City of Bellflower, CA: Administrative Provisions and Amendments.

§ 15.04.040 Administrative Provisions and Amendments.

Chapter 1, Division II (Scope and Administration), Section 101 is amended as follows:

SECTION 101 — TITLE, PURPOSE, INTENT AND SCOPE

Chapter 1, Division II (Scope and Administration), Sections 101.1, 101.2, 101.4, are amended and Sections 101.4.9 through 101.4.12 are hereby added to read as follows:

101.1 Title. These regulations may be referred to as the Administrative Provisions of the California Building Codes of the State of California and other Codes as adopted by Title 15 of the Bellflower Municipal Code.

101.2 Scope. The provisions of the codes apply to the construction, alteration, conversion, relocation, enlargement, improvement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure 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, must comply with the California Building Code or the California Residential Code.

101.4 Referenced codes. Codes listed in Sections 101.4.1 through 101.4.12 and referenced elsewhere in the codes are part of the requirements of the codes to the prescribed extent of each such reference.

101.4.9 Electrical Code. The California Electrical Code as adopted in BMC § 15.08.010 applies to the installation and removal of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways for the following: (1) Public and private premises, including buildings, structures, mobile homes, recreational vehicles, and floating buildings; (2) Yards, lots, parking lots, carnivals, and industrial substations; (3) Installations of conductors and equipment that connect to the supply of electricity; and (4) Installations used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings, that are not an integral part of a generating plant, substation, or control center.

101.4.10 Residential Code. The California Residential Code as adopted in BMC § 15.60.010 applies to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of 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.

101.4.11 Green Building Standards Code. The mandatory provisions of the California Green Building Standards Code as adopted in BMC § 15.64.010 apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure.

101.4.12 Referenced Standards Code. The provisions of the California Referenced Standards Code as adopted in BMC § 15.80.010 apply to all buildings and structures.

Chapter 1, Division II (Scope and Administration), Section 102.6 is amended as follows:

102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of the codes may continue without change, except as is specifically covered in the codes or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.

Chapter 1, Division II (Scope and Administration), Section 103 - Code Compliance Agency, is amended as follows:

SECTION 103 — BUILDING AND SAFETY CODE COMPLIANCE

103.1 Creation of Agency. The Building and Safety Division is established as part of the Planning Department. Unless otherwise provided, the Building Official is authorized to implement, administer, and enforce the codes as adopted by this Title.

103.2 Appointment. The Building Official is appointed by the City Manager, or designee. More than one Building Official may be appointed by the City Manager, or designee, at his or her discretion.

103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the City Manager, or designee, the Building Official may appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other agents. Such appointed agents have powers as delegated by the Building Official.

Chapter 1, Division II (Scope and Administration), Section 105 - Permits, is amended as follows:

SECTION 105 — PERMITS

105.1 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, must obtain a valid permit from the Building Official.

Work performed without a permit is a misdemeanor. In addition, any such work constitutes a public nuisance and may be abated in accordance with the BMC.

105.1.1 Time-based permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the Building Official is authorized to issue a permit, valid for a specific time period not exceeding one year, upon application therefore to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.

105.1.2 Permit Records. The Building Official may detail the scope, parameters and conditions of this permit. The permit may be revoked when it is determined by the Building Official that the outlined scope, parameters, conditions or intent of the codes is not upheld by the permittee. The Building Official has access to such records at all times and such records must be filed with the Building Official as designated.

105.2 Work exempt from permit. Exemptions from permit requirements of the codes do not grant authorization for any work to be done in any manner in violation of the provisions of the codes or any other applicable law or policy. Except when otherwise subject to City review and approval or when otherwise required by applicable law, permits are not required for the following:

