Except as may otherwise be provided in this title, the California Building Code, 2022 Edition (Parts 1 and 2 of Title 24 of the California Code of Regulations), and only Appendices J (Grading) and P (Emergency Housing), are hereby adopted by reference and made a part of this chapter as though set forth in full herein. These provisions of Title 24, Parts 1 and 2 shall comprise the building code of the city of Gardena.
(Ord. 1851 § 2, 2023; Ord. 1863 § 1, 2024)
Section 105.2, items 2 and 4 are hereby amended to read as follows:
2. Fences not over 6 feet in height.
4. Retaining walls that are not over 3 feet 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.
(Ord. 1851 § 2, 2023; Ord. 1863 § 2, 2024)
Section 105.5 of the 2022 California Building Code is hereby amended to read as follows and Section 105.5.1 is of no force or effect:
105.5 EXPIRATION OF PERMITS.
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 suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(Ord. 1851 § 2, 2023)
Section 109 of the 2022 California Building Code is hereby amended to read as follows in its entirety:
109 FEES.
A. General. Fees shall be assessed in accordance with the provisions of this Section.
B. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be quadrupled, but the payment of such quadrupled fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.
C. Plan review fees. When a plan or other data is required to be submitted by this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be one hundred (100) percent of the building permit fee.
1. The plan review fees specified in this subsection are separate fees from the permit fees specified in Subsection 1.8.4.2 and are in addition to the permit fees.
2. Where plans are incomplete or changed or involve deferred submittals so as to require additional plan review, an additional plan review fee shall be charged at the rate indicated in the executive order.
D. Expiration of plan review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
E. Fee 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 eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.
3. The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
4. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
(Ord. 1851 § 2, 2023)
Section 114 of the 2022 California Building Code shall be amended to read as follows in its entirety:
114 VIOLATIONS.
A. Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code.
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 this Code. 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 legal counsel of the jurisdiction 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 a 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.
E. Violation a misdemeanor. Any person violating any of the provisions of this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be punishable as set out in Section 1.16.010 of this Code.
(Ord. 1851 § 2, 2023)
Section 903.2 of the 2022 California Building Code is hereby amended by amending Section 903.2 and adding Section 903.2.13 to read as follows; all other provisions of Section 903.2 remain in place:
903.2 WHERE REQUIRED.
Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.21.
903.2.13 EXPANSION OF EXISTING BUILDINGS.
An automatic sprinkler system is required in any existing building subject to alteration or expansion if (1) the expansion exceeds 50 percent of the existing gross floor area; or (2) the cost of remodeling, expansion or improvement exceeds 50 percent of the value of the existing structure as determined by the Building Official. The size or valuation of an existing building shall be deemed to exceed fifty (50) percent if:
1. The expansion exceeds fifty (50) percent of the existing gross floor area; or
2. The cost of remodeling, expansion, or improvement exceeds fifty
(50) percent of the value of the existing structure as determined by the building official.
(Ord. 1851 § 2, 2023)
Section 3306 of the 2022 California Building Code is hereby amended by adding a new Section 3306.10 to read as follows:
3306.10 Fencing and Pedestrian Protection.
Fencing and pedestrian protection shall be required at all building and demolition sites as follows:
1. Prior to issuance of a demolition or building permit, a pre-demolition site inspection shall be performed verifying sewer cap and temporary toilet location and the capping of electrical, water and gas service to the property.
2. Prior to commencement of work, all new construction or demolition sites shall install minimum 6-foot-high protective chain link fencing with slats or screening incorporated, or wood fencing consistent with Section 3306 of the California Building Code, and Table 3306.1 regardless of distance to the property line. Protective wood canopies shall be installed prior to commencement of work pursuant to the requirements of Section 3306 and Table 3306.1 of the CBC.
3. If scaffolding is used on any construction site, the exterior face of the scaffolding shall be covered with mesh screen, tarps or other material sufficient to mitigate dust and debris migration from the site.
4. A Pedestrian Protection Plan shall be approved identifying all areas of required pedestrian protection for the property, prior to the issuance of demolition or building permits. The Plan shall indicate all areas of pedestrian protection or indicate why such protection is not required (e.g., exempt due to distance of construction to property line). The Pedestrian Protection Plan shall be prepared by a licensed contractor, engineer or owner-builder and indicate the proposed protection system to be installed and the method of installation. When conditions make installation of a pedestrian canopy impractical (e.g., a narrow street or alley) an alternative method may be shown on the plan such as pedestrian diversion through use of flag persons and barriers.
5. Any work encroaching into the public right-of-way or involving pedestrian diversion shall require Public Works Department approval of permits and pedestrian protection.
