mechanical Code.
(iv) 
Replacement equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of the California Mechanical Code.
(v) 
A unit refrigerating system.
(5) 
Plumbing.
(i) 
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
(ii) 
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(6) 
Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
(7) 
Public Service Agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
(c) 
Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Safety for that purpose. Such application shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made.
(2) 
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(3) 
Indicate the use and occupancy for which the proposed work is intended.
(4) 
Be accompanied by construction documents and other information as required in Section 8999.32.
(5) 
State the valuation of the proposed work.
(6) 
Be signed by the applicant, or the applicant's authorized agent.
(7) 
Give such other data and information as required by the Building Official.
(i) 
Action on Application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of the codes, laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.
(ii) 
Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursed in good faith or a permit has been issued: except the Building Official is authorized to grant one extension of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. An application shall not be extended if this chapter or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
(d) 
Application for Demolition. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Safety for that purpose. Such application shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made.
(2) 
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(3) 
Indicate the use and occupancy for the structure on the site or parcel.
(4) 
The site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or parcel.
(5) 
State the valuation of the proposed work.
(6) 
Be signed by the applicant, or the applicant's authorized agent.
(7) 
Give such other data and information as required by the Building Official.
(8) 
The dates upon which demolition will begin, and the length of time the demolition activity will occur.
(9) 
A cash/surety bond or depositor's cash book assignment, in a manner approved by the City Attorney, in amount equal to the estimated costs, plus 10% of the work required to be done or other amount as determined by the Building Official. Such costs shall be as estimated by the Building Official.
Exception: The building may waive the requirements of a cash/surety bond or depositor's cash book assignment at his/her discretion when the demolition is included in the permit for a new structure on the same site parcel.
If permittee, who has posted a cash/surety bond or depositor's cash book assignment, fails to strictly comply with any notice of default or if the city causes the abatement of an imminent hazard the Building Official shall proceed without delay, and without further notice or proceeding (except as otherwise required by law) to cause the required work to be done by contract or otherwise in his/her discretion, with all costs to be assessed against the permittee. The balance, if any, of such depositor's cash book assignment upon the completion of the work shall be returned to the depositor or to his/her successors or assigns after the deduction the cost of the work plus 10% thereof.
If a cash/surety bond or depositor's cash book assignment has been posted, the Building Official shall return the cash/surety or release the cash book assignment to the depositor or the his/her successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere provided in this chapter.
(i) 
Action on Application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of the codes, laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.
(ii) 
Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursed in good faith or a permit has been issued: except the Building Official is authorized to grant one extension of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. An application shall not be extended if this chapter or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
(e) 
Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the City.
(f) 
Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, up to one extensions of time for action by the permittee for a period not exceeding 180 days each time upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.
Time limitation for permit as the result of code enforcement action shall expire by limitation and become null-and-void 60 days after the date on which the permit is issued. The Building Official is authorized to grant, in writing, up to one extensions of time for action by the permittee for a period not exceeding 180 days each time upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.
(g) 
Suspension or Revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of the Codes wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions listed in Section 8999.20(d).
(h) 
Placement of Permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Live Loads Posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building are or have been designed to exceed 50 psf (two and four-tenths (2.40) kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
(b) 
Issuance of Certificate of Occupancy. A certificate of occupancy required by California Building Code Section 111 shall not be issued until the floor load signs, required by California Building Code Section 106.1, have been installed.
(c) 
Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof a load greater than is permitted by this code.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
General. Submittal documents consisting of construction documents, statements of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional unless exempted by Section 5537 of the Business and Professions Code. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
(b) 
Construction Documents. Construction documents shall be in accordance with subsections (b)(1) through (b)(8) of this section.
(1) 
Information on Construction Documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official.
(2) 
Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to Fire Department indicate conformance to this California Building Code, California Fire Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in California Building Code and California Fire Code.
(3) 
Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
(4) 
Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
(5) 
Exterior Balconies and elevated walking surfaces. Where balconies and elevated walking surfaces are exposed to water from direct or blowing rain or irrigation, and the structural framing is protected by an impervious moisture barrier, the contraction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include the manufacturer's installation instructions.
(6) 
Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
(i) 
Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with California Building Code Section 1612.3.1 or California Residential Code R301.2(1) and R322.
(7) 
Structural Information. The construction documents shall provide the information specified in California Building Code Section 1603 or for buildings and structures utilizing braced wall design, and where required by the Building Official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top bottom shall be provided.
(8) 
Relocatable buildings. Construction documents for relocatable buildings shall comply with California Building Code Section 3112.
(c) 
Examination of Documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the codes and other pertinent laws or ordinances.
(1) 
Approval of Construction Documents. When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved or Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.
(2) 
Previous Approvals. The Codes listed in Section 8999.20 shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which complies with the codes and ordinances adopted by the jurisdiction at the time the permit was issued and has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
(3) 
Phased Approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of the Codes listed in Section 8999.20. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. All proposed phased projects shall be subject to additional examination, approval and inspection fees.
(4) 
Design Professional in Responsible Charge. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in charge who shall perform duties required of the original registered design professional in charge. The Building Official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
(i) 
Deferred Submittals. For the purposes of this section, "deferred submittals" are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period. Deferral of any submittal items shall have the prior approval of the Building Official.
The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Building Official.
(d) 
Amended Construction Documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The amended construction documents shall be submitted, reviewed and approved and fees paid before scheduling inspection of that portion of the amended work.
(e) 
Retention of Construction Documents. One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by State or local laws.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
General. The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause.
(b) 
Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the codes as necessary to ensure public health, safety and general welfare, and shall comply with the requirements of California Building Code Section 3103.