Building:
1.	One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses not more than 10 feet in height, provided the floor area does not exceed 120 square feet and conforms to the zoning regulations of the BMC.
2.	Chain-link, wrought-iron, wood and similar fences not over 6 feet high.
3.	Concrete or masonry block walls not over 5 feet 11 inches in height and not required as part of the development process.
4.	Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall and not required as part of the development process.
5.	Light standards which do not exceed 15 feet in height.
6.	Flagpoles not erected upon a building and not more than 15 feet in height.
7.	A tree house provided that:
	7.1	The tree house does not exceed 64 square feet in area or 8 feet in height from floor to roof.
	7.2	The ceiling height as established by door height or plate line does not exceed 6 feet.
8.	Oil derricks.
9.	Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width is not greater than 2:1.
10.	Sidewalks and driveways that are not more than 18 inches above adjacent grade, not over any basement or story below, not part of an accessible route and not part of a commercial site.
11.	Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
12.	Temporary motion picture, television and theater stage sets and scenery.
13.	Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons.
14.	Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
15.	Swings and other playground equipment.
16.	Canopies or awnings attached to a Group R or U Occupancy and extending not more than 54 inches from the exterior wall of the building.
17.	Temporary sheds, office or storage buildings, and other structures incidental to and work authorized by a valid permit during construction activities. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.
18.	Non-fixed and movable fixtures, cases, racks, counters and prefabricated partitions not over 5 feet 9 inches in height.
19.	Steel tanks supported on a foundation not more than two feet (610 mm) above grade when the height does not exceed 1.5 times the diameter.
Electrical:
1.	Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2.	Radio and television transmitting stations: The provisions of the codes do not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and the installation of towers and antennas.
3.	Temporary testing systems: A permit is not required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1.	Portable heating appliance.
2.	Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1.	Portable heating appliance.
2.	Portable ventilation equipment.
3.	Portable cooling unit.
4.	Steam, hot or chilled water piping within any heating or cooling equipment regulated by the codes.
5.	Replacement of any part that does not alter its approval or make it unsafe.
6.	Portable evaporative cooler.
7.	Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.
Plumbing:
1.	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 is considered new work and a permit must be obtained and inspection made as provided in the codes.
2.	The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets in their originally approved location, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

105.2.1 Emergency repairs. Where equipment replacements and repairs are performed in an emergency situation, the permit application must be submitted within the next working business day to the Building Official.

105.2.2 Public service agencies. A permit is not required for 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.

105.3 Application for permit. To obtain a permit, the applicant must first file an application therefore in writing on a form furnished by the Building Official for that purpose. Such application must:

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 107.
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.

105.3.1 Action on application. The Building Official will examine or cause to be examined applications for permits and amendments within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of applicable law, the Building Official must reject such application in writing.

No building permit or other similar applicable permit bearing on property development or use including additions, modifications or revisions may be issued unless and until the review and approval of all other departments and agencies having legal authority for review of construction projects have found the construction project to be in compliance with all applicable code provisions or entitlements.

When the Building Official is satisfied that the proposed work conforms to the requirements of applicable law, the Building Official must issue a permit in accordance with applicable law.

105.3.2 Time limitation of application. An application for a permit for any proposed work is deemed expired 180 days after the completion of the first submittal review unless a permit has been issued. The Building Official is authorized to grant one extension of time of an unexpired application for additional period not exceeding 180 days. The extension must be requested in writing and justifiable cause demonstrated.

For the purpose of this section, contact by a City representative indicating the review is completed is deemed completion of any submittal review.

105.4 Permit issuance. The application, plans, specifications, computations, and other data filed by an applicant for a permit will be reviewed by the Building Official. Such plans may be reviewed by other City officials to verify compliance with applicable law. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to applicable law, and that the specified fees have been paid, the permit must be issued.

When the Building Official issues the permit where plans are required, they must endorse in writing or stamp the plans and specifications. Such approved plans and specifications cannot be changed, modified or altered without authorization from the Building Official, and all work regulated by the codes must be done in accordance with the approved plans.

105.5 Validity of permit. Issuing a permit or approving plans, specifications, and computations cannot be construed to be a permit for, or an approval of, any violation of applicable law. Permits presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the City are not valid.

Issuing a permit based on construction documents and other data does not prevent the Building Official from requiring the correction of errors in the construction document and other data. Any addition to or alteration of approved construction documents must be approved in advance by the Building Official, as evidenced by the issuance of a new or amended permit. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of the codes or of any other ordinances of this City.