6. In addition to the remedies provided in the Building Code, violations of this Section shall result in revocation or suspension of a building permit pursuant to the procedures set forth in the Code.
(Ord. 1851 § 2, 2023)
Appendix J is hereby amended to add the following sections to read as follows:
Section J112.1 Sediment control.
A. Sediment caused by the grading project shall be retained on the site to the greatest extent feasible. The maximum permanent rate of sediment loss after completion of the project should not exceed the natural erosion rate which occurred prior to the grading project. If, in the opinion of the building official, excessive erosion occurs from the project, erosion and sediment control measures shall be immediately implemented to reduce erosion to allowable levels.
B. If required by the building official, sediment basins, sediment traps, or similar sediment control measures, temporary or permanent, shall be installed prior to clearing and grading operations. Upon completion of construction and stabilization of soils, all temporary erosion control facilities shall be removed from the site upon written approval of the building official.
Section J113.1 Grading practices and setbacks.
A. Grading operations shall be conducted so as to mitigate damaging effects of sediment production and dust on the project site and other properties.
B. The setbacks specified by CBC Appendix J, are minimum requirements and may be increased by the building official or by the recommendation of a civil engineer, soils engineer, or engineering geologist, if necessary, for safety and stability, or to prevent damage to other properties from deposition or erosion, or to provide access for slope maintenance and drainage. Retaining walls and/or deep foundations may be used to reduce the required setbacks when approved by the building official.
Section J114.1 Control of runoff.
In order to prevent polluting discharges from occurring, approved erosion and sediment control devices shall be required for all grading and filling. Control devices and measures which may be required include, but are not limited to, the following:
A. Energy absorbing devices to reduce the velocity of runoff water;
B. Sedimentation controls, such as sediment debris basins and sediment traps. Trapped sediment shall be removed to a site approved by the building official;
C. Disposal of water runoff from developed areas over large undisturbed areas;
D. Multiple discharge points to reduce the volume of runoff over localized areas.
Section J115.1 Revegetation and slope surface stabilization.
A. Mulching, seeding, the planting of shrubs and trees, or other suitable stabilization measures shall be used to protect exposed slopes as necessary to control erosion, sedimentation and slope stability. Preference shall be given to use native or locally adapted grasses, shrubs and woody vegetation.
B. Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for erosive surface runoff.
C. Revegetation shall be maintained by the owner until permanent establishment is achieved.
Section J116.1 Disposal of cleared material and fill.
Vegetation, dirt and rocks removed during clearing operations shall be disposed of by one or more of the following methods:
A. Chipping all or some of the cleared vegetation for use as mulch or compost on the site or other approved location;
B. Disposing of the balance of the material in a location approved by the building official.
Section J117.1 Excavated materials.
Excavated materials removed during grading operations shall be handled in accordance with the following methods:
A. Stockpiling sufficient topsoil on the site if necessary, for use on areas to be revegetated.
B. Locating stockpiled soil so that it will not become a source for off-site sediment damage.
C. Promptly backfilling and compacting stockpiled soil into trenches and pits to reduce the risk of erosion.
D. Applying mulch or other protective coverings on stockpiled material which will be exposed through the winter season.
E. Excavated material not to be used at the site shall be disposed of in a manner and at a location approved by the building official.
Section J118.1 Completion of work.
When required by the building official, the engineer of record shall verify that final grading complies with approved plans prior to final inspection by the city.
(Ord. 1851 § 2, 2023)
A. 
Appendix P, Section P103.2.1 is hereby amended to read as follows:
P103.2.1 New additions, alterations, and change of occupancy.
New additions, alterations, and change of occupancy to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition, alteration, or change of occupancy. The requirements shall apply only to and/or within the specific area of the addition, alteration, or change of occupancy.
Exceptions:
1. Existing buildings and structures used for emergency housing and emergency housing facilities may not be required to comply with the California Energy Code, as determined by the enforcing agency.
2. Change in occupancy shall not mandate conformance with new construction requirements set forth in the California Building Standards Code, provided such change in occupancy meets the minimum requirements set forth in this appendix.
B. 
Appendix P, Section P103.3 is hereby amended to read as follows:
P103.3 Occupant load.
Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 64 square feet (6.5 m2) for two occupants. Where more than two persons occupy the building/structure, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of two. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.
Exceptions:
1. Tents.
2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.
C. 
Appendix P, Section P111 is hereby added to read as follows:
P111 Alternatives and modifications.
Alternative compliance and/or modifications that are reasonably equivalent to the requirements in this appendix may be granted by the Building Official in individual cases when dealing with buildings or structures used for emergency housing.
(Ord. 1851 § 2, 2023)