(c) 
Temporary Power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The Building Official is authorized to terminate such use of temporary power when found to be noncompliant with codes, ordinances and regulations of the jurisdiction or is found to be unsafe. The Building Official shall issue a notice of noncompliance to the utility provider and when possible to the owner or owner's authorized representative and the building occupant, when termination of temporary power is necessary. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in California Electric Code.
(d) 
Termination of Approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Payment of Fees. A permit shall not be valid until the fees prescribed as set forth in the City of Downey Schedule of Fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
(b) 
Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the Schedule of Fees established by resolution of the City Council.
(c) 
Building Permit Valuation. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official.
(d) 
Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee to be made before any permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued for the illegal work. The investigation fee shall be equal to the amount of a permit fee required by this chapter for the commenced or completed work as set forth in the City adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title or Downey Municipal Article VIII Chapter 5-33, nor from any penalty prescribed by law.
(e) 
Related Fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
(f) 
Refunds.
(1) 
The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
(2) 
The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this title. The Building Official may authorize the refunding of not more than 80% of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started.
(3) 
The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall visible and remain accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the Codes listed in Sections 8999.20.4.1 through 8999.20.4.10 or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(b) 
Preliminary Inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
(c) 
Required Inspections. The Building Official, upon notification, shall make the inspections set forth in subsections (c)(1) through (c)(12) of this section.
(1) 
Footing and Foundation Inspection. Footing and foundation inspections 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. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
(2) 
Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
(3) 
Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in California Building Code Section 1612.5 or California Residential Code Section R322 shall be submitted to the Building Official.
(4) 
Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
(5) 
Plumbing, mechanical, gas and electrical systems inspections. Rough inspections of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set to be installed, and prior to inspection.
(6) 
Lath, Gypsum Board and Gypsum Panel Product Inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
(7) 
Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain or irrigation, and structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.
(8) 
Fire-and Smoke-Resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
(9) 
Energy Efficiency Inspections. Inspections shall be made to determine compliance with California Energy Code and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.
(10) 
Other Inspections. In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the Codes listed in Section 8999.20 and other laws that are enforced by the Department of Building Safety.
(11) 
Special Inspections. For special inspections, see California Building Code Chapter 17.
(12) 
Final Inspection. The final inspection shall be made after all work required by the building permit is completed.
(i) 
Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in California Building Code Section 1612.4 or California Residential Code Section R322 shall be submitted to the Building Official prior to final inspection.
(d) 
Reinspection. A reinspection fee prescribed as below may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
(1) 
This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this title but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
(2) 
Reinspection fees may be assessed when the inspection record card is not otherwise available on the work site; the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
(3) 
To obtain a reinspection, the applicant shall pay the reinspection fee in accordance with the City of Downey Schedule of Fees.
(4) 
In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
(e) 
Inspection Agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
(f) 
Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official at least one working day before such inspection is desired and work is ready for inspection. It shall be the duty of the permit holder or their duly authorized agent to provide access to and means for inspections of such work that are required by this code. The Building Official may require that every request for inspection be filed in writing, by telephone or by building division web site at the option of the Building Official.
(g) 
Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Exception:
(1) 
Certificates of occupancy are not required for work exempt from permits under Section 8105.2.
(2) 
Accessory buildings and structures classified as U occupancy.
(3) 
All R-3 occupancies.
(b) 
Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Department of Building Safety, the Building Official shall issue a certificate of occupancy that contains the following:
(1) 
The building permit number.
(2) 
The address of the structure.
(3) 
The name and address of the owner.
(4) 
A description of that portion of the structure for which the certificate is issued.
(5) 
A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
(6) 
The name of the Building Official.
(7) 
The edition of the code under which the permit was issued.
(8) 
The use and occupancy, in accordance with the provisions of California Building Code Chapter 3.
(9) 
The type of construction as defined in California Building Code Chapter 6.
(10) 
The design occupant load.
(11) 
If an automatic sprinkler system is provided, whether the sprinkler system is required.
(12) 
Any special stipulations and conditions of the building permit.
(c) 
Temporary Occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. A fee for processing and tracking the temporary certificate of occupancy shall be paid by the building owner or the owner's authorized agent before the temporary certificate of occupancy is issued.
(d) 
Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the codes.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Building Official.
(b) 
Temporary Connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
(c) 
Authority to Disconnect Service Utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 8999.20 in case of emergency, where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 8999.42(a) or (b). The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by Codes listed in Section 8999.20, or cause same to be done, in conflict with or in violation of any of the provisions of this title.
(b) 
Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of the codes. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(c) 
Prosecution of Violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the City Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(d) 
Violation—Penalties. Any person who violates any provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. The payment of citations or penalties shall not be exempt from compliance with this title.
(Added by Ord. 20-1432, adopted 2-11-20)
No person shall own, use, occupy, or maintain an unpermitted structure or system. For purposes of this chapter, "unpermitted structure or system" shall be defined as any building or structure, electrical system, plumbing system, or mechanical system or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null-and-void.
(Added by Ord. 20-1454, adopted 10-13-20)
(a) 
Authority. Whenever the Building Official finds any work regulated by provisions of this title being performed in a manner either contrary to the provisions of this title or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
(b) 
Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(c) 
Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(Added by Ord. 20-1432, adopted 2-11-20)
(a) 
Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
(b) 
Record. The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(c) 
Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order.
(d) 
Method of Service. Such notice shall be deemed properly served if a copy thereof is: (1) delivered to the owner personally; (2) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (3) delivered in any other manner as prescribed by law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
(e) 
Restoration. The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of the California Existing Building Code.
(Added by Ord. 20-1432, adopted 2-11-20)