105.6 Expiration. Every permit issued by the Building Official under the provisions of the codes will expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date issued, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, except that no permit expires before a date 12 months from the date of being issued. Before such work can be commenced or recommenced, the Building Official must issue a new permit. The Building Official may not extend, nor is any permit valid, for any period exceeding three years from the original date a permit was issued.

For the purpose of this section, if an inspection approval is not recorded, the work authorized by the permit is deemed not commenced, suspended or abandoned.

(1)

Requesting extension of an unexpired permit: Any permittee holding an unexpired permit may apply for an extension of time within which permittee may commence work under that permit when the permittee is unable to commence or recommence work within the time required by this section for good cause shown. The Building Official may extend the time for action by the permittee for a period not more than 180 days upon written request by the permittee showing good cause beyond the control of the permittee have prevented action from being taken. Subject to approval of the Building Official, permits extended in this manner do not require additional permit fees.

(2)

Requesting reissuance of an expired permit: Any permittee holding a permit which expired may apply for a reissuance of the permit subject to compliance with current regulations and payment of plan check and permit fees. Plans must be resubmitted for plan check.

105.6.1 Expiration of Permit for Unlawful Structure. Notwithstanding any provision of Section 105.6, if a building permit was issued in order to bring an un-permitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit expires 90 days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90-day limit upon written request by the applicant filed with the Building Official before the expiration date of the original permit.

105.7 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under this code 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 of the codes.

105.8 Placement of permit. The building permit or a copy must be kept on the site of the work until the completion of the project.

105.9 Responsibility. Every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, must comply with the codes.

105.10 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.

105.11 Change of contractor or of ownership. A valid permit terminates upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work is not complete. A new permit is required for the completion of the work. Permit and applicable fees, must be paid to the City before the Building Official issues a new permit. If, however, changes have been made to the plans and specifications last submitted to the Building Official, a permit fee based upon the proposed changes may be levied.

105.12 Incomplete construction. When a permit is revoked pursuant to Section 105.7 or abandoned pursuant to Section 105.6, the incomplete construction for which the permit is issued constitute a public nuisance and must be appropriately abated as in accordance with the procedure set forth in Chapter 8.36.

105.13 Surrender of permit. If a portion of the work or construction covered by the issued permit has not been commenced, the permittee may deliver such permit and approved documents to the Building Official with request that such permit is to be canceled. The Building Official will make note on the permit with or with like wording "Canceled at the request of the Permittee." Thereupon the permit and documents become void.

105.14 Liens to be discharged. A permit cannot be issued to any person or corporation under the provision of this Title where the cost of any building repair or abatement was performed and a lien is recorded by the City, until the amount of such lien with interestis paid to the City in full.

Chapter 1, Division II (Scope and Administration), Sections 107.1, 107.2, 107.3.2, 107.3.3, 107.3.4.1, and 107.5 are amended as follows:

SECTION 107 — CONSTRUCTION DOCUMENTS

107.1 General. Construction documents, statement of special inspections, geotechnical reports and other data must be submitted in three or more sets, or in a digital formal where allowed by the Building Official, with each permit application. The construction documents must be prepared by a registered design professional where required by the statutes of the City in which the project is to be constructed. 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 the Building Official finds that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the codes.

107.2 Information on construction documents. Construction documents must be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents must 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 the codes and relevant laws, ordinances, rules and regulations, as determined by the Building Official.

107.3.2 Previous approvals. The codes cannot require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit was previously issued or otherwise lawfully authorized, and the construction of which was pursued in good faith within 180 days after the effective date of the codes, has not been abandoned or the Building Official has not determined the permit was issued under false information.

107.3.3 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 are filed complying with pertinent requirements of the codes and the BMC. The holder of such permit for the foundation or other parts of a building or structure must proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

107.3.4.1 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 must have the prior approval of the Building Official. The registered design professional in responsible charge must list the deferred submittals on the construction documents for review by the Building Official.

Documents for deferred submittal items must be submitted to the registered design professional in responsible charge who must 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 must not be installed until the design and submittal documents have been approved by the Building Official.

107.5 Retention of construction documents. One set of approved construction documents must be retained by the Building Official for a period of not less than that required by applicable law and the City's retention policy.

Chapter 1, Division II (Scope and Administration), Section 107.6 - Self-Certification Program, is added as follows:

107.6 Self-Certification Program.

Purpose. To expedite building permit approvals by allowing Licensed Design Professionals to voluntarily self-certify building plans.

Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this section:

"Self-certification," "self-certify" or "self-certified" means the submission to the Building Official (i) is made by a Licensed Design Professional identified in the building permit application; (ii) accompanies plans filed with Building Division by that Licensed Design Professional; and (iii) that Licensed Design Professional attests such plans (1) do not contain any false information, (2) are in compliance with requirements of the applicable State and City of Bellflower laws, codes, and regulations, and (3) were prepared by or under the direct supervision of, and signed and stamped by, that Licensed Design Professional.

"Licensed Design Professional" means the California Licensed Architect or Engineer, as applicable, identified as such on the building permit application and accompanying plans.

Eligible Participants. In order to participate in the Program, applicants must be registered and be in good standing as a Licensed Design Professional with the State of California.

Insurance Requirements. For a project to be accepted for Self-Certification, the Licensed Design Professional is required to furnish the Building Official a Certificate of Professional Liability Insurance, issued by an insurer authorized to insure in the State of California. The amount of required coverage will be reasonably determined by the City Manager or his designee; typically, a minimum of $1,000,000, but not less than the valuation of the permitted project.

Optional Prescreening Process. The Licensed Design Professional who intends on filing an application with a Self-Certification may meet with the Building Official, or designee, for a courtesy prescreening of the proposed project to ensure the submittal is complete.

Submittal Requirements. The Licensed Design Professional who intends on filing an application with a Self-Certification must submit that application to participate in the program to the Building Official. Self-certified plans must contain all the information listed in the corresponding City of Bellflower handout regarding building design criteria. A Self-Certification form and a "hold harmless" letter, in a form approved by the city attorney, must be completed in its entirety and submitted for each project by the design team and the property owner. The Self-Certification program will be all inclusive, all construction trade work that requires permits for the project must be Self-Certified. Each page of the plans submitted, must be wet stamped and signed by a Licensed Design Professional for each applicable trade.

Non-Building Division Approvals. The Licensed Design Professional who intends on filing an application with a Self-Certification must provide documentation to the Building Official demonstrating final approvals of any applicable City Divisions/Departments, such as Planning, Public Works, and Engineering before permit issuance. That licensed design professional must also provide documentation to the Building Official appropriate approvals of any applicable "outside" agency. Those outside agencies include, without limitation, the following: Los Angeles County Health Department, school districts, Air Quality Management Districts, and Los Angeles County Sanitation District.

Fees. All fees set forth in the City's Comprehensive Fee Schedule apply.

Permit Issuance. Applications that have met all the criteria of this voluntary Self-Certification program will be issued a building permit the same day of completed and approved application submittal.

10.

Inspection Protocol. All code-required State of California or City of Bellflower inspections are required.

11.

Audits. All Self-Certified plans are subject to auditing by the Building Official to determine whether plans comply with the applicable State and City of Bellflower laws, codes, rules, and regulations. If plans are found to be in non-compliance, then the Licensed Design Professional who intends on filing an application with a Self-Certification will ensure compliance. If compliance is not obtained within a reasonable amount of time, then the Building Official may report the non-compliance items to the appropriate licensing board with the State of California.

Chapter 1, Division II (Scope and Administration), Section 108 - Temporary Structures and Uses, is amended as follows:

SECTION 108 — TEMPORARY STRUCTURES AND USES

108.1 General. The Building Official is authorized to issue a permit for temporary structures, equipment or systems and temporary uses. Such permits must be limited as to time of service but cannot be permitted for more than 12 months. The Building Official is authorized to grant extensions for demonstrated good cause.

108.2 Conformance. Temporary structures and uses must 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.

108.3 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 part covered by the temporary certificate must comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code.

108.4 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.

Chapter 1, Division II (Scope and Administration), Section 109 - Fees, is amended as follows:

SECTION 109 — FEES

109.1 General. A fee as established by resolution of the City Council must be paid for each plan review when submitted and each permit at time of issuance.

109.2 Permit fees. A fee for each required permit must be assessed in accordance with the fee schedule adopted by City Council resolution. Failure to pay fees and obtain a permit before commencing work is a misdemeanor, except when a program is established by the Building Official and permit conditions are defined, or it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation will result in an assessment of an investigation fee in an amount equal to the permit fee for the work undertaken without permit. Payment of a double fee does not relieve any person from fully complying with the requirements of the codes nor from any other penalties prescribed herein.

109.3 Permit valuations. The applicant for a permit must provide an estimated permit value at time of application. Permit valuations must reflect the 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 will be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation is set by the Building Official.

109.4 Plan review fees. When a plan or other data is ready to be submitted in accordance with Section 105.3, a plan-checking fee, in the amount as established by City Council must be paid to the Building Official at the time of submitting plans and specifications for checking. When submittal documents are incomplete or include changes so as to require additional plan review or when the project involves differed submittal items an additional fee must be assessed in accordance with the fee schedule established by City Council. Plan deficiencies identified in the initial plan review that are not resolved by the third review shall render the plan submittal incomplete and additional fees shall be assessed.

109.5 Investigation fee. An investigation fee as established by Section 109.2 may be charged by the Building Official whenever work for which a permit is required by the codes has been commenced without first obtaining a permit. This fee must be paid and the investigation must be made before the issuance of any permit for said work. An investigation fee may be charged for any investigation of a building, structure, work reports, certification or any other related work requested by an owner or authorized agent of such owner.

109.6 Fee Refunds. In the event that an applicant has submitted for plan review or obtained a permit and no portion of the review, work, or construction covered by such permit has been commenced, and such permit is cancelled, the applicant may submit a written request to the Building Official requesting a refund of permit fees. The request must be submitted within one year of the date of cancellation or expiration of the permit. The Building Official may refund all or a portion of the permit fees to the applicant except that no portion of any permit issuance fee or other administrative fee shall be refunded.

109.7 Change of Occupancy Investigation fee. A fee as established by City Council resolution must be paid when an occupancy investigation inspection is required by the Building Official. Note: The occupancy investigation fees are in addition to other investigation fees and do not include the fees for the building permit, or fees for electrical, plumbing or mechanical permits covering the alterations and/or repairs of the occupancy conversion.

Chapter 1, Division II (Scope and Administration), Section 111 - Certificate of Occupancy, is amended as follows:

SECTION 111 — CERTIFICATE OF OCCUPANCY

111.1 Use and occupancy. No building or structure can be used or occupied in whole or in part, and no change in the existing use or occupancy classification of a building or structure or portion thereof can be made until the Building Official issues a certificate of occupancy. The Building Official cannot issue a Certificate of Occupancy to the builder upon the completion of a commercial structure where there is tenant space. Instead, a Certificate of Occupancy is issued to a business entity that is going to occupy the building or a portion thereof. Issuing a certificate of occupancy is not an approval of a violation of the provisions of the codes or other ordinances of the City.

Exception: The Building Official may not issue Certificate of Occupancies for single and duplex residential dwelling units and owner-occupied dwelling units, such as townhomes, condominiums and U occupancies. Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

111.2 Time limitation of application. An application for a certificate of occupancy is deemed abandoned one year after the date of filing, unless such application has been pursued in good faith or a certificate of occupancy has been issued.

111.3 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of the codes or other laws that are enforced by the City, the Building Official must issue a certificate of occupancy that contains the following:

The building permit number.

The address of the structure.

The name and address of the owner.

A description of that portion of the structure for which the certificate is issued.

A statement that the described portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

The name of the Building Official.

The edition of the code under which the permit was issued.

The use and occupancy, in accordance with the provisions of Chapter 3.

The type of construction as defined in 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.

111.4 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 must be occupied safely. The Building Official must set a time period during which the temporary certificate of occupancy is valid.

In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building must be vacated and the utilities disconnected until such time the building is completed, final inspection is completed and a Certificate of Occupancy is issued.

111.5 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of the codes, in writing, 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.

Chapter 1, Division II (Scope and Administration), Section 112 - Service Utilities, is amended as follows:

SECTION 112 — SERVICE UTILITIES

112.1 Connection of service utilities. Connections from a utility, source of energy, fuel or power, or a water system or sewer system to any building or system that is regulated by the codes for which a permit is required, must not be established until released by the Building Official.

112.2 Temporary connection. The Building Official may authorize the temporary connection of the building or system to the utility, the source of energy, fuel or power, or the water system or sewer system for the purpose of testing systems or for use under a temporary approval.

Temporary connections may be terminated by the Building Official in the event the permit for such work expires, temporary occupancy is terminated, or it is determined by the Building Official that conditions associated with the connected utility are not met.

112.3 Authority to disconnect service utilities. The Building Official may cause or order the disconnection or discontinuance of utility service to a building, structure, premises, system, equipment, fixture, or device that is regulated by this Code or by the referenced codes and standards set forth in Section 101.4, or elsewhere in the BMC: (i) when necessary to eliminate or mitigate an immediate hazard to life, health, safety, or property; (ii) when such building, structure, system, equipment, fixture, or device, or any utility service thereto, has been installed, equipped, altered, or used without requisite approvals, permits, or inspections; or (iii) when such building, structure, premises, system, equipment, fixture or device is found to be an unlicensed cannabis facility. An "unlicensed cannabis facility" means any facility within the City conducting commercial cannabis activity without a permit issued in accordance with the BMC.

The Building Official must attempt to notify the serving utility, and wherever possible the owner or the owner's authorized agent and occupant of the building, structure, premises, system, equipment, fixture, or device, of the decision to disconnect before taking such action; provided that the Building Official may dispense with any attempt at prior notification if, in the sole discretion of the Building Official, the nature or severity of the hazard justifies such inaction. If not notified before disconnecting, the Building Official must notify the owner of the owner's authorized agent or occupant of the building, structure, premises, system, equipment, fixture, or device in writing of the disconnection as soon as practical thereafter.

The utility service must remain disconnected or discontinued until the Building Official releases the utility service. The Building Official cannot release the utility service until: (i) the imminent hazard has been abated or eliminated; or (ii) all requisite approvals, permits, and inspections have been obtained for the building, structure, system, equipment, fixture, or device, or any utility service thereto.

Chapter 1, Division II (Scope and Administration), Section 112-Means of Appeals, is amended as follows:

SECTION 113 — BOARD OF APPEALS — CITY COUNCIL

113.1 General. The City Council is designated to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code. All references to the "Board of Appeals" means the City Council.

113.2 Limitations on authority. The Board of Appeals does not have authority to interpret the administrative provisions of the codes, nor is the Board empowered to waive requirements of the codes. The application for appeal must be based on a claim that the true intent of the codes or the rules legally adopted thereunder was incorrectly interpreted where the provision of the codes do not fully apply, or where an equally good or better form of construction is proposed.

113.3 Applications, fees and findings. Any person appealing the decision of the Building Official must file with the Building Official a written application accompanied by a filing fee in accordance with the fee schedule adopted by City Council resolution at any time not more than 20 calendar days after the decision of the Building Official.

The application must set forth and include any information the Building Official may require.

Upon the filing of a verified application, the Building Official must transmit said application forthwith to the Board of Appeals, and such Board must investigate, examine, review, hear testimony, from and on behalf of the applicant, and render findings and decisions on the matter in writing to the applicant with a duplicate copy to the Building Official within 20 days after the conclusion of its proceedings, the Building Official must make all findings and decisions available to the public without fees.

Chapter 1, Division II (Scope and Administration), Section 114 - Violations, is amended as follows:

SECTION 114 — VIOLATIONS AND PENALTIES

114.1 General. Violation of the codes constitutes a misdemeanor. In addition, such violation constitutes a public nuisance subject to abatement in accordance with applicable law.

114.2 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 the codes, or in violation of a permit or certificate issued under the provisions of the codes. Such order must direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.3 Compliance with Notice and 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 the codes or of the order or direction made pursuant thereto. No person may remain in or enter any building or structure that has been posted with a red tag by the Building Official. Notwithstanding the foregoing, a person may enter the building or structure to repair, demolish or remove such building or structure pursuant to a duly issued permit. No person may remove or deface any order issued by the Building Official including, without limitation, a red tag, after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy has been issued, where applicable.

114.4 Violation penalties. Any person who violates a provision of the codes 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 the codes, is subjected to penalties as prescribed by law.

Chapter 1, Division II (Scope and Administration), the title of Section 116 — Unsafe Structures and Equipment, is amended as follows:

SECTION 116 — UNSAFE STRUCTURES AND BUILDINGS

Chapter 1, Division II (Scope and Administration), Sections 116.1, 116.2, 116.3 are amended as follows:

116.1 General. All buildings, 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, are, for the purpose of this section, unsafe conditions. All such unsafe buildings or conditions are public nuisances and must be abated by repair, rehabilitation, improvement, removal, or demolition, in whole or part. A vacant building or structure that is not secure against entry is deemed "unsafe."

116.2 Placards and orders relating to occupancy of unsafe structures and buildings. Pursuant to the completion of a visual, nondestructive examination to determine the condition for continued occupancy, the Building Official or designee is authorized to designate the condition of the unsafe building or structure with a placard or order, as follows:

A "stop work" order means an order requiring the immediate cessation of all work being done contrary to the provisions of Title 15 or other pertinent laws or ordinances implemented through the enforcement of this Code, or which results in a dangerous, hazardous or unsafe condition. Persons notified of this order must immediately stop such work until otherwise authorized by the Building Official or designee.

A "limited access" order or "yellow tag" denotes restricted use and is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly note the restrictions on continued occupancy.

A "do not enter - unsafe to occupy" order or "red tag" denotes that the building or structure is so damaged that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard may not be entered under any circumstance except as authorized in writing by the building official or designee. Safety assessment teams are authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

The appropriate placard must be posted at each entry point to a building or structure. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official. It is unlawful for any person, firm or corporation to alter, cover or deface a placard pursuant to this section.

116.3 Notice. If an unsafe condition is found, the Building Official must 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 reasonable time. Such notice will be deemed properly served when made in conjunction with section 1.04.080 of the Bellflower Municipal Code.

Chapter 1, Division II (Scope and Administration), Section 117 - Construction Hours of Operation, is added as follows:

SECTION 117 CONSTRUCTION HOURS OF OPERATION

117.1 Hours of Construction. No construction activities may commence within the City of Bellflower except as set forth in Table 118.1 below or as otherwise approved by the Building Official:

Table 117.1 Construction Hours of Operations
Day(s)	Start Time	End Time
Monday through Friday	7:00 a.m.	6:00 p.m.
Saturdays	8:00 a.m.	6:00 p.m.
Sundays and City Holidays	Not Permitted	Not Permitted

For purposes of this Section, construction includes, without limitation, site preparation, demolition, grading, excavation, and the erection, improvement, remodeling, or repair of buildings or structures, including operation of equipment or machinery and the delivery of material associated with those activities, irrespective of whether a building permit is required for the construction.

Table 1505.1 is hereby amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1^a MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION
IA	IB	IIA	IIB	IIIA	IIIB	IV	VA	VB
B	B	B	B	B	B	B	B	B

For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m².

Unless otherwise required in accordance with Chapter 7A.

Section 1505.1.2 is hereby amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:

1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

(Ord. 1255 § 3, 11/25/13; Ord. 1325 § 3, 11/14/16; Ord. 1338 § 2, 5/22/17; Ord. 1381 § 3, 12/09/19; Ord. 1421 § 3, 12/15/22; Ord. 1422 § 3, 12/12/22; Ord. 1449, 9/22/2025; Ord. 1450, 9/22/2